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Tag Archives: delayed diagnosis

Medical malpractice involving medical devices and artificial intelligence

New York – The expanding world of medical devices or machines that use artificial intelligence introduces a new kind of risk of medical malpractice injury for unsuspecting patients. Modern medicine has spent many decades creating and perfecting the use of these devices, such as robotics, computer software and hardware. The hope was to eliminate human doctor error, hospital negligence or fatigue that plagues doctors, nurses and other medical professionals. However, research has shown that these devices and programs are far from foolproof and can actually cause medical mistakes, surgical error or injury and even wrongful death. Sometimes a false sense of security can be instilled in healthcare practitioners who overly rely on the new technology, leading to a delayed treatment due to a delayed diagnosis or even outright missed diagnosis.

Top New York medical malpractice lawyers have researched these issues and have fought hard for these injured patients. They explain that it is important to fully investigate who is responsible for the medical mistake or if any negligence was involved. It is usually necessary to look into the underlying development of the technology in question to determine if it was developed and manufactured according to accepted standards. In addition, there is still an element of human error or neglect if there was subsequent improper maintenance or lack of proper training. You can review more about these types of medical errors here.

Image for illustrative purposes only. Photo Credit: Bonnie Jeffs [License]

Medical malpractice more likely if the doctor is fatigued

Research has now documented something that many have long suspected about medical errors by doctors. The recently presented paper shows that a physician that is burnt out or fatigued is more likely to have reported a serious medical mistake. Experts say that this makes sense in light of what we know about fatigue in healthcare providers, including doctors, nurses, paramedics and technicians. Significant fatigue and burnout can obviously lead to a tired healthcare worker that slow the thinking process. However, the fatigue and burnout can also create irritability and dulled clinical senses, leading to poor concentration and critical decision making. All of these can easily lead to various medical malpractice issues, such as a surgical mistake, wrong medication prescriptions or dosing, and even missed or delayed diagnosis. Patient safety advocates have long demanded that medical professionals maintain proper safety precautions, including ensuring proper sleep habits, maintaining safety protocols and monitoring for and dealing with risk factors for medical errors. Stories of surgical error or other malpractice issues are always a cause to take note and make serious changes to prevent recurrence. It is crucial to speak to an injury lawyer that specializes in medical malpractice lawsuits if you or someone you know suffered from an error due to the actions or inactions of a healthcare professional. This study further describes the association between medical mistakes and doctor fatigue or burnout.

Photo for illustrative purposes only. Photo Credit: Army Medicine [License]

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]

Woman dies of lung cancer after missed diagnosis

New York — A woman from Brooklyn, NY died from complications of lung cancer after doctors at the hospital delayed diagnosis of her deadly condition. Family of the victim say that the hospital’s misdiagnosis was due to not following up on a suspicious finding in an x-ray several years earlier. A small nodule or mass was spotted on a chest x-ray but her doctors failed to properly evaluate this, delaying her cancer diagnosis for over two years. Reports show that the doctors working in the New York City owned hospital were negligent by not fully reading and acting on the x-ray report from the radiologist, which pointed out the suspicious spot and recommended specific follow-up instructions. The missed diagnosis of her lung cancer allowed the disease to continue growing until it metastasized, spreading to her other lung, liver, spine and brain. The original hospital error was compounded when subsequent clinic doctors kept treating the woman’s cough and difficulty breathing as asthma. Those doctors never ordered another chest x-ray or properly reviewed the original one.

Experts have predicted that the woman’s cancer could have been treated properly and her life could have been saved had the doctors not committed medical malpractice several times over those two years. Patient activists say that doctor mistakes like this often occur when protocols and conditions created by the hospital or office don’t meet basic standards for patient safety. They warn that doctors and nurses as well as hospital administrators need to take a close look at the day-to-day running of their facilities in order to ensure the constant rush of patients doesn’t allow for overlooking things. Some note that doctors are quick to order tests but sometimes don’t leave enough time to look at the test results. A medical malpractice lawyer in New York says that when a doctor doesn’t order the proper diagnostic tests and when he or she doesn’t follow up on the tests that were ordered, both situations constitute medical malpractice. Find out more about this medical error case and the consequences here.

Read about another case of failure to diagnose, where top medical malpractice attorneys helped the injured party receive rightful compensation in the amount of $3,425,000.

Photo by Nevit Dilmen (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons