There’s crucial monitoring equipment, of course. Further, the electronic health record (EHR) systems are necessary to keep patient data current and to allow staff to access this data as needed to treat patients. Hospital systems also house confidential patient information subject to Health Insurance Portability and Accountability Act (HIPAA) regulations. 

Unfortunately, that means hospitals sometimes pay up to six-figure ransoms to keep everything running – even though that’s not recommended. Unfortunately, sometimes they don’t even report the attack to authorities.

The problem of ransomware attacks on hospitals has gotten so bad that the Centers for Medicare & Medicaid Services (CMS) has announced a plan to include a facility’s “cyber hygiene” as a factor in determining whether it gets funding. That plan is scheduled to go into place later this year. This will likely include things like having digital security tools such as multi-factor authentication. One Biden administration official said it’s “homing in on those key cybersecurity practices that we really do believe bring a meaningful impact.”

When Can a Hospital Be Held Liable for Patient Harm During a Ransomware Attack?

There’s no way to know how many patients have been harmed or have died because of ransomware attacks – in part because the attacks aren’t always reported. Whether a hospital can be held liable for this harm can depend on a number of factors. For example:

• Did it neglect to put protections in place that would have prevented the attack?
• Did it have back-up systems in place to protect patients during the attack?
• Did staff notify patients and families of the issue and what was being done?
• Did it notify the appropriate authorities and agencies so that ambulances could be rerouted?

Sometimes, a ransomware attack occurs despite a hospital’s best efforts to prevent it, and it has a plan in place to help minimize the effect on patient safety. However, if that’s not the case and a patient suffers harm or worse, it’s worthwhile to find out whether a malpractice claim is possible.

Some of the birth injuries that can result from negligence by medical workers subject babies and their family to life-long physical, emotional and financial challenges. For example, the following are four severe birth injuries that can occur due to medical negligence.

Brain Damage

Mishandling of the birthing process, improper use of birthing tools such as forceps or vacuum extractors, delayed cesarean section when necessary or failure to monitor fetal distress adequately can lead to brain damage in newborns. Oxygen deprivation during labor and delivery, known as birth asphyxia, is a common cause of brain damage due to medical negligence. This can result in conditions such as cerebral palsy, developmental delays, cognitive impairments and seizures, profoundly affecting the child’s quality of life and requiring extensive medical care and support.

Spinal Cord Injuries

Newborns are delicate and any mishandling during the birthing process can result in severe spinal cord injuries. Improper positioning of the baby, excessive force during delivery or failure to address complications promptly can lead to damage to the spinal cord, causing conditions such as paralysis or impaired motor function. Spinal cord injuries can have lifelong consequences, affecting the child’s ability to move, control bodily functions and participate in daily activities independently.

Skull Fractures

If medical workers are not careful during delivery, they may mishandle the baby’s head, leading to skull fractures. Improper use of forceps or excessive traction during delivery can cause fractures to the delicate bones of the skull. Skull fractures can result in severe pain, swelling and, in some cases, intracranial bleeding or brain injury. These injuries can have long-term consequences, including developmental delays, cognitive impairments and neurological deficits, impacting the child’s overall health and well-being.

If you believe that your child has suffered a severe birth injury due to medical negligence, it’s crucial to seek legal guidance promptly. Legal counsel can help you understand your rights and options for seeking compensation to cover the extensive medical expenses, ongoing care and other damages resulting from the negligence.

Is this failure considered medical malpractice? When a doctor agrees to treat you when you request their services, a legal duty of care is created. This means they need to provide you with reasonable care, including noticing if you need the services of a specialist and referring you to them. A failure to do so could lead to grounds upon which to file a medical malpractice claim if other legal elements are met in re: your situation.

Did the Doctor Breach Their Duty of Care?

By not referring you to a specialist or doing so on time, your doctor may have breached their duty of care. If another physician with the same competence as your doctor would have made a referral in a similar situation, that failure may constitute professional negligence.

Did the Failure to Refer Harm You?

For a failure to refer to be considered medical malpractice, you will need to prove that the breach of duty of care in question caused you harm. Failure to refer can lead to several issues, including worsening a condition. For example, if a doctor notices a tissue mass that resembles a tumor, but fails to refer you to an oncologist for further tests, you may be diagnosed with cancer at an advanced stage, harm that could have been avoided or minimized by a timely referral.

