Patient abandonment is a situation that occurs when a doctor or healthcare professional stops treating a patient – or denies them treatment – without providing sufficient notice or recommending a reasonable alternative source of care. As a result of patient abandonment, the affected person is basically denied necessary medical care and may suffer injury or worse. Abandonment is a type of negligence which may be intentional or inadvertent. If you or a loved one has experienced this situation and medical harm occurred as a result of a doctor’s decision not to treat you, it may be the basis for a medical malpractice lawsuit.

Implied Responsibility and Medical Treatment

While patients and doctors do not sign legal contracts, there’s an implied responsibility between doctors and patients. Once a medical professional consents to accept a patient into their care and provide treatment for a specific condition, they have an ethical – and legal – responsibility toward that patient. Of course, the medical professional may end the relationship at any time. However, if he or she chooses to do so, it’s his or her responsibility to make sure that patient abandonment doesn’t occur.

Typically, three steps are taken. One is to provide an adequate amount of time for a patient to find a new medical provider. A second is to provide resources, such as the names of other doctors accepting patients, who can provide comparable care. Finally, the third is to make sure that patients aren’t harmed or endangered from the termination – including during the transition to another medical provider.

Why Patient Abandonment Occurs

Doctors can choose which patients they work with, according to their ability to adequately treat the patient’s condition. However, it’s unethical and illegal for a medical professional to end a treatment relationship for reasons such as discrimination based on factors like sexual orientation, gender, age, race, disability, and so forth.

Some acceptable reasons for medical professionals terminating the doctor – patient relationship might include:

• Inadequate skills, equipment, or resources needed to treat a patient’s conditions
• Patients violate a physician’s written policies or cancel multiple appointments
• Failure to comply with treatment plan
• Inappropriate behavior on the part of the patient, like verbally abusing the physician or staff

How Treatments Should Be Handled

When a doctor is terminating treatment – whether it’s as a result of patient behavior or they’re even simply moving offices – it’s important that the following steps are taken:

• Notifying patients in written form as early as possible;
• Providing an explanation of why treatment is being terminated;
• Allowing care coverage for the period it may take to secure treatment from another doctor;
• Agreeing to share patient records with a new provider if the patient provides authorization;
• Recommending resources or doctors to help locate other treatment options.

When Malpractice Occurs

If you believe you’ve suffered patient abandonment and it constituted medical malpractice, typically there are three factors which are examined. The first is that you suffered injury as a result of the abandonment. The second is that the abandonment occurred in such a way that you didn’t have the time or support needed to find replacement care. The third is that the abandonment may have taken place at a critical juncture of treatment, when you were still actively in need of medical care.

Contact Rasmussen and Miner today to arrange for a confidential consultation to discuss your situation and learn more about whether you may have the basis of a patient abandonment medical malpractice case.

Misdiagnosed or delayed diagnosis of liver cancer can have serious or even fatal consequences for patients. Your liver is an important organ that supports digestion and helps the body process toxins and proteins. If the liver is damaged or has diminished function, there are limited treatment options available. The timely diagnosis and treatment of liver cancer is essential to ensuring both survival and quality of life.

Liver cancer statistics and misdiagnosis

According to the American Cancer Society, more than 35,000 Americans will be diagnosed with liver cancer this year and more than 700,000 people worldwide. When liver cancer is the disease that a patient is facing, immediate diagnosis and providing treatment can be the key factor in survival. Liver is a cancer that’s known to spread or metastasize quickly. Metastasizes make the condition increasingly difficult to treat and to cure.

Yet patients with liver cancer are often diagnosed with a range of other issues. In some cases, it’s mistaken for other conditions of the liver such as cirrhosis, fatty liver, abscesses, Mosse syndrome, and alveolar hydatiddisease. Still in other cases, it’s mistaken for issues that affect the gallbladder, pancreas, or abdomen. Misdiagnoses can lead to lost time in treating the actual problem.

