Kentucky Injury Law News

Using symptoms checkers for diagnoses

October 14, 2016 | by Garmer & Prather, PLLC

Kentucky residents who feel like they are coming down with an illness are increasingly using on-line symptoms checkers so that they can get an idea of what is wrong with them. There are a variety of reasons for this, including saving money on doctor’s visits and being able to do it with a few mouse clicks. Another reason may be that some patients have read that health care practitioners often misdiagnose a disease.

According to a report published in October in JAMA Internal Medicine, doctors misdiagnose illnesses 15 percent of the time. In order to check the performance of actual practitioners against the online versions, researchers in Massachusetts conducted a series of tests. Comparing 234 physicians against 23 online checkers, the researchers used 45 patient cases. The cases included patient histories and symptoms but did not include test results or exams, and they ranged from relatively benign to very serious.

The researchers submitted them to symptom checkers and subsequently to physicians. The results showed that the physicians were far more accurate, coming up with the correct diagnosis as their top choice more than twice as often as the online checkers. The doctors were also far more prone to list the correct diagnosis as one of their first three selections.

What is the protocol if someone suspects nursing home abuse?

October 4, 2016 | by Garmer & Prather, PLLC

There are many great nursing homes in Kentucky and throughout the country. However, sometimes a nursing home resident may experience neglect, exploitation or abuse by an employee or another resident. Here is advice for anyone who believes that a nursing home resident is being abused and would like to know how to report it.

If a person suspects there is abuse happening in a nursing home, he or she should call Kentucky’s Adult Protective Services agency to report the abuse. However, if the nature of the abuse is such that the victim’s life is in danger, it is recommended that the person contact local law enforcement officials or call 911 for immediate assistance.

The APS telephone number for reporting non-emergency nursing home abuse is 1-800-677-1116. Reporting can also be done through the agency’s website via www.eldercare.gov/Eldercare.NET/Public/Index.aspx or by contacting a local long-term care ombudsman.

Study finds patient ID mix-ups are a big problem

September 29, 2016 | by Garmer & Prather, PLLC

A patient ID mix-up is one of the worst medical mistakes that can happen at a Kentucky hospital. Depending on when it takes place and how much time passes before it is corrected, the consequences of this kind of mistake can be fatal. To make matters worse, one patient ID mix-up frequently affects another patient as well.

The ECRI Institute has conducted a study examining the problem of patient ID mix-ups. The ECRI’s Patient Safety Organization conducted a review of 7,613 wrong-patient events and found that ID mix-ups are a significant problem in health care. The reports of adverse events were submitted voluntarily by 181 health care organizations from January 2013 to July 2015.

Researchers found that patient ID mix-ups can be made at any point in a patient’s healthcare journey, and any member of a patient’s hospital team can make the mistake. Doctors, nurses, pharmacists or lab technicians could misread a patient’s ID, leading to a wrong or missed procedure, medication or test. A patient could even be misidentified during hospital registration, and the patient’s ID could have an error at the beginning of treatment. Standardized identification protocols may be used to reduce the number of patient ID mix-ups in hospitals.

Cerebral palsy and its risk factors

September 21, 2016 | by Garmer & Prather, PLLC

Many Kentucky residents may believe that cerebral palsy is a condition that is caused by oxygen deprivation at the time a child is born. However, science is showing that this may be a less common cause of the condition. CP can occur prior to or after birth, and oxygen deprivation is only one of the potential risk factors.

When CP is caused prior to or during birth, it is considered congenital, which is the case in up to 90 percent of occurrences. A case occurring after birth is referred to as acquired CP. Congenital CP is typically attributed to issues such as premature birth or low birth weight. In some situations, these issues can be associated with multiple births or fertility treatments. Infections occurring during pregnancy or at the time of birth can also result in CP. A mother’s medical condition could contribute to the condition. CP as a birth injury can occur because of difficulties such as uterine rupture, which may interfere with the supply of oxygen for an infant. Post-birth cases of CP can be related to infections or injuries.

Some CP cases may be inevitable because of genetic issues, but others might be prevented through the health measures taken by a mother and her healthcare providers. However, a mother dealing with concerns about questionable actions taken by health care personnel during the labor and delivery process might want to consider having someone examine her medical records from a legal standpoint to determine whether any of those actions could have caused the CP.

Can I sue a hospital for negligence?

September 13, 2016 | by Garmer & Prather, PLLC

If you have been hurt or lost a loved one after receiving treatment in a hospital, you could have grounds to pursue a medical malpractice claim. However, this is much easier said than done as you will need to prove that the negligence caused or contributed to your injuries and identify the negligent party.

Oftentimes, people assume that it is only a specific doctor or nurse who will be held accountable. However, hospitals can also be named in medical negligence claims, but there are some important things you should understand if you want to sue a hospital.

Hospitals have more resources than individual doctors do. This means that they can and often do go to great lengths to defend themselves against malpractice claims; they can also seek settlements for a fraction of what a court might award a victim. On the other hand, in the event that a court rules against a hospital, the chances of receiving all or more of a settlement is higher than if it were just an individual party.
Hospitals aren’t always responsible for doctor or nurse negligence. If a doctor made a mistake or infection-causing contamination resulted from a careless staff member, a hospital could be held responsible for that individual’s actions thanks to vicarious liability laws. However, if the negligent party is not an employee of the hospital, these liability laws would not apply and the hospital may not be responsible.
It may not always be clear if a hospital was negligent. Bad things can happen in hospitals, from criminal activity to sickness and loss. However, these events may not stem from negligence; they could happen in spite of the best efforts of hospital administration and employees.

These are just a few of the many things to keep in mind if you are considering filing a medical malpractice claim against any party, including a hospital. There are many other factors you will need to take into account that will depend on the specifics of your situation, so it is critical to consult an attorney with any questions you may have regarding the filing of a medical malpractice claim.

Doctors urged to use more caution with opioid prescriptions

September 12, 2016 | by Garmer & Prather, PLLC

When we visit our doctor, the hope is that we will leave feeling as good or better than we did when we entered the office. Oftentimes, this means leaving with a prescription for medication.

However, before we receive a prescription from our doctor, it is crucial that he or she understands our condition and how or if certain powerful drugs will help or hurt us. For instance, in recent years, there has been a growing dependence on opioid medication and anti-anxiety medication, which has led to devastating deaths and addiction rates. In light of this, federal health officials are urging doctors to be more cautious and reserved in their prescription of these powerful drugs.

The concern with these drugs is that they are very addictive and when used together, they can have fatal consequences because of their combined effect on a person’s central nervous system. Numerous stories of fatal overdoses and “slow suicides” are examined in this report in The Washington Post.

Signs of nursing home neglect, abuse of which you should be aware

September 9, 2016 | by Garmer & Prather, PLLC

If your loved one is in the care of a nursing home facility, you might find yourself torn between feeling relieved and being concerned. After all, a nursing home can be the best place for someone who needs constant care and medical monitoring, but it can be a challenge to trust and rely on others to care for someone you love in a kind, respectable manner.

If you are in this position, the best thing you can do for your loved one is to continue to check in on them and make sure their needs are being met. One way to do this is to be aware of and keep an eye out for signs of neglect or abuse.

Some signs that your loved one is being mistreated in a nursing home facility include: