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Medical Malpractice

Hospital Shifts and Medical Mistakes

Friday, May 30, 2014 By Admin

Without a doubt, the best way of dealing with hospital errors is to prevent them from happening in the first place. In a recent on-line Globe and Mail article, Attempt to shorten shifts for doctors causing unintended consequences, correspondent Lee Marshall identified a new potential source of medical errors. According to Ms. Marshall, this new problem grew out of the well-intended need to shorten the ridiculously long shifts that many hospital workers, principally medical residents, traditionally have had to tolerate. In a recent survey of their members conducted by The Canadian Association of Internes and Residents, it was reported that their members worked an average of 62.6 hours per week, and slept an average of 3.2 hours per day while on call. The worst case seems to be in the specialty in which one might expect a need for the greatest acuity, surgical residents, who reported working slightly more than 75 hours per week and an average of 20.2 consecutive in-house duty hours.

Anyone who has endured the rigours of medical residency will ask, “What’s wrong with that?” The answer can be found in a 1997 research paper titled, Fatigue, alcohol and performance impairment, by Drew Dawson and Kathryn Reid, published in Nature: Weekly International Journal of Science. In that paper the authors noted that,

“. . . after 17 hours of sustained wakefulness cognitive psychomotor performance decreased to a level equivalent to the performance impairment observed at a blood alcohol concentration of 0.05%. . . . After 24 hours of sustained wakefulness cognitive psychomotor performance decreased to a level equivalent to the performance deficit observed at a blood alcohol concentration of roughly 0.10%.”

Patient errors due to Staff turnover

In British Columbia, if car drivers are found to have blood alcohol concentrations of .05% they can be served with an immediate roadside prohibition and have their cars impounded. Behavioural characteristics associated with blood alcohol concentrations between .06% and .10% include: impaired judgment, impaired coordination, diminished of sense of hearing and vision, and slowed mental processing. One can’t help but wonder how a person would feel about being operated on by a physician who displays these behaviours.

In her article Ms. Marshall points out that the problems associated with working very long hours has been understood for years and that as a result many hospitals have made efforts to regulate the maximum permissible hours of work. She notes that in 2011 the Province of Quebec mandated the maximum continuous hours of work for medical residents to be not greater than 16 hours per day. Whereas intuitively one might expect that these actions ought to result in fewer medical errors, the article suggests that isn’t necessarily the case. In fact Ms. Marshall cites researchers who claim that the moves to regulate shorter shifts have made the situation worse, not better.

The culprit here is poor documentation and communication during the process of handing over patient care from an outgoing hospital shift to their incoming colleagues. In the simplest terms, critical patient information is missing or inaccurate and poorly documented when it exists. The article suggests that if poor patient handover practices are the source of many medical errors then the more often shifts change, the greater the risk of those medical errors. Efforts to impose shorter hours of work have resulted in the need to turn over staff more frequently resulting in more patient hand-overs and a greater incidence of errors being made.

In our experience, this sort of problem is not uncommon. Here’s a scenario that combines a number of issues we commonly see:

A 50 year old man attended the emergency room of a small community hospital with severe back pain that had been getting worse over the past week. He had not been able to sleep and was having chills. His back pain extended to the rib area. He was in so much pain he could not lay still for assessments. He was admitted to the hospital, and over the first 4 days was seen by a different doctor every day. His situation worsened and over the following days the nurses noted that he was having difficulty urinating and was developing leg weakness and numbness. After suffering this way for 7 days he finally had an MRI which showed a mass on his spine; he was diagnosed with a spinal epidural abscess which required immediate surgical decompression and long-term antibiotic therapy. As a result of his spinal epidural abscess he suffered a severe spinal cord injury and is now paraplegic.

The question is; did the frequent hand-overs between four different doctors over four days cause a lack of continuity which negatively impacted this patient’s ability to get a timely diagnosis and treatment?

Filed Under: Health News, Medical Malpractice

Reporting Medical Errors made Mandatory in Nova Scotia

Friday, December 13, 2013 By Admin

The government of Nova Scotia is taking a positive step towards transparency and improving patient safety by making it mandatory for health authorities to report medical errors. Starting Dec. 22, the province’s health authorities will have to report medical mistakes to the Department of Health and Wellness within 12 hours.

Patient safety is a serious concern across Canada. Some say medical errors are the third leading cause of death in Canada. Yet, most provinces and territories lack a uniform system for tracking and reporting “adverse events”. With systems focused on transparency, knowledge sharing, and learning from mistakes, health authorities across the nation can improve patient safety and reduce preventable errors.

To learn more about the initiative by the Province of Nova Scotia, click here.

To learn more about the issue, please click here.

Filed Under: Health News, Medical Malpractice

How Often do Hospitals Make Mistakes that Harm Patients?

Monday, September 23, 2013 By Admin

We get a number of calls in our office from patients (or their family members) who have suffered injuries during their hospital admission which have caused them significant disabilities, or in some cases, death. How often does this occur and what causes these injuries? New reporting requirements in Ontario aim to shed light on this serious issue.

Hospitals in Ontario have been directed to report critical incidents involving medications and intravenous fluids to the Canadian Institute for Health Information National System for Incident Reporting. In issuing the directive, the Ontario Ministry of Health and Long-Term Care aims to minimize and prevent harmful medication incidents. The first annual report, issued in May of 2013, indicated that there were 36 critical incidents reported in that year. These critical incidents contributed to the death of 10 patients and left 26 patients with serious injuries.