If you can prove the above-discussed elements, you may be in a strong position to hold your physician accountable for medical malpractice. Seeking legal guidance is a good way to learn more.

A patient who is still suffering from an injury or illness after seeking help from a medical professional may be a victim of a “missed diagnosis” or “misdiagnosis.” These two are very similar, but they happen in different ways. Here’s what you should know:

A Medical Professional Failed to Make a Diagnosis

Many people, especially women, suffer from missed diagnoses. A missed diagnosis happens when a doctor doesn’t do any kind of medical evaluation. This is often done with the doctor saying something like “It’s all in your head.” This can happen because a doctor was negligent or because they didn’t believe a patient. As a result, the patient may continue to suffer from injuries or illnesses.

A Medical Professional Confused a Medical Diagnosis

Medical professionals conduct so many different examinations because many illnesses have similar symptoms. For example, multiple sclerosis has many symptoms that could be confused for migraines or fibromyalgia. If a patient is diagnosed with the wrong illness, they may be given the wrong treatment. As a result, the untreated illness could get worse and the wrong treatment may cause other illnesses. 

Knowing whether a patient suffered a missed diagnosis or misdiagnosis can be hard, but it can help when seeking compensation for medical malpractice. Victims of medical malpractice may need to reach out for legal help to understand what they can do next. 

What is the law’s history, and what does its repeal mean for medical malpractice lawsuits?

Holding Big Pharma Responsible

Until December 7, 2023, pharmaceutical companies enjoyed immunity from product liability lawsuits under the 1995 Product Liability Act. This meant that drug makers and sellers were shielded from being held accountable for defective or unreasonably dangerous drugs.

The law intended to make Michigan more appealing to the biomedical and pharmaceutical industries. Instead, Michigan was the only state that gave these companies almost total immunity from lawsuits filed by Michigan’s citizens.

Furthermore, this drug immunity law has prevented the residents of Michigan from joining large class action lawsuits.

Both the Senate and House voted to repeal the law in a bipartisan vote. Not only will this allow individuals to move forward in suing drug companies for the death or injuries to a loved one, but it is also retroactive. Anyone harmed by drugs since 1996 can sue a pharmaceutical company for damages.

Repealing Michigan’s drug immunity law could have significant implications for medical malpractice lawsuits in the state. The state can expect an increase as more people can now seek compensation for any harm caused by prescription medications.

It can also change how doctors prescribe medications. If they know that the drug manufacturer can be held liable for harm caused by their products, they might be more cautious about prescribing certain medications, especially if they may be named as part of a larger medical malpractice suit against pharmaceutical companies.

Not everyone is on board with the repeal. Several people feel that it will cause an excessive number of medical malpractice lawsuits that will overburden the legal system. The actual impact remains to be seen. Consider learning more if you have suffered harm due to prescribed drugs.

Everyone makes mistakes. However, if a surgical error is attributable to the hospital or professional negligence, you may be eligible for damages through a medical malpractice claim.

Understanding Surgical Injuries

Basically, surgical injuries arise from actions that could have otherwise been prevented were the surgeon, the support staff or the hospital to follow the laid down procedures before, during or after the operation. Surgical injuries can result from any of the following actions:

• When the surgeon performs the wrong or unnecessary procedure on the patient
• When a surgical instrument is retained in the patient
• When the patient develops post-operation infections due to improper handling
• When there is an error in anesthesia administration (too much or too little anesthesia)

One or more of these actions can result in complications or even the patient’s death.

So, How Do These Injuries Happen?

Like in any civil claim, everything boils down to the concept of negligence. In other words, you have to show that the healthcare professional who attended to you failed in their duty of care resulting in your injuries. Subject to the circumstances of your injury, here are some of the arguments you can raise:

Incompetence – if the surgeon or the support staff lacked adequate training to perform the procedure and/or provide proper pre and post-operation care.

Fatigue – If the surgeon operated on you while fatigued resulting in injuries.

Just like everyone else, surgeons aren’t perfect. If, however, their negligence results in injuries to you or someone you love, you may hold them or the hospital liable.