Understanding and treating liver cancer

Hepatocellular carcinoma (HCC) is the most common form of liver cancer, which typically originates as a complication of either hepatitis or cirrhosis. Cholangiocarcinoma originates as a cancer of the bile ducts and spreads within the liver. These are the two most common forms of liver cancer. If cancer is found inside the liver, it may be a metastases from another location in the body. This is typically called secondary liver cancer and may originate from the lungs, breasts, GI tract, or other regions of the body. There are also several types of rare cancer that can affect the liver, and be even more difficult to diagnose.

Symptoms of liver cancer

Unfortunately, the general symptoms of liver cancer are easy to mistake for a wide range of other conditions. Common symptoms include pain or masses in the abdomen, back pain, weight loss, fever, jaundice, vomiting, or itching. If these symptoms present, it’s important that clinicians use prudent judgment and administer the right tests early on to make an accurate diagnosis.

Diagnosis and Treatment of liver cancer

Blood tests and imaging are both used to diagnose liver cancer. Blood tests measure proteins and enzymes of normal liver functioning, such as bilirubin levels. In addition, imaging may be done of the liver and abdomen via ultrasound, CT Scan, or MRI. Liver biopsies and endoscopes may also be used to better understand what’s happening. There are a number of options for treatment, including surgery, radiation, chemotherapy, immunotherapy, and even liver transplant. Based on information gathered during the diagnostics, a doctor will be able to recommend a course of treatment.

However, if you or a loved one experienced a delayed diagnosis or misdiagnosis for liver cancer that impacted treatment or patient outcomes, you may have the basis for a medical malpractice lawsuit. Contact Rasmussen & Miner today to discuss your situation, learn more about liver cancer medical malpractice, and arrange for a personalized consultation.

Medical malpractice occurs when acute appendicitis is misdiagnosed. Appendicitis is a disease of the appendix, a structure on the lower right side of the abdomen. The organ becomes inflamed. When appendicitis develops, it’s a medical emergency and requires immediate medical care. Generally, this involves the surgical removal of the appendix, which serves no known purpose within the body. If prompt medical care isn’t received, permanent damage or even death can occur. Here’s what patients need to know about this condition and what to do if they believe misdiagnosis contributed to their health outcomes.

Misdiagnosing Appendicitis

One of the reasons that appendicitis malpractice cases happen is that it can be a difficult condition to diagnose. The symptoms often mirror other issues and can be tied to preexisting medical conditions. A full medical history can reveal potential connections that could cause appendicitis. A number of tests are helpful in the diagnosis process, such as imaging (CT scans, ultrasound, X-rays) as well as blood and urine diagnostics. Multiple tests can help reinforce the information that is found and confirm the diagnosis.

Clinicians may misdiagnose appendicitis as a range of conditions that affect the abdomen, such as UTIs, gastroenterology issues, pancreatitis, pneumonia or respiratory problems, ovarian cysts, serious menstrual issues such as strong cramps or endometriosis, ectopic pregnancy, or major digestive ailments. The symptoms of appendicitis include:

• Abdominal pain or swelling, especially in the lower right quadrant of the body and/or around the belly button
• Diminished appetite
• Bowel irregularities, such as constipation or diarrhea
• Fever
• Swelling of the abdomen
• Unable to pass gas, and/or the constant feeling of needing to use the bathroom

Identifying appendicitis risk

Different populations may be at increased risk for misdiagnosis. One group is young children, who may experience difficulty explaining their symptoms to the doctor or their caretakers. Women of childbearing age are also at risk; as many as 33% are initially diagnosed as struggling with reproductive issues. Finally, the elderly may be misdiagnosed as dealing with digestive problems. When other conditions are assumed, it can lead to failure to run the right tests and a delayed diagnosis. It the most serious cases, the results can be life threatening.

