Retained surgical instruments refer to metal implements, sponges and other items that may be left behind in the human body after surgery. These events are entirely preventable, yet the number of occurrences continues to grow in the United States. Items left behind after surgery can cause devastating consequences for the patient, including disability and death. The cost to hospitals and medical facilities can be destructive as well, in terms of both money and reputation.

Recent Increases in “Never Events”

Retained surgical items are often referred to as “never events,” based on the belief that these events are so preventable that they should never happen. Hospitals and medical facilities are understandably tight-lipped about these incidents; however two studies have provided clues that estimate surgeons leave items behind inside patients’ bodies in one out of every 6,975 surgeries performed in the United States*. Approximately two-thirds of these items are some form of surgical sponge. Other items that have been reported left behind include clamps, forceps, scopes, tubes and even safety pins. The most common reasons cited are exhaustion, poor tracking and inventory of surgical items, the chaotic nature of surgical procedures and unexpected complications.

The Devastating Effects of a Simple Surgical Sponge

During surgery, doctors and nurses commonly use gauze, towels and sponges, as well as metal surgical implements. The soft items are the most likely to be left behind and the most difficult to diagnose once the patient begins to experience negative reactions. Due to their soft nature, they don’t show up well on X-rays, and patients don’t experience a specific set of symptoms that might alert their doctor to the problem. Their effects can be disastrous, however, including infection, internal bleeding, organ perforation and even death.

Preventing Retained Surgical Items

Hospitals have implemented a variety of protocols to ensure that all equipment is accounted for before the patient’s surgical site is closed. Some are tracking equipment using scannable bar codes, but many still rely on the manual counting of items before and after the procedure. Because human error remains a factor, this problem requires ongoing evaluation and improvement.

Surgeons argue that they must focus on the patient’s well-being rather than procedure, and repeated counting of instruments requires keeping the patient under anesthesia longer, also posing an increased risk. If complications arise during surgery, the surgical team must scramble to react to the situation. These conditions create a perfect environment in which mistakes can be made.

The professional attorneys of Rasmussen and Miner specialize in helping Utah residents who have been the victims of medical malpractice. Contact them today if you or a loved one has suffered ill effects or complications from retained surgical instruments.

Outpatient surgery, also known as ambulatory surgery, has become a way of life in the United States. Insurance companies and doctors alike may direct patients to outpatient facilities, often for reasons that consider finances above patient safety. Experts warn that these facilities may not be equipped to handle complications that can arise, and as a result, injury or even death may be the unfortunate outcome. Read on for more information regarding potential risks in outpatient surgical procedures.

What Constitutes Outpatient Surgery?

Ambulatory surgical facilities have several characteristics in common. They are typically freestanding facilities owned by doctors or medical groups, rather than hospitals. Some offer a limited scope of treatment types (such as endoscopy services) while others offer a range of surgical services. Although they have the appearance of a standard hospital facility, they lack emergency and critical care personnel and equipment. Patients are given a brief recovery period after their procedure, then sent home. Procedures are performed at a high volume in most ambulatory facilities. Experts estimate that approximately 23 million outpatient surgeries are performed each year in the United States. That’s nearly 60 percent of all surgeries, and that number is increasing.

The Rise of Ambulatory Surgical Procedures in the United States

As medial insurance companies continue to scale back on what they will cover, patients are forced to undergo surgical procedures on an outpatient basis (or pay for a hospital stay out of pocket). The insurance companies assert that this is made possible by technological advances; however, many physicians disagree with that position. Ambulatory procedures also involve a conflict of interest between a doctor’s profits and patient safety. If your doctor has a financial stake in an outpatient surgical center, he or she may send you there for a procedure rather than to a hospital. Unfortunately, disclosure of this conflict of interest is not typically required.

The Inherent Risks Outpatient Surgery

This issue received very little attention until the recent death of comedienne Joan Rivers as a result of an outpatient procedure gone wrong. Patient-safety advocates warn that older patients, the obese and those with pre-existing medical conditions have a greater risk of complications that outpatient facilities are not equipped to handle. If something goes wrong, precious time is lost in transporting the patient to an emergency facility. In addition, surgical recovery involves several inherent risks, including blood clots, which can potentially lead to death. In addition, the Centers for Disease Control reports that ambulatory facilities are doing a poor job of preventing secondary infections. In a study, two-thirds of the facilities inspected had lapses in infection control protocols.