What does this mean for Michigan’s residents?

Why Is There a Nursing Shortage?

Currently, there are approximately 8,500 job openings for nurses in Michigan. Furthermore, if the state mandates a staffing ratio, there will be a need for an additional 13,000 nurses for healthcare organizations to comply. However, there are several reasons why this is near impossible, including:

• An aging workforce is nearing retirement without enough new nurses entering the field to replace them.
• The Baby Boomer generation is getting older and requiring more medical care. This is leading to an increased need for healthcare services and putting an additional strain on an already overburdened system.
• Younger nurses are leaving the profession earlier than planned due to burnout caused by high patient loads and long hours.
• Lack of facilities and faculty to educate those looking to enter the profession.

Without proper staffing, healthcare organizations leave themselves vulnerable to malpractice lawsuits arising from professional negligence and substandard treatment, leading to patient injury.

Certain elements need to be proven for a successful medical malpractice suit in Michigan:

1. There must have been a duty of care between the patient and the healthcare provider;
2. The healthcare provider caused a breach of duty by failing to meet a standard of care that another healthcare professional would have provided in the same medical community under the same circumstances;
3. The patient suffered actual harm or injury;
4. The breach of duty was the direct cause of the injury.

Suppose you have been injured due to staffing shortages. In that case, it’s important to note that Michigan has additional requirements, including providing the healthcare professional a Notice of Intent to File Suit and an Affidavit of Merit from another provider. Therefore, it’s imperative you contact someone who can review your case and guide you through the process.

Aneurysms happen when an artery in the brain weakens, causing it to bulge and potentially rupture. It could cause internal bleeding in the brain and lead to a stroke. An aneurysm is a severe health problem that requires urgent care. Unfortunately, doctors might misdiagnose it due to its symptoms.

A patient suffering from an aneurysm could exhibit various symptoms, including headaches, unusual pain behind the eyes, vomiting, nausea, vision issues, light sensitivity, paralysis, stiffness and coordination problems. These warning signs usually appear with other mild illnesses, resulting in misdiagnosis or delayed treatment.

Additionally, doctors could only detect aneurysms using the correct scans. They might only consider the possibility of an aneurysm after checking through a CT, MRI or CTA scan. Sadly, doctors might fail to request these scans, leaving the aneurysm undetected.

Aneurysms Are Treatable

Doctors have multiple ways to treat an aneurysm based on its severity. They could resort to open surgery or endovascular therapy. If the case is mild, they could observe, take measures to reduce risks, and wait for it to resolve. Still, doctors might only do so if they have a proper diagnosis.

Misdiagnosis could happen for various reasons. However, some health care providers could make negligent decisions, causing their patient’s condition to decline. If this happens, the patient could take legal action to hold the provider accountable for their medical malpractice.

Common Examples

There are several situations where medical malpractice can occur. When a healthcare professional does not correctly diagnose a condition or delays a diagnosis, it can cause the patient’s condition to worsen or lead to unnecessary treatment.

If a healthcare professional makes a mistake during surgery, like operating on the wrong body part, performs the wrong procedure or leaves a surgical instrument inside a patient, that is also an example of medical malpractice.

Unfortunately, patients can also be harmed when too much or too little anesthesia is administered to them or they are not properly monitored during surgery.

Healthcare professionals are also required to obtain informed consent from the patient, which includes an explanation of the potential risks, benefits and alternatives to treatment. If the patient is harmed because they were not given an opportunity to provide informed consent, they may have a claim for medical malpractice.

Elements of the Claim

The patient must prove several elements for a medical malpractice claim. The patient must show that there was a relationship with the healthcare professional, meaning they had a duty of care to the patient.

The patient must show that the healthcare professional breached their duty of care by deviating from the accepted standard of care and that the breach of duty was the direct cause of the patient’s injury or harm. Finally, the patient must show that they suffered actual harm or injury because of the healthcare provider’s negligence.

A Botched Surgery Example

One example of a surgical error is a botched rotator cuff surgery. A rotator cuff injury can cause pain, stiffness and reduced range of motion in the shoulder. Surgery may be recommended to repair the torn or damaged tissue. However, rotator cuff surgery is not without risks and complications.