What are the primary causes of these injuries to patients during hospitalization? The data reveals that the top medications that contributed to severe harm or deaths included opioids, heparin, norepinephrine and oxytocin. The factors that contributed to opioid overdose included pump or infusion rate issues, confusion over multiple dosage formats and knowledge deficits related to prescribing practices. In contrast, mix-ups involving oxytocin were due to similar looking packaging of IV bags and syringes being present in the obstetric suite. Other top contributing factors were communication, drug product confusions and distractions/frequent interruptions.

The results of this analysis have prompted the development of presentations and publications made available to health-care workers in Ontario. These educational efforts provide recommendations for system safeguards to prevent a recurrence of the problem and try to improve both the quantity and quality of the critical incident reporting.

According to the National Post, only Saskatchewan, Manitoba and Quebec have similar mandates for hospitals to report critical incidents, and Manitoba is the only other province that releases their results publicly.

The fact that only 36 critical incidents were reported over the course of one year may be due to under-reporting in this recently instituted program. It may also reflect the fact that although errors in health care occur from time to time, very few of them meet the criteria of a “critical incident” – that is to say very few result in death, or serious disability, injury or harm.

Read the full report here:  Select

Read the National Post news article here: Select

Filed Under: Health News, Medical Malpractice Tagged With: Hospital Errors, Medication Errors

5 Common Myths about Medical Malpractice Lawsuits

Monday, September 9, 2013 By Admin

I began practicing medical malpractice law well over a decade ago, and over the years I have spoken with hundreds of people about potential lawsuits against doctors.

During this time, I have consistently encountered the following misconceptions about medical malpractice:

Myth #1 – Doctors are too powerful to sue. This is one of the most prevalent myths. While it is true that successfully suing a doctor is difficult, it can be done.

Here are the facts. Almost all of the doctors in Canada belong to the Canadian Medical Protective Association (the “CMPA”), a very sophisticated and well-resourced organization. The CMPA’s primary function is the protection of its members’ professional integrity. There are currently 86,000 doctors who are members of the CMPA, and it has financial assets of over $2.5 Billion. If a lawsuit is commenced against one of its members, the CMPA pays for the doctor’s defence costs (i.e. lawyer’s fees, expert’s fees and other expenses) as well as any settlement or judgment that results from a lawsuit.

In order to succeed with a medical malpractice lawsuit, it is critical that you retain lawyers experienced with medical malpractice lawsuits who have the resources and expertise necessary to prove your case. Starting a lawsuit with the hope that the physician will simply settle the claim to make it go away is foolhardy.

Myth #2 – Doctors all stick together. There is some truth to this. Many physicians are simply not prepared to testify against other physicians, especially within certain specialties or within certain communities.

This challenge can be overcome, however, by retaining experienced medical malpractice lawyers who are well respected in the field and have access to credible and objective experts who are prepared to testify against other doctors. Such experts are absolutely essential in order to be successful in a medical malpractice case. This is one of the most valuable resources an experienced medical malpractice lawyer can provide.

Myth #3 – Damages for pain and suffering are in the millions. This is a misconception that arises primarily from cases south of the border. In Canada, the compensation available to an injured plaintiff for pain and suffering, often referred to as “loss of enjoyment of life”, has been significantly limited by the Supreme Court of Canada. In 1978, the Supreme Court of Canada considered this issue in a series of cases, often referred to as the “trilogy”, and held that the maximum amount of money an injured plaintiff could receive for “pain and suffering” was $100,000. That amount has gradually increased over time to keep up with inflation, and is currently at approximately $350,000.

It is important to understand that this limit does not apply to other categories of damages, such as loss of income earning capacity and cost of care. These categories are not limited, and in the cases we prosecute, frequently result in awards in the millions.

Myth #4 – I have nothing to lose by starting a lawsuit. This is simply not true. The CMPA’s primary function is the protection of its members’ professional integrity. It vigorously defends all lawsuits brought against its members.

What this means is that the CMPA will not settle any lawsuit unless the plaintiff can prove (usually through expert evidence) that the doctor was negligent, and that it was the doctor’s negligence that caused the plaintiff’s injuries. This can be a difficult test to meet. The result is that over 60% of all lawsuits brought against doctors across the country (excluding Ontario and Quebec) are unsuccessful. Of those lawsuits that go to trial, 86% are unsuccessful. This has significant financial implications for plaintiffs.

If you start a lawsuit and lose following trial, you will be responsible for both the expenses your lawyer has incurred in prosecuting the case, depending on the terms of your retainer agreement with your lawyer, as well as the defendant physician’s costs and disbursements. This could amount to a significant sum of money.

In order to manage this risk, it is critical that before starting a lawsuit against a doctor, and again at key phases of the lawsuit, you and your lawyer carefully consider the strength of the case in relation to these financial risks.

Myth #5 – I am entitled to substantial compensation if a family member dies as a result of medical malpractice. Unfortunately, the legislation which deals with wrongful death in British Columbia, namely the Family Compensation Act, is outdated, inadequate and in desperate need of reform. I have responded to countless calls from grieving individuals who believe their spouse, parent or child died as a consequence of medical malpractice. Unless the deceased family member provided significant financial support or household/childcare services to the family, the individual is unlikely to receive sufficient compensation to make the costs and risk of a medical malpractice case worthwhile.

Filed Under: Health News, Medical Malpractice Tagged With: CMPA, Lawsuit, Medical Malpractice, Medical Malpractice Lawsuit, Medical Malpractice Lawyers, Pain and Suffering

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