If you or a loved one has suffered complications from a recent procedure, contact the professional attorneys of Rasmussen and Miner. They will schedule a private consultation for you to discuss any potential liability or malpractice with regard to your outpatient surgery.

Hospital ratings have become a hotly debated topic recently. A variety of governmental and private resources publish comprehensive ratings for hospitals and medical facilities across the country, and research shows that these ratings correlate significantly with potential patient outcomes regarding surgical complications and risks.

Unfortunately, the health care system may dictate where insured patients can seek covered services. Before you need a hospital, whether for an emergency or a scheduled procedure, do your research to find those facilities that have the best safety records.

American Hospital Quality Study Results

Healthgrades, a well-regarded physician and medical facility evaluation resource, recently published its annual “American Hospital Quality Outcomes” report. In an executive report, Healthgrades said that a significant variation in outcomes exists between hospitals, even after considering patient demographics and the potential for complications.

The outcome of this research was disturbing in many ways, as significant quality differences emerged within cities and geographic regions. Healthgrades, for example, ranks each hospital based on multiple criteria such as the number of deaths following post-surgical complications, or deaths during procedures with normally low mortality rates.

The Influence of Doctors and Insurers on Hospital Choice

Most insurance networks have service provider agreements in place with specific facilities and doctors. Likewise, most physicians and surgeons only have “privileges” at certain hospitals. The insurance plan you select (or that your employer provides) will ultimately dictate where you are able to seek care that will be covered by your plan and provider.

Not surprisingly, proximity also figures highly into hospital choice. Patients tend to default automatically to the closest hospital to their home, even for non-emergency procedures. Physicians often locate their offices in relative proximity to their hospital of choice as well. Ultimately, none of these elements should be the deciding factor in your selection.

Making Informed Decisions in Selecting a Hospital

It can be extremely difficult for patients to know how to select a hospital or medical facility. If an emergency arises, you may have little time to decide where you or your loved one should seek care. Hospital data regarding patient safety, complications and mortality rates are widely available online from a variety of resources, including Medicare.gov and the U.S. Department of Health and Human Services, as well as Healthgrades and other private data collection sources.

It is important for consumers to realize that not all medical facilities are created equal. The most effective way to protect your health is to do your research before you need a hospital.

If you are a Utah resident who suffered an unexpected complication related to a hospital procedure or stay, you may be the victim of medical malpractice. Contact Rasmussen and Miner today to discuss your case. Research shows that hospital ratings do matter for patient safety.

Any form of heart surgery carries the risk of serious complications or even death. Balloon angioplasty is no exception. However, when error or negligence come into play during this critical surgery, as part of treatment or during aftercare it can have devastating consequence. Let’s take a closer look at this important procedure and what can constitute medical malpractice.

Balloon Angioplasty: What Is It?

Balloon angioplasty is a procedure used to open blocked arteries. When arteries get clogged due to fat and cholesterol intake or genetic reasons, there’s an immediate need to open them to prevent the risk of a stroke or a heart attack. In the late 1970s, a new procedure which didn’t involve open-heart surgery was pioneered which was non-invasive and useful for patients suffering from blocked arteries. This treatment was known as balloon angioplasty and was considered the optimal treatment for many diseases such as coronary artery disease, angina and acute myocardial infarctions.

It works on the basis of a balloon-like catheter being inserted into one of the main arteries: either the radial or the femoral artery. From here, the catheter is pushed to the section of the artery where there is blockage. Once it reaches the blockage point, it threads through slowly, thus opening the blockage carefully. However, before the angioplasty is done, the doctor should do a cardiac catheterization which involves inserting some contrast dye to check the level of artery blockage. When the blockage is quite severe, doctors also fix a wire stent through the balloon catheter so that the artery stays open.

Risks Involved With Balloon Angioplasty

There are quite a few risks which need to be taken into account by your doctor if you’re undergoing balloon angioplasty. Some of the major risks involve blood clots forming at the blockage site, extensive bleeding, artery damage, recurring stenosis, renal failure and even arrhythmias. To reduce these risks, your doctor needs to perform all the necessary diagnostic tests and the procedure itself with proper care and attention.