A fictional Livonia, Michigan, resident experienced some of these complications after his rotator cuff surgery. He suffered from extreme pain and limited mobility. He sought a second opinion and found out that his surgery was performed poorly and caused tissue and nerve damage. He faced mounting medical expenses and a long recovery process.

Medical Malpractice

Medical malpractice occurs when a health care provider deviates from the accepted standard of care in their field and causes injury or death to a patient. In Michigan, a patient who has been harmed by a surgical error or any other form of medical negligence has the right to file a lawsuit against the responsible party. Indeed, this fictional resident would likely have a medical malpractice case.

Filing the Case

However, filing a medical malpractice lawsuit in Michigan is not easy. There are several requirements and deadlines that must be met to have a valid claim. Some of these include obtaining an affidavit of merit from a qualified expert who can testify that the surgeon breached the standard of care and caused harm to the patient.

You must serve a notice of intent to sue the surgeon and their employer at least 182 days before filing the lawsuit. The statute of limitations is 2 years from the date of the injury or 6 months after discovering the injury, whichever is later. At trial, you must prove by a preponderance of evidence that the surgeon’s negligence was the proximate cause of the patient’s damages.

Misdiagnoses, which can include mistakes, oversights and significant delays, each year leave 100,000 patients across the country either dead or suffering from a permanent disability.

It seems that doctors have a harder time diagnosing some conditions over others.

Just three types of conditions, cancer, infection and paralysis related to loss of blood to the spinal cord, account for three out of four of the misdiagnoses that lead to serious injuries. Among these conditions, cancer accounts for the highest frequency of diagnostic errors.

Why Do Misdiagnoses Happen?

The numbers suggest that 85% of all misdiagnoses are due to errors in judgment. In other words, the doctor had the information they needed to diagnose a condition correctly and to start treatment.

Instead, they made the wrong call, missed a critical detail or just waited too long to start often-critical treatment.

The authors at Johns Hopkins suggested that doctors need additional tools to help them diagnose conditions correctly, especially when time is of the essence.

The authors suggested that the medical industry should perhaps rely on computer aids to help doctors think through their diagnoses. They also recommended better teamwork between doctors, patients, staff and proper specialists.

The authors also thought more practice cases and feedback to doctors would help the problem.

Doctors Whose Misdiagnoses Cost Michigan Patients Should Pay Compensation

No matter the reason, if a Michigan doctor misdiagnoses a patient, they may be legally responsible to pay compensation. They may have to pay additional medical bills and lost wages as well as other non-economic damages.

A person in the Detroit area who believes that their doctor misdiagnosed them, or their loved one, should make sure they understand their legal options.

Past Research

Miscommunication is the leading cause of error in surgery. Other studies were performed but were limited to inner professional team members like surgeons and nurses.

New Study

This study comprised the first research to concern surgeons only and was published in the Journal of Surgical Education.  Previously, no one studied the language that two surgeons use when they communicate with each other, especially at the semantics level.

It revealed almost 4,000 potentially unclear phases in six video recorded teaching surgeries at a Pennsylvania university medical center. This equaled almost 12 ambiguous phases for each minute of surgery.  Although there were almost 131 close calls, none of the phrases led to medical error.

In one example, a resident performing surgery was cutting too close to the patient’s bladder. The attending surgeon saw this said and the cutting was awfully close to the bladder. Instead, the surgeon should have said that the surgeon should stop because the scissors are pointed towards the bladder and that continuing would cut into the bladder.

Standardized Language

Researchers in this study made recommendations that could reduce surgical errors and medical malpractice. First, more standardized language should be used in operating rooms. Placement of colored signs on the walls, for example, could say move a little blue instead of move a little left because this instruction depends on the surgeon’s point of view.

One of the researchers was influenced by the airline industry which implemented standardized language to reduce miscommunications. This occurred after the crash of Indonesia AirAsia Flight 8301. This accident was partially blamed on the co-pilot misinterpreting what the pilot meant when he said pull down.

Attending surgeons and residents will separately watch recordings involving unclear language in future research. Their interpretations will be compared.

Attorneys can assist patients and their families when surgeons did meet the appropriate standard of care. They can help gather evidence and pursue compensation in a lawsuit.