Appendicitis Prognosis

When a patient is diagnosed with appendicitis, immediate care is required. Most frequently, this occurs in the form of an appendectomy to remove the appendix. If adequate care isn’t received, then it’s possible for the appendix to burst. If this occurs, patients can go into shock and die. These tragic outcomes can be avoided when clinicians correctly identify the problem and run the right tests to be confirmed. The risk factors and symptoms of appendicitis are well-known and it’s easy to diagnose and treat the problem when the right steps are taken.

Have you or a loved one been the victim of misdiagnosed acute appendicitis or delayed diagnosis that impacted the patient outcome? Contact Rasmussen and Miner today to discuss your situation and determine if you may have the foundation of a medical malpractice case.

Understanding what defines a medical malpractice case and the criteria that legal teams use to evaluate each case can be helpful if you think you’ve been the victim of medical malpractice. According to the Journal of the American Medical Association, negligence is the third cause of death in the United States today. Just two years ago in 2012, more than $3 billion in medical malpractice payouts were made. But how do you know if you’ve been the victim of medical malpractice, as defined by the courts, vs. simply having experienced a less than perfect patient outcome?

What is malpractice?

Medical malpractice can be defined as occurring when a doctor, nurse, or other healthcare provider deviates from the “standard of care.” The standard of care is what’s medically accepted as best treatment for specific symptoms and conditions and coincides with the decision that a well-informed, judicious practitioner would make when faced with the facts of the case.

If injury or damage occurs as a result of these deviations in care, the patient has a potential medical malpractice claim. While a bad patient outcome doesn’t always mean negligence, it’s taken into account. In some cases, a medical professional may even admit to a patient that an error was made in the hopes of encouraging them to settle outside of court.

How does an attorney evaluate a medical malpractice case?
 
Malpractice cases have a reputation for being difficult and expensive to litigate. These are not wholly unearned. The courts and juries need strong evidence before successful judgments are made. That’s why the evaluation of cases is so important; an attorney experience in medical malpractice cases including trial representation must determine if a case has merit before embarking on the path to trial. It’s also important for patients, who want the best chance for a good outcome.

During this phase, attorneys will secure copies of medical records and review all facts of the case. They’ll conduct interviews the patient, family, friends, and other sources. They’ll also bring in outside expert consultants in that medical field to review the case and other pertinent information. Other factors such as statute of limitations and procedural processes may impact the case. If patients believe that they’ve been the victim of medical malpractice, it’s important to contact an experienced attorney as soon as possible.

Have you or a loved one experienced medical malpractice through negligence, error or delayed or misdiagnosis of a serious illness? Contact Rasmussen and Miner today to discuss your situation with Utah’s most trusted medical malpractice attorneys.

Usually learning of a pregnancy is a time filled with joy and anticipation. But in the case of an ectopic pregnancy, it’s both difficult and filled with serious potential health consequences for the mother. During this type of pregnancy a fertilized egg is implanted outside the uterus, often in the Fallopian tube and occasionally in the abdomen or ovary. Ectopic situations usually end in miscarriage, as it’s not possible for the fetus to thrive outside the uterus. Ectopic pregnancies can have serious lasting health consequences for mothers, including being fatal if left untreated.

What are the signs of an ectopic pregnancy?

There may be a number of signs and symptoms of an ectopic pregnancy, including:

• Pain in the abdomen, or related regional pain in the lower back, ribs, or pelvis
• Cramping and tenderness, whether static, with movement, or to the touch
• Difficulty and pain during urination and bowel movements
• Abnormal vaginal bleeding

Increased risk of ectopic pregnancy

While any woman is at risk for this condition, there are a number of factors that can increase the risk that clinicians should look for including, but not limited to:

• A history of ectopic pregnancies or pregnancy despite having “tubes tied”
• Existing diagnoses including pelvic inflammatory disease, STDs, or endometriosis
• Patient history of Fallopian tube operations
• Reproductive health factors including Intrauterine device (IUD) usage and the use of fertility drugs and treatments

Types of Ectopic Pregnancy

There are different types of pregnancies that need to be screened for when an ectopic situation is suspected. Tubal pregnancy – in the Fallopian tube – accounts for 98% of cases. Non tubal ectopic pregnancy may occur in the cervix, ovary, or abdomen. With heterotopic pregnancies, two eggs are fertilized. One implants normally in the uterus, and the other is an ectopic fetus.