Medical Malpractice Caused By Negligence

Many doctors in this field perform balloon angioplasties regularly, which is one of the main reasons why the standard of care may fall. Routine procedures may make healthcare professionals relaxed about a procedure and lax about the standard of care, which is often when mistakes are made.

Some of the major issues where medical malpractice may occur in balloon angioplasty encompass errors made during the procedure, poor monitoring of the patient’s condition before and after the procedure and error in giving anesthesia. Some doctors also fail to treat conditions that may arise as a complication of the procedure, thus putting themselves at fault for the risk to the patient.

Have you or a loved one experienced complications due to balloon angioplasty that you believe may have been medical malpractice? Contact Rasmussen and Miner today to arrange for a personalized consultation with an experienced malpractice attorney.

If a medical provider has failed to make an accurate ovarian cancer diagnosis in your case, then it may be time to speak with a malpractice attorney. Ovarian cancer is a serious cancer which often goes undiagnosed as symptoms may not appear until late in the disease’s evolution. Yet this silent cancer spreads easily and can have a high fatality rate if not diagnosed early. It can also be treated successfully if caught early enough. Here’s a closer look at what patients and their families need to know about ovarian cancer medical malpractice.

What is Ovarian Cancer?

Ovarian cancer is a type of cancer that only impacts women, and affects the reproductive organs – specifically the ovaries. There are three different types of ovarian cancer: Germ, Epithilial and Stromal. However, of these, epithelial ovarian tumors are the most common and are found in 85%-90% of all patients having ovarian cancer. Medical professionals that suspect ovarian cancer need to perform different tests to determine if you’re positive for ovarian cancer. These tests include a CA 125 blood test, an ultrasound and a pelvic exam. If these are not conclusive and yet your doctor thinks something is wrong, they should perform an exploratory surgery to confirm presence or absence of the disease.

Who is At Risk for Ovarian Cancer?

There are a number of risk factors that need to be considered for ovarian cancer. The presence of these factors should indicate that any patient presenting with symptoms be evaluated for ovarian cancer immediately:

• Gender
• Age
• Family history of ovarian or breast cancer
• Previous occurrence of such cancers in the patient
• Gynecological history, including reproductive behaviors and the use of hormones or androgen drugs
• Obesity

Symptoms of Ovarian Cancer

Often, the symptoms of ovarian cancer don’t present until late in the disease’s progression. Symptoms include:

• Bowel and stomach trouble
• Menstruation changes
• Fatigue
• Abdominal pain and swelling
• Weight loss
• Painful intercourse
• Back pain

Complications of Ovarian Cancer

When a medical institute fails to diagnose ovarian cancer, life-threatening complications may arise which lead to the removal of not only the ovaries but sometimes also the organs around them including parts of the intestines. This reduces the quality of life and longevity of any patient subject to such negligence. Delayed diagnosis also has a direct implication on the potential effectiveness of any treatment, including drugs, chemotherapy, radiation, and surgery.

Have you or a loved one experienced complications of ovarian cancer related to delayed diagnosis or medical malpractice? Contact the experienced attorneys at Rasmussen and Miner today to arrange for a personalized consultation.

Medical Malpractice for Burn Treatment

According to national statistics, there are more than two million victims of burn injuries in this country each year. Approximately 40 percent of these victims suffer significant or permanent disabilities because of the burn injury. Medical treatment is often extensive and painful. Not only do burn victims suffer through excruciating pain, but there is also often the psychological and emotional pain victims struggle through. Tragically, there are burn victims who not only have to deal with their injuries, but also become victim to medical professionals who – through negligence – fail to provide the quality of care and treatment required, resulting in even more extensive injury. If you or a loved one has been a victim of medical malpractice for burn treatment in Utah, contact Rasmussen & Miner for help.

