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Archives for November 2018

Top 5 Reasons People Want to Sue Their Doctors

Monday, November 26, 2018 By Admin

What makes people want to sue their doctors?  Over the years I’ve spoken with thousands of people who have been unhappy about their health care.  Most people are understanding and forgiving of errors and oversights by their doctors.  But when their concerns are dealt with poorly or not at all, patients become incensed and may want to start a lawsuit or file a complaint with the College of Physicians and Surgeons. When people suffer catastrophic, life-altering injuries, they are even more inclined to want to begin a lawsuit. In reality, most bad outcomes from health care are not due to negligence and will not warrant a lawsuit, but if you are concerned, you should speak with a lawyer.

Here are the most common concerns I hear:

Nobody told me

The most common complaint from callers who have a bad outcome is they do not feel they were given enough information about the risks of their procedure ahead of time.  This is a “lack of informed consent” complaint. When considering informed consent, the important word is ‘informed’. Flashing a document in front of a confused, scared and suffering patient and providing 30-second clinical diatribe about the planned treatment simply does not do it. When providing an explanation about medical procedures, your physician is supposed to let you know about the kind of procedure being considered, how serious it is, and what the risks are.  They should also let you know if there are any reasonable alternatives that should be considered, and they should answer any questions you have about the procedure. This applies to all medical interventions from complex surgical procedures to writing a simple prescription.

A claim that you did not give informed consent for a procedure is generally difficult to win in court.  That’s because the courts consider that you went to the doctor because you had a health concern and you would likely have gone ahead with the procedure even if you had been told about the risks.  So do your best to become an informed patient.  Don’t make the doctor guess – tell the doctor what you want to know and what matters to you, and ask lots of questions.

They got it wrong

After informed consent concerns, medical misdiagnoses leading to incorrect therapeutic recommendations is another common complaint. Once you describe your symptoms your physician will ask you questions, examine you and order relevant tests. At that point there may be several possible diagnoses.  Your physician will use his or her best clinical judgment to recommend a course of action; this sometimes proves to be incorrect. Regrettably, if an incorrect diagnosis is passed along to other practitioners, rather than investigating alternatives, the wrong course of action may be pursued.  By the time the problem is recognized the patient may have become seriously ill. This ‘target fixation’ is at the root of many patient complaints.

I needed a specialist

Another concern patients have is that often the medical care provided depends upon where the patient lives. A patient in Vancouver has relatively quick access to hospitals and highly trained specialists, but in rural areas you do not always have easy access to this expertise. Referrals to specialists can involve lengthy journeys and inordinate delays. In well-meaning efforts to overcome these obstacles a family physician may get in over their head; a situation that may lead to further injury and additional interventions that otherwise might not have been required. This is especially true in situations where the patient has suffered a rare or unusual condition that even in the most advanced clinical settings may require intense investigation by several highly trained specialists.

They didn’t take me seriously

Complaints sometimes involve mistakes such as an unintended nick in an adjacent organ during surgery or the development of a post-operative infection, or a patient may simply have a bad outcome.  Nothing is guaranteed in medicine and no two people will respond in the same way to the same medical treatment.  Many bad outcomes are recognized risks of procedures and may result even when there is no negligence.  Here, it is often not the mistake itself that is the issue, but the poor or nonexistent response afterwards that trouble patients the most.

The system failed me

Lastly, the medical system itself is often cited as the reason for patient dissatisfaction. Perhaps the most common complaint deals with inordinate delays in receiving treatment. Also, in many instances, a patient’s perception of the relative success of a medical procedure is coloured by the way they were treated by their caregivers. Whether this is a lack of sensitivity and compassion by the caregivers in a hospital or a rude receptionist in a medical clinic, patients sometimes generalize their dissatisfaction to cover their entire medical experience.

Conclusion

There are, of course, many individual reasons for a person’s dissatisfaction with medical care but, most of it comes down to simple communication.  Physicians must talk to their patients and take reasonable steps to ensure they understand what is recommended, why that is the best course of action, and the risks and benefits of proceeding. As a patient, you need to ask questions and not be intimidated by a physician. Make sure you understand what is planned and what you can expect from the recommended treatment. If your doctor is unwilling or unable to answer your questions or refuses to do so, find another doctor. As difficult as that may be, if you don’t understand the risks and benefits of the proposed medical treatment, you may find yourself wondering if you made the right decision.

You can do your part by giving your doctor information, by asking questions and by reporting to your doctor how you feel after a procedure. In reality, most bad outcomes from health care are not due to negligence and will not warrant a lawsuit, but if you are concerned, you should speak with a lawyer.

*Image courtesy of: http://www.cardiffandvaleuhb.wales.nhs.uk/ask3patient

Filed Under: Adult Injuries, Medical Malpractice

The Power of Music and Dance

Tuesday, November 13, 2018 By Brenda Osmond

Dance and music can be enjoyed by everybody.  Music has the power to help us relax or it can energize us. People of all abilities can engage with dance and music informally for pure enjoyment, or through formal programs that include therapeutic goals.