Unfortunately, They May Not Be Safe

Nursing home abuse, neglect and medical malpractice are disturbingly common. This means that even those perfect nursing homes may still have problematic employees. And, as the wave of resignations continues, finding qualified and dedicated nursing home employees, including medical staff, has become a challenge. Some nursing homes are, therefore, keeping employees whom they otherwise may have let go. This, in turn, can increase the risk of your loved ones experiencing abuse, neglect or medical malpractice.

But I Can Always Sue, Right?

Yes. In the United States, anyone can sue anyone for anything. Though, the issue with nursing home litigation is that holding them accountable can be exceedingly complicated, depending on the nature of the nursing.

What Makes Suing Nursing Homes so Complicated?

Three things make suing nursing homes complicated: complicated corporate structure, insufficient commercial liability insurance and bankruptcy. Nursing homes, especially large multistate nursing homes, may have five or more entities in the ownership and operational structure, which can make finding the liable party complicated. Even determining who to serve can take time because of large corporate trees.

Especially for smaller and underfunded nursing homes, their commercial liability insurance may not be sufficient. However, even larger nursing homes may not have enough insurance if there is a particularly prolific negligent employee.

And, if there is not enough insurance, unfortunately, that means that the nursing home will likely file for bankruptcy. This, in turn, will mean that the assets available to litigants can be dramatically reduced. In some cases, less than 1%.

Help Is Available

For our Livonia, Michigan, readers, there are two key takeaways. First, do more research up front to look for potential red flags, but also inquire as to insurance level and corporate structure. However, you may not be able to get this information without an attorney. Second, it is better to be the first to file against the nursing home than the last. This is acutely true if the nursing home files for bankruptcy.

Factors in a Medical Malpractice Lawsuit

If you want to succeed in your medical malpractice lawsuit, you must satisfy certain elements. First, you must be able to show your doctor failed to meet their standard of care towards patients. Second, you must be able to show that you were injured because of your doctor’s negligence. Third, you must be able to show that your injuries resulted in considerable damages, such as suffering, constant pain or lost income.

Types of Medical Errors

You can suffer from medical errors in a number of ways. You could be misdiagnosed, or your doctor could overlook the proper diagnosis. You may have unnecessary surgery or the wrong surgical procedure. Your doctor could leave instruments in your body after surgery or may operate on the wrong part of your body.

You may be discharged too early from the hospital. Your doctor could fail to order the right tests or follow up on test results. Your doctor could prescribe the wrong medication or the wrong dosage of medication. You could acquire a serious infection in the hospital. You could develop bedsores in the hospital. There are other serious incidents that could also lead to a medical malpractice claim.

Learn More About Medical Malpractice

If you suspect you were harmed due to a doctor’s errors, you may feel discouraged. You may also be suffering from unmanageable medical bills, lost wages from being unable to work and other expenses. If so, you will want to learn more about medical malpractice lawsuits, to determine if filing one is right for you.

Surgeons are tasked with some of the more life-threatening work in the world. Unfortunately, not all surgeons perform their work with the diligence that is required to keep patients safe. Some common surgical errors include:

• Unnecessary surgeries
• Leaving surgical instruments and supplies inside the patient
• Anesthesia mistakes
• Cutting an organ or another part of the body by mistake
• Infections
• Operating on wrong part of the body
• Operating on the wrong patient
• Failing to address surgical complications
• Performing the wrong surgery on the patient

These mistakes can seriously injure or even kill a patient. If a patient believes they have been the victim of a surgical error, they may want to speak with a legal professional who is skilled in medical malpractice. An attorney can review medical records and consult with medical experts to help their client understand what happened.

There are many reasons why surgical errors happen including fatigue, lack of training, communication errors, drugs or alcohol use, insufficient staffing, etc. An attorney can get to the bottom of the incident and make sure their client receives the compensation they deserve. Compensation that can help with medical expenses, lost wages, pain and suffering, and other damages. It is important to hold these medical professionals accountable for their mistakes so that they don’t harm anyone else.

How Common Is Burnout?