Types of Burns

While most people think of fire as the cause of burn injuries, there are actually several different types of burns a victim can suffer:

• Chemical burns: Acids, detergents, and other solvents can result in chemical burns.
• Cold burns: These types of burns are also referred to as frostbite and are caused by exposure to extreme cold.
• Electrical burns: Whenever a person comes into contact with an electric current, they face a high risk of suffering an electrical burn.
• Friction burn: When a hard object rubs against the victim’s skin, causing abrasion and burn. These are common in victims of motorcycle and bicycle accidents.
• Radiation burns: One of the most common causes of radiation burn is the sun, however, victims can suffer radiation burns from radiation therapy and diagnostic machinery such as X-rays machine.
• Thermal burns: Thermal burns occur when a hot object causes the temperature of the victim’s skin to rise so high that skin cells die off. Thermal burns can be caused by flames, hot metals, scalding liquids, and steam.

There are four classifications of burns, depending on the amount of damage to the victim’s skin:

• First-degree burn: This degree of burn only affects the outer layer of the victim’s skin, which is often red and painful. Long-term damage is very rare.
• Second-degree burn: In this degree of burn, both the outer layer of the victim’s skin and the layer underneath, referred to as the dermis, has damage. The skin will be swollen and very red and often looks wet and shiny. The skin develops blisters and the burn area itself will be painful if touched.
• Third-degree burns: This degree of burn destroys the first two layers of skin. Skin looks brown, black, white, or yellow. If the area is touched, the victim does not feel pain because the nerve endings have been damaged.
• Fourth-degree burn: These burns destroys all layers of the skin and often reaches the victim’s muscles, tendons, and bones. Fourth-degree burns can be fatal.

In addition to the burn itself, the victim is often at high risk of infection and issues with joints and bones. This is why it is critical to obtain the right medical attention in order to prevent any life-threatening complications. If medical professionals improperly treat the victim’s burn injuries, this can be legally deemed medical malpractice for burn treatment.

When it comes to burn treatment, there are many variations and risks of treatment that need to be understood by healthcare providers. Mistakes can lead to serious consequences and even death. As a burn patient, the last thing you need when it comes to burn treatment is to receive a level of care that is substandard, increasing your pain and reducing your quality of life. Let’s take a look at the different types of burns and treatments, and how neglect or medical malpractice may occur.

Causes and Treatment of Burns

Burns can be very serious, especially when they are caused by a house fire, a kitchen accident, a car accident, or a chemical. To treat such burns, it is essential that a patient receives the right ‘burn therapy,’ which both eases the pain and simultaneously reduces the damage caused to the skin and internal organs by the burns. There are many different types of treatments for burns. Basically, all burns are unique in that no two people ever get burns exactly in the same manner. Due to this, the treatment for burns is highly specialized, and each treatment plan must be customized after a close examination of both the cause and impact of the burns.

Some procedures used to reduce the effect of burns include dermabrasion and skin grafting, both of which are specialized procedures that should only be undertaken by doctors with proper skills and extensive training in burn care.

Lack of Proper Treatment for Burns

When treatments such as dermabrasion and skin grafting are carried out on a patient, they have to be done properly, using the right tools, techniques, and resources. If the standard of care falls at this time, the patient may experience serious consequences. If anything goes wrong, be it with the anesthesia, the procedure, or the equipment at the time of the procedure, the healthcare providers, as well as the institute where the treatment is being done, are liable. Burn patients run the risk of infection, increased levels of pain, reduced mobility, and other challenges that can have a permanent effect on their quality of life.

Have you or a loved one experienced medical malpractice for burn treatment that you believe may be due to negligence or medical malpractice? Contact Rasmussen and Miner today to arrange for a personalized consultation and to discuss what legal options may be open to you.

Birth related medical malpractice is devastating for the family that’s eagerly awaiting the arrival of their newest member. Erb’s Palsy that occurs during birth is a condition that often happens due to the negligence of the nurses and doctors attending to the birth and the mother. Erb’s Palsy is a disorder of the arm and is caused when damage occurs to nerves in the shoulder. This damage leads to loss of function in the adjoining arm: technically, complete or partial paralysis. Here is a closer look at what parents need to know if their baby suffers from Erb’s Palsy due to medical malpractice.

Understanding Erb’s Palsy

Erb’s Palsy renders a person’s arm useless due to the damage of the brachial plexus, which is the term that refers to the nerves that connect the baby’s shoulder to the spine. In almost all occurrences of birth related Erb’s Palsy, the cause is generally due to the fact that the baby is too large to be delivered normally. Because the attending OB-GYN did not suggest a caesarian section to deliver the baby safely, the mother and child’s health have been effected. In other instances, there are outside factors may have played a role, such a baby that has been pulled from the birth canal.