The simple act of listening to music can have health benefits.  For example, the 2014 documentary Alive Inside: A story of music and memory, chronicled the impact that listening to carefully selected music had on people with memory problems.  Many people found that specific music could trigger memories of past events that they had otherwise been unable to access.

A more formalized use of music is music therapy.  Music therapy is defined as the purposeful use of music within therapeutic relationships to support development, health, and well-being.  It is an evidence-based health profession in which music is used in many ways, including in physical rehabilitation programs to facilitate movement.

The Music Therapy Association of British Columbia has resources to help you find a credentialed music therapist in your area.

Opportunities for dance

Dance is not only fun, it can also help to improve movement and provide a cardiovascular workout. By participating in movement through dance, people with disabilities can experience an inclusive social activity that can potentially provide therapeutic benefit.

There are many ways people with cerebral palsy can participate in music and dance.

Children and youth with various disabilities can have fun while they participate in dance, creative movement and games through the Dance Without Limits program offered by the Cerebral Palsy Association of BC.  These adapted dance programs are currently available in Surrey, Victoria and Kelowna.  More information about these programs is available on the Association’s website.

Adults with disabilities may find movement and dance programs through their local community centre.  For example, in Vancouver, the Roundhouse Community Arts Centre and the Trout Lake Community Centre offer programs that bring together people with and without disabilities to explore movement as a means of creative expression.

What the research says

We know that dance and music can have beneficial effects, but do those effects add up to functional improvements for people with cerebral palsy? Studies have shown that dance can improve balance, posture, gait and walking in people with cerebral palsy. In addition, dance and music can support emotional expression and facilitate well-being, improve self-esteem and it may even improve social communication. Dance with music and rhythm may be integrated into rehabilitation and physical and occupational therapy to increase participating and enjoyment of therapy.  A summary of that study can be seen here.

*Image courtesy of https://fineartamerica.com/featured/dancing-girl-in-a-wheelchair-valeriy-kachaev.html

Filed Under: Cerebral Palsy, Cerebral Palsy Association of BC, Health News

Standard of Proof in Civil Trials

Tuesday, November 6, 2018 By Andrea Donaldson

In two recent US trials, juries found that the plaintiffs’ cancer was caused by exposure to certain common chemicals. In August, a California jury ruled that the plaintiff’s non-Hodgkin’s lymphoma was caused by his exposure to glyphosate, a popular herbicide sold under the name “Roundup,” and ordered Monsanto, the manufacturer of the product, to pay $289 million US in damages.  In July, a Missouri jury found in a class action involving 22 women, that talcum powder manufactured by Johnson & Johnson caused ovarian cancer, and awarded the plaintiffs $4.7 billion US in damages.

Conclusive links between cancer and these products has not been established by scientists, and Canadian health regulators, as well as regulators in governments throughout the world, still permit the use of both products. How could a jury find that these products caused cancer in the absence of scientific proof?

Burden of Proof

A plaintiff in a civil trial, including a medical malpractice action, must establish their case on a balance of probabilities. An essential element of the claim is causation, which is established when the plaintiff proves, on a balance of probabilities, that the defendant caused or contributed to the plaintiff’s injury. This is not a matter of determining the cause of the plaintiff’s injury with scientific certainty, nor does causation need to be established “beyond a reasonable doubt” as required in criminal cases. A plaintiff must convince a judge or jury that, more likely than not, the defendant caused his or her injuries. As a result, the standard of proof in civil cases is lower than both the scientific and criminal standard.

Competing Scientific Theories

Often in civil trials, both the plaintiff and defendant present scientific and expert evidence that offers competing theories as to the cause of the plaintiff’s injuries. It is then up to the judge or jury to weigh the conflicting evidence and decide which evidence to believe and how much weight to place on it. A judge or jury may make a finding of causation in favor of the plaintiff in the face of evidence to the contrary if they believe the plaintiff’s evidence was stronger. In the cases mentioned above, lawyers on both sides challenged the scientific methods used and suggested potential for conflicts of interest among the researchers. However, in both of these cases, the juries were free to decide which science and which experts to believe, and found that the plaintiffs had met the standard required in civil cases and had established that the defendants’ products had caused their cancer.

Going Forward

Definitive scientific answers to questions about cancer risks from widely used chemicals is unlikely as it is unethical to conduct experiments deliberately exposing people to chemicals to determine if they develop cancer. Therefore, there will always be the possibility that an individual developed cancer due to another cause. Monsanto has stated they plan to appeal the California court’s decision, stating that glyphosate does not cause cancer and that they will continue to defend the product as safe and an essential tool for farmers.  Johnson & Johnson has indicated their plans to appeal the verdict to defend the safety of Johnson’s Baby Powder.

While it is essential that medical experts provide a firm opinion supporting the plaintiff’s theory of causation, medical or scientific experts ordinarily determine causation in terms of certainties whereas a lesser standard is required in civil cases. Therefore, a plaintiff can succeed in a lawsuit if they can prove that it is “more likely than not” that the defendant caused their injuries.

It remains to be seen if these verdicts will be upheld on appeal.

Filed Under: Health News, Legal News

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