Burnout in the medical profession may be more common than you think. One study conducted in 2018 found that 42% of all physicians reported feeling burned out, and that number increased to 44% in 2019. There are several contributing factors to this burnout, including long hours, a lack of work-life balance, and an increase in the use of electronic medical records.

What Are the Effects of Doctor Burnout?

The implications for feelings of burnout are tremendous, too. According to one study, the risk of patients falling victim to adverse medical events doubles when a doctor is burned out. This means that an individual could be seriously injured by a surgical error, a misdiagnosis, a missed diagnosis, or a medication mistake. Any one of these medical errors can leave a patient with lifelong harm that reshapes the way that they live their life. In the worst instances, patients are killed by medical negligence, leaving their families struggling to find a way to pick up the pieces of their life and make ends meet.

How You Can Find Accountability for Medical Mistakes

Although feelings of burnout are common and even expected in some circumstances, doctors and nurses can’t let their feelings negatively impact the way that they treat their patients. When they do and harm is caused, then a medical malpractice lawsuit is justified. To succeed on one of these claims, a victim has to be able gather relevant evidence that speaks to the applicable elements of the law and craft compelling legal arguments. Only then can accountability be found and compensation recovered.

It can be a challenging process, but you can confidently navigate it. If you could benefit from assistance in doing so, then please consider reaching out to a legal professional you trust.

Past Research

Miscommunication is the leading cause of error in surgery. Other studies were performed but were limited to inner professional team members like surgeons and nurses.

New Study

This study comprised the first research to concern surgeons only and was published in the Journal of Surgical Education.  Previously, no one studied the language that two surgeons use when they communicate with each other, especially at the semantics level.

It revealed almost 4,000 potentially unclear phases in six video recorded teaching surgeries at a Pennsylvania university medical center. This equaled almost 12 ambiguous phases for each minute of surgery.  Although there were almost 131 close calls, none of the phrases led to medical error.

In one example, a resident performing surgery was cutting too close to the patient’s bladder. The attending surgeon saw this said and the cutting was awfully close to the bladder. Instead, the surgeon should have said that the surgeon should stop because the scissors are pointed towards the bladder and that continuing would cut into the bladder.

Standardized Language

Researchers in this study made recommendations that could reduce surgical errors and medical malpractice. First, more standardized language should be used in operating rooms. Placement of colored signs on the walls, for example, could say move a little blue instead of move a little left because this instruction depends on the surgeon’s point of view.

One of the researchers was influenced by the airline industry which implemented standardized language to reduce miscommunications. This occurred after the crash of Indonesia AirAsia Flight 8301. This accident was partially blamed on the co-pilot misinterpreting what the pilot meant when he said pull down.

Attending surgeons and residents will separately watch recordings involving unclear language in future research. Their interpretations will be compared.

Attorneys can assist patients and their families when surgeons did meet the appropriate standard of care. They can help gather evidence and pursue compensation in a lawsuit.

A recent publication for medical professionals attempts to define what medical errors are, and how care providers can stop them.

The report divides medical errors into two main categories. Errors of omission come about when a care provider neglects to perform a routine task. Researchers suggested one simple example would be failure to strap a patient to a gurney. Errors of commission involve a care provider taking the wrong action. One listed example is a care provider giving a patient the wrong medication, or a doctor performing surgery on the wrong side of a patient’s body.

According to the researchers behind the report, care providers may fail to report an error out of fear of punishment. Unfortunately, failure to report errors can sometimes mean hospitals and other institutions don’t correct problems that can lead to similar errors, and, worst of all, sometimes patients don’t get the care they need when they have been injured through an error. The goal of the report is to raise professional standards to a point where these errors are rare.

Medical Malpractice Law

The concept of professional standards is crucial to medical malpractice law. When a patient has been injured due to a medical error, the patient must show that the error came about because the care they received fell below professional standards.

Patients can’t ask for a guarantee that any medical treatment will work, but they can and do depend upon their care providers to give them medical care that is up to professional standards. If an error — whether it’s one of omission or one of commission — falls below professional standards and the patient is injured as a result, then the care provider can be found liable for the resulting damages.

It is no easy task to determine what professional standards are, and to show that care fell below standard in any given case. Medical malpractice law is very complex and winning these cases is difficult. The injured and their families should speak to an experienced attorney about their options.