While Erb’s Palsy mostly occurs at birth, there are some factors that can also lead to it in later life. Some of the causes of Erb’s Palsy during childhood or adulthood include a gunshot to the shoulder, a car accident, a fall directly on the shoulder or even a violent pull or jerk to the arm. But when raising a child with Erb’s policy, parents are facing the reality of needing ongoing medical care and the assistance to help support a child who is partially paralyzed and must learn to adapt without the function of an art.

Consulting an Experienced Malpractice Attorney

If your child is affected by Erb’s Palsy at childbirth, there is normally a statute of limitations that impacts your ability to file a claim. Contacting an experienced birth related medical malpractice attorney is the first step. Working with knowledgeable OB-GYN experts, the attorney will evaluate your case and determine if you may be eligible for compensation.

If you’re a Utah resident whose child suffers from Erb’s Palsy, contact Rasmussen and Miner today to arrange for a personalized consultation and learn more about whether you may have a viable claim.

When you’re hiring a medical malpractice attorney, it’s important to be attuned to red flags. One of the most important allies in your fight to win a malpractice judgment is an experienced, ethical, and understanding attorney. Judges and juries today are harder than ever to convince. A malpractice lawyer should be rigorous in his or her efforts to determine the merit of your case, involve experts, and build the strongest argument possible. Here are a few red flags to look for when you’re working to find the Utah malpractice attorney that’s right for your case.
 
Limited exposure in the field

The nuances of medical malpractice law are significant. An attorney should have a specialization and a track record in the field before you entrust your case to them. Look for an attorney that is established and has a history of winning malpractice cases. If at all possible, look for examples where they handled cases that were similar in nature to yours. Past settlements will help give you the confidence that they can win your case. An attorney with little or no medical malpractice experience is rarely the right choice to handle your claim.

No experience in the courtroom

Medical malpractice cases often settle out of court. But it’s possible that the insurance company or the doctor will choose to go to trial. If that happens, it’s essential that you choose an attorney with successful courtroom experience litigating these types of cases. A lawyer who is comfortable in the courtroom will also be willing to fight for the best settlement for you, even if that means taking the case to court.

Not asking tough questions

During your initial meeting, forming a rapport with your attorney is important. You want to hire someone that is personable, competent, and easy to work with. At the same time, you want to ensure that they’re protecting your interests in the best way possible. Are they asking hard, detailed questions about what happened? Probing facts as to what happened, what individual healthcare professionals did or didn’t do, and how it’s really affected your life? While you shouldn’t feel interrogated, it’s important that you walk out of your initial meeting understanding how the attorney gathers information, structures a case, and plans to learn more about whether your situation is viable.

They’re not involving experts

In order to determine if a case has merit, a malpractice attorney should be getting copies of all your medical records and consulting with highly qualified experts. For example, if you’re considering filing suit on a case based on a birth injury, an attorney should be discussing your case with a consulting OBGYN and potentially pediatricians as well. Ask for a detailed consultation plan and how the attorney will build an argument around that.

Are you a Utah resident that is contemplating filing a medical malpractice claim? Contact Rasmussen and Miner today to arrange for a personalized, confidential consultation.

Medical malpractice compounds already difficult health circumstances. Struggling with an autoimmune condition such as Hashimoto’s disease is a challenging situation. When your healthcare provider fails to properly diagnose the disease or you experience a delayed diagnosis, it can have devastating consequences on your mental, emotional, and physical health. Issues range from a lack of proper treatment to serious, life-threatening complications. Here is a closer look at what patients needed to know about Hashimoto’s disease and medical malpractice.

What is Hashimoto’s Hypothyroiditis?

Your thyroid is a butterfly shaped gland in the front of your throat that secretes hormones which regulate your metabolism, body temperature, growth patterns, and more. Hashimoto’s, which is sometimes referred to as Hashimoto’s hypothyroiditis, is an autoimmune disease that affects the thyroid. A patient that is affected with this condition has an immune system that produces antibodies against the thyroid’s peroxidase enzyme. When these immune cells attack the thyroid, it causes damage to the organ. Over time, enough damage occurs that thyroid hormones are no longer normally produced. Because they plan an essential role in regulating the metabolism, a number of symptoms can occur.