Clinical Handling of Diagnosis and Treatment

A woman who has a positive pregnancy test and symptoms of bleeding or abdominal pain should be examined for the possibility of an ectopic pregnancy. Examinations include: a pelvic exam, blood tests, and ultrasounds. If treatment is not provided, serious damage can occur. Treatment is dictated by the stage of pregnancy and the severity. Early on, methotrexate is a drug which can be administered to stop pregnancy since the embryo will not remain viable. In other cases, surgery to remove the embryo may be required.

Serious complications can occur if treatment isn’t given. Ectopic situations are often misdiagnosed as appendicitis, gastrointestinal issues, or urinary tract infections. If misdiagnosed or undetected, the Fallopian tube may rupture which can cause severe internal damage and have lasting impact on a woman’s reproductive capabilities. If this situation isn’t treated, the end result can be shock or even death.

If you or a loved one has experienced medical malpractice through misdiagnosis, delayed diagnosis, or negligence, contact us today. Rasmussen & Miner’s experienced malpractice attorneys will discuss your ectopic pregnancy case and determine if you have an actionable claim.

Soon-to-be parents are already anxious, as they happily anticipate the arrival of their child. But serious conditions like preeclampsia can be dangerous for both mother and child if not identified and treated as soon as possible. Preeclampsia (sometimes called toxemia) is the clinical term for describing high blood pressure during pregnancy or in the first six weeks following delivery. Often, patients also show increased proteins in their urine. The condition requires immediate treatment to avoid advancing into eclampsia, which can cause seizures that lead to brain damage and even death.

Understanding Preeclampsia

Preeclampsia is a condition that can occur any time after the twentieth week of pregnancy. It’s estimated that the issue occurs between three and seven percent of the time in expectant mothers. Patients typically have symptoms including high blood pressure and a high level of proteins in their urine. The diagnostic criteria includes:

• Mild preeclampsia occurs when blood pressure is greater than 140/90 and below 160/110. At this point, elevated proteins may be found in urine.
• Severe preeclampsia occurs when blood pressure goes over 160/110. Significant levels of protein is likely to be present in the urine and the mother may be experiencing other symptoms. These include pain, swelling, headache, or visual impairment.

If preeclampsia is not adequately treated, a number of risk factors can occur. These include grand mal seizures, hemorrhaging, stroke, placenta detachment, and even death. Doctors use a combination of diagnostics to determine what’s happening, including testing blood pressure, monitoring for visual signs, and urine tests. If the doctor fails to test appropriately or to make an accurate diagnosis, you may have the basis for a malpractice suit.

Increased Risks of Preeclampsia

Patients under certain circumstances may be at increased risk of preeclampsia, and require additional monitoring:

• multiple pregnancies;
• being over aged forty;
• a first pregnancy;
• family or personal history of preeclampsia;
• conditions such as diabetes, obesity, high blood pressure, and kidney disorders;
• being of Native American or African American descent.

Preventing Preeclampsia

Medical personnel must be vigilant about preeclampsia when dealing with pregnant patients. Diagnosis often requires complete bedrest, hospitalization for observation, or treatment in the form of magnesium sulphate. Taking the mother’s condition and the size of the baby into account, labor is often induced or a cesarean surgery performed. The only true solution for preeclampsia is birth. This must be weighed against the fetus’ need to grow in order to thrive outside the womb. It’s important that doctors provide adequate monitoring, treatment, and decision making into account that maximizes the health of both mother and baby.

