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Tag Archives: hospital mistake

Crucial New York State medical malpractice lawsuit bill up for Senate vote

New York – State senators in Albany have long been debating the passing of an important law to support and protect victims of medical malpractice. The bill corrects a true injustice by extending the statute of limitations for when a lawsuit can be filed by a victim after a medical error or misdiagnosis has transpired. Current law starts the clock at the moment the medical mistake occurred while the new bill would start counting from the moment that the victim discovered the error. A hospital mistake or doctor’s error can sometimes be quite obvious at the moment but that is often not the case. A medical malpractice lawyer in Manhattan, NY explains that many patients are unaware of the mistake until a good deal of time has passed – sometimes even several years. This may be due to the victim’s lack of expertise in the area, the slow progression of the effects of the error, and even possible cover-ups by the offending doctor or hospital. Legislators in New York are now again debating the passing of this bill into law. Proponents note that it is necessary to allow the medical malpractice victim and family to discover the missed diagnosis or mistake and still be allowed to sue for damages as well as pain and suffering. They also note that the patient should be allowed to concentrate on seeking proper medical help as soon as possible and not worry about finding the best malpractice attorney at that moment. The bill has been nicknamed Lavern’s Law in memory of a woman who was the victim of a delayed diagnosis that led to her death. Her family has been fighting hard to pass this into law in order to protect future victims and their families. They hope that the new law will stop protecting bad doctors and hospitals and instead force them to slow down and be more precise in their work, creating better healthcare for everyone. Read more about this bill and its effects on victims of medical malpractice here.

Photo for illustrative purposes only. Photo Credit: Herry Lawford [License]

Hospital error kills patient after giving her wrong blood transfusion

New York — A Brooklyn, NY hospital reported that a patient died after a hospital mistake led to the patient receiving the wrong blood type. They believe an error in blood typing in the hospital’s laboratory led to the deadly mistake. It was unclear as to why the mistake occurred but some patient safety advocates believe it may have been preventable. They say that human error is often responsible for medical mistakes. A top medical malpractice lawyer in New York City explained that sometimes errors like this occur when a nurse, doctor or phlebotomist don’t properly label blood sample tube at the bedside, as is protocol. Other times the slip up can occur in the lab when the technician improperly handles the blood sample. Investigators in the field note that it will be necessary to determine if the lab technician was fully trained to conduct the testing and to see if all of the medical equipment being used was inspected, calibrated correctly and in full working condition. They also say that this type of critical testing should be double-checked for accuracy due to the significant nature of such a transfusion error and the possibility of a mix up. Pending further investigation into this suspected medical malpractice episode, the hospital has been directed to send all blood transfusion testing and work to outside lab facilities. The hospital is currently sending the blood testing to another hospital in Brooklyn. Doctors explain that when a patient receives the wrong blood type, the body sees the blood transfusion as an invader and therefore reacts to the dangerous situation quickly. This leaves nurses and doctors precious little time to recognize the mistake and try life saving intervention. According to activists, it will also be necessary to determine if the hospital staff missed the diagnosis when the patient’s condition started to deteriorate, compounding the medical error. See this article for more information about the fatal blood transfusion mistake at the hospital.

Photo by U.S. Navy photo [Public domain], via Wikimedia Commons