What are the Symptoms?

Hashimoto’s is typically associated with hypothyroidism. Hypothyroidism indicates that too little hormone is being produced. As a result, the metabolism slows and the body begins to react to stimuli in a sluggish fashion. Specific symptoms of Hashimoto’s involve an inability to tolerate the cold, digestive changes such as constipation, joint problems like aches and pains, lower body temperatures, difficulty concentrating, a slow heart rate, and emotional changes including depression.

Some people experience weight gain, a goiter, dry skin and hair, fatigue, high cholesterol, and swelling in the extremities. A clinician seeing these signs should test for Hashimoto’s. If left untreated, there are numerous potential complications of Hashimoto’s disease ranging from heart failure and cardiomyopathy to coma and even death.

Identifying Hashimoto’s Disease

Patients who present the symptoms above should receive testing for numerous autoimmune disorders, including Hashimoto’s. However, clinicians should recognize a number of specific risk factors that can increase the likelihood that symptoms are being caused by Hashimoto’s:

• Gender: Females are as much as five times likelier to be affected;
• Genetics: There’s a genetic component to the disease, and a family history of Hashimoto’s indicates a higher likelihood that a patient may be affected;
• Autoimmune clusters: Autoimmune diseases may occur in groups. An individual with another autoimmune disease, such as celiac disease or multiple sclerosis, should be tested for Hashimoto’s.

Have you or a loved one been affected by a Hashimoto’s disease misdiagnosis or delayed diagnosis? If so, you may be eligible for damages. Contact Rasmussen and Miner today to arrange for a confidential consultation and to discuss your case.

Chemotherapy related malpractice is a tragic circumstance that can slow down the treatment of cancer or have lasting consequences on patient outcomes. Chemotherapy prescriptions are commonly given to cancer patients in an attempt to halt the growth of cancer, prevent it from spreading, and ultimately drive it into remission. But whether chemotherapy is the right solution for you depends on a number of factors such as what type of cancer you have, the stage, whether it has metastasized, and your overall health situation.

There are many options available for treating cancer, from surgery to radiation. Each patient reacts differently and it’s important that healthcare providers be mindful when selecting chemotherapy – and if so, which form – is the right solution for a specific patient’s situation. Once chemotherapy has been prescribed, it’s important that it be administered and monitored throughout the treatment process.

The Basics of Chemotherapy

Chemotherapy may be the sole treatment that’s given to cancer patients, or it can be prescribed in combination with other treatments such as medication, radiation, and complementary therapies. It’s sometimes given as a shot, an IV, a pill, or even in cream form. The frequency varies, and ranges from daily to monthly depending on what type of cancer is being treated.

Understanding Chemotherapy’s Side Effects

There are many common side effects that patients experience as a result of chemotherapy. The range of side effects include symptoms such as changes in appetite, weight loss, constipation and diarrhea, fatigue, loss of hair, pain and swelling. It can also lead to serious conditions including infections, anemia, or chronic pain.

Chemotherapy Administration Errors

If errors are made during the administration of chemotherapy, patients who are already struggling with side effects can experience further complications. Errors can be made by any healthcare provider, including doctors, nurses, and medical assistants working to administer drugs. Errors can be caused when medications are mislabeled or in the incorrect packaging. Problems may arise with dosages, medication mix ups, or a failure to monitor and follow up with patients as needed.

Complications Associated with Chemotherapy

When complications arise from chemotherapy, it’s critical that they be identified and remedied as quickly as possible. Chemotherapy is a powerful drug, and can have deadly unintended consequences when errors occur. Malpractice related to chemotherapy is entirely preventable, with clear communication, following protocols, and proper oversight eliminating these issues. Cancer patients deserve the opportunity to receive potentially lifesaving medications without having to deal with further complications.

Have you or a loved one experienced a chemotherapy error? If so, contact Rasmussen and Miner today to arrange for a confidential consultation with an experienced malpractice attorney. Our attorneys will review your case and determine if your chemotherapy related malpractice case may serve as the foundation for a lawsuit.