Malpractice may occur when the condition is not diagnosed; when proper treatment is not provided; or when faulty decisions lead to injury or death for the mother or child. If you or a loved one has experienced preeclampsia malpractice through misdiagnosis or mismanagement, contact us today to discuss your case and arrange for a personalized consultation to learn what legal recourse may be available to you.

Emergency room injuries and medical malpractice are a serious issue. According to the CDC, more than 129 million Americans visit the emergency room each year. The hectic and sometimes even chaotic environment of hospital emergency departments and urgent care clinics can lead to devastating mistakes. Doctors, nurses, EMTs, and other hospital employees can make errors, neglect patient duties, or make a critical misdiagnosis leading to injury or even death in extreme cases.

Many emergency medical facilities are over-worked and chronically understaffed. As a result, employees are forced to diagnose, treat, and release patients as quickly as possible to keep up with patient volume. The results can be misdiagnosis, inadequate treatment, and oversights that cause patients suffering and distress. Emergency room errors are inexcusable, and if you’ve been the victim you may be eligible for financial compensation.

Common types of emergency room malpractice

The major cause of emergency room-related malpractice cases is misdiagnosis. Sources estimate that this is responsible for 30% of malpractice suits related to emergency medicine. Patients with severe issues can be sent home on the assumption that the cause is minor; in reality, the patients may be facing a medical emergency or a life-threatening illness. Other causes of emergency room malpractice include:

• Emergency medical technician (EMT) error or neglect
• Malpractice related to anesthesia errors
• Surgical error or unnecessary complications arising from surgical treatment
• Delayed diagnosis or failure to diagnose
• Complications related to blood transfusions
• Injuries Associated With Emergency Room Errors

As an example, when a patient presents with chest pain, a busy emergency room staff may overlook them. As a result, the patient may be denied critical care that could have prevented or minimized the damage from a heart attack. Heart attacks are one of the most common complications that arise from an emergency room error. Others may arise due to emergency room employee negligence including: stroke, aneurysm, bleeding or hemorrhaging, appendicitis, and embolisms. Any of these can have lasting health consequences for the individual or even be fatal.

How Emergency Room Errors Occur

Given that emergency rooms exist to serve patients in need of the most urgent care, it’s often surprising to patients that malpractice can occur in this environment. Emergency rooms have two immediate priorities: to give a full medical screening to patients and to stabilize the patient. From there, decisions can be made regarding further diagnostics, administering treatment, or seeking transfer for another facility. However, the reality is that many emergency rooms are overwhelmed with a volume of patients that are seeking treatment for ailments that don’t constitute an emergency. Due to overcrowding, a patient may not be admitted or given the appropriate priority. Patients often decline while waiting to be seen, are not examined in a thorough fashion, or may even be improperly discharged without being seen or diagnosed.

If you or a loved one has been the victim of an emergency room misdiagnosis or injury due to neglect, you may have the basis for a malpractice case. Contact us today to arrange for a consultation with an experienced malpractice attorney to discuss your case and learn about your options.

Medication malpractice isn’t often discussed. Errors are made by doctors, nurses, pharmacists, and laboratories every day. Patients receiving the wrong medications or incorrect dosing can lead to medication overdoses, failure to provide urgently needed care, or allergic reactions. One powerful anticoagulant, Coumadin, can save lives when used properly but cause serious side effects when mis-prescribed or not appropriately monitored.

What is Coumadin?

Coumadin is a drug that’s used by doctors and hospitals to prevent blood clots. It’s in a class of drugs that’s also commonly referred to as blood-thinners. Patients with certain conditions such as arterial fibrillation (an abnormal heartbeat) and deep vein thrombosis may be at increased risk for these issues. By controlling the blood’s ability to clot, the drug prevents the growth or expansion of existing blood clots as well as the formation of new ones.

Ongoing monitoring

When a doctor prescribes a blood thinner, it’s essential that they provide ongoing monitoring of a patient’s blood levels. In particular, they’re looking at the levels of anticoagulation or INR (International Normalized Ratio) that are present. When the levels go too low, blood clots become a risk. If the levels rise too high, patients become at risk for internal bleeding and hemorrhagic stroke, both of which can result in death or permanent disability.

The difference between a safe, effective dose and one that’s dangerous is quite small. A number of factors such as preexisting health conditions, liver and kidney function, lifestyle, alcohol consumption, and more all affect the way that the drug impacts patients. Doctors must take detailed patient histories, provide clear dietary guidelines, adequately warn patients about potential side effects, and be vigilant about monitoring. In the case that a crisis does occur, this is a medical emergency that should result in immediate hospitalization and reversal of the anti-coagulant. A crisis could be indicated by bleeding, as well as by certain results in the blood work.

Malpractice

Malpractice can occur in a number of different ways with blood-thinning medications. One is a failure to properly take a medical history or advise patients of the risks. Another is failure to conduct ongoing evaluations, including blood tests and verbal inquiries into signs of internal bleeding (such as asking about blood in the urine). Finally, when a doctor suspects a problem may have occurred, it’s critical that he or she takes immediate action. Discontinuing Coumadin isn’t enough. Hospitalization and reversal are often required.

If you or a loved one have experienced Coumadin side effects or bleeding, contact us at Rasmussen & Miner today to discuss your case. Our experienced malpractice attorneys will discuss your health history and determine if you may have recourse against the prescribing physician.

The prenatal misdiagnosis of birth defects can turn one of the happiest times a family shares – the joy of adding another child into the fold – into a sad and scary time. Prospective parents rely on the expertise of OB/GYNs and other doctors to make strategic decisions about healthcare that can impact both the mother’s health and the baby’s health. Undiagnosed birth defects and genetic conditions can leave families financially, emotionally, and medically unprepared for the care and assistance they need to offer their child the best quality of life and treatment.

Prenatal misdiagnosis

Typically, when a woman learns that she is pregnant she will seek medical care to confirm. Once a doctor has confirmed the pregnancy, a number of steps will be taken to help ensure a healthy delivery. Patients, regardless of age or perception of pregnancy risk, are typically offered the following screenings:

• Blood tests or screening for the following conditions as applicable: cystic fibrosis, Tay-Sachs disease, Sickle Cell disease, Canavan Disease, and Thalassemia;
• A thorough medical history and family history should be taken to identify additional risks and screening needs, including the need for specialized genetic testing due to ethnic risk factors;
• First trimester screenings to measure Nuchal Translucency, as well as related blood test, to help identify Down Syndrome risks;
• Testing between the 15th and 20th weeks for hCG (human chronionic gonadotropin), AFP (alpha-fetoprotein), DIA (dimeric inhibin-A), and UE3 (estriol) to assess risks for Down Syndrome, spina bifada, and other birth defects;
• An ultrasound is typically conducted between the 16th and 22nd weeks of pregnancy to further check for fetal abnormalities.

How Misdiagnosis Occurs

Prenatal malpractice may become a concern at multiple points during the medical process. One is a failure by doctors to take an adequate history or to perform tests according to medical best practices. Another is to detect a potential issue, and fail to follow up with additional blood tests, ultrasounds, or appropriate testing to gather all the information that parents should have about their child’s development and the health implications. Finally, doctors may fail to accurately interpret test results and as a result critical diagnoses are missed. Other issues include improperly dating a pregnancy, laboratory misinterpretations, or even misplaced records.

If you’re a parent who is dealing with the devastation of a prenatal misdiagnosis of health issues, birth defects, or genetic conditions, contact us today. The experienced attorneys at Rasmussen & Miner will review your case and determine whether you may be eligible for financial compensation that can help ease your burdens and ensure the best care and quality of life possible for your child.