Less than 5% of Kentucky physicians account for 50% of malpractice claims (Natl. Practitioner Data Bank). However, most of these physicians continue to practice.

The vast majority of physicians are dedicated and highly competent practitioners. The problem is,the medical community appears reluctant to police their own. The facts are pretty clear: A small number of physicians is disproportionately responsible for a significant number of malpractice claims; yet these doctors are rarely disciplined by the state Board of Medical Licensure.

Take a moment to look at the data provided below from the National Practitioner Data Bank. Our conclusion? The medical establishment has largely left improper care to the victim, their families and an attorney to resolve. Is this the best way to govern a profession? Perhaps not, but it is the reality of the situation. In these instances, we pursue and hold accountable those who are providing sub-standard care. Here are some facts to consider:

HOW OFTEN ARE DOCTORS SUED?

Rarely. A recent Harvard study concluded that of all medical errors that resulted in death or injury, only four percent resulted in a claim brought against the physician.

ONLY FIVE PERCENT OF DOCTORS ARE RESPONSIBLE FOR HALF OF KENTUCKY’S MEDICAL MALPRACTICE PAYOUTS

According to the federal government’s National Practitioner Data Bank, just 4.7 percent of Kentucky’s doctors have been responsible for 49.9 percent of all malpractice payouts to patients. During the period under review for this recent study, 411 doctors, all of whom made two or more payouts, paid $171.9 million in damages since 1990. Even more surprising, just 1.6 percent of Kentucky doctors (141), each of whom has paid three or more malpractice claims, were responsible for 26.7 percent of all payouts.

DOCTORS WITH REPEATED MALPRACTICE CLAIMS AGAINST THEM SUFFER FEW CONSEQUENCES

Only 9.9 percent of Kentucky doctors who made two or more malpractice payouts were disciplined by the Kentucky Board of Medical Licensure, according to the NPDB. Only 12 percent of doctors who made three or more malpractice payouts were disciplined. And only 20 percent who made four or more malpractice payouts were disciplined.

THE VAST MAJORITY OF DOCTORS HAVE NO RECORD OF MALPRACTICE PAYOUTS

In Kentucky, 83.3 percent of doctors have not made a medical malpractice payout since September 1990, when the NPDB was created.

LAWSUITS AREN’T DRIVING UP MALPRACTICE INSURANCE RATES

Overall, malpractice insurance accounts for only 2.8% of physician practice operating expenses in Kentucky, which is 12% lower than the national average.

Currently cancer afflicts a massive segment of the American population. The American Cancer Society Correct treatment is crucial to lowering these numbers and ensuring that you aren’t one of the unlucky ones who succumb to this debilitating disease. Cancer is tricky,and once it metastasizes (spreads from its original point of origin), it can be much harder to treat. As most of us know, when and how the cancer is diagnosed plays heavily into chances of survival, and discovering that you have suffered from a misdiagnosis can be devastating.

Most Common Cancer Misdiagnosis

Unfortunately, misdiagnoses or failure to diagnose can occur in almost every cancer case, among them:

• breast cancer
• lung cancer
• cervical cancer
• prostate cancer
• ovarian cancer
• skin cancer
• colon cancer
• pancreatic cancer

Why does this happen?

Misdiagnoses or missed diagnoses can occur for any number of reasons, including:

• confusing a benign tumor with a malignant one or vice versa
• misreading a biopsy
• failing to refer a patient for specialized testing
• misreading of tissue specimen
• failure to heed patient complaints
• failure to understand the underlying condition
• incorrect assessment of the cancers stage
• incorrect assessment of the cancers location

What can I do if I was misdiagnosed or if my medical doctor had failed to diagnose me.

Even if cancer is found, the victim may suffer from a number of incorrect assessments that could negatively impact treatment. A doctor might erroneously identify breast cancer as noninvasive, for instance, when it is actually invasive, indicating that the doctor would need to look beyond the breast to fully treat. A late diagnosis could shave precious years off a woman’s life and require her to undergo higher doses of radiation and chemotherapy.

It isn’t only cancer victims who can suffer from a misdiagnosis, either. Often a misdiagnosis occurs in the opposite direction, informing a patient that they have the disease when in fact they do not. This can lead to debilitating courses of chemotherapy and even removal of organs, as in the case of Jennifer Rufer, who lost her uterus to hysterectomy unnecessarily.

If you or a loved one has been the victim of a cancer misdiagnosis or a failure to diagnosis, you may be entitled to compensation. This is a difficult area, however, and seeking immediate help is prudent. First, if you have not done so already, get a second opinion. If it differs from the original, get a third. Order more medical tests and be sure you feel comfortable that you’ve gotten a correct diagnosis. Then talk to an attorney about what your options are going forward.

We know that dealing with your misdiagnosis requires an enormous amount of time and effort. Let us help you deal with your unique situation; our experience and the individualized attention we give to each and every client will help. Contact us to speak to one of our attorneys today.

Hospitals in Kentucky can take a few lessons on avoiding medical errors and lawsuits arising as a result of these errors from the University of Michigan Health System. According to an analysis of the performance of the University of Michigan Health System, it has done an excellent job of responding to medical errors,reducing the risk of medical errors in the future, and dealing with patient injuries that result as a consequence of those errors.

The Michigan Model is based on an approach of “disclose, apologize and offer”, and can improve access to compensation, enhance patient safety and promote transparency.  So successful has the system been that the “Michigan Model “is being recommended as a model for hospitals and medical staff across the country.  The system that is currently being used across the University of Michigan Health System is not based on rocket science.  It contains a number of points that any medical malpractice attorney would be perfectly familiar with.

A new study analyzed the success of this model in preventing medical malpractice lawsuits, and found that:

•  The hospitals compensate patients fairly and quickly when there’s an injury as a result of medical errors.
•  Lessons are learnt from injuries, so future injuries can be avoided.
•  Hospitals support clinical staff when there is evidence to show that the care that was delivered was reasonable.

As a result of the use of these techniques, the number of medical malpractice claims filed against the Health System has dropped.  There has also been a decline in liability costs.  New claims as well as potential claims are being resolved at a much faster speed, and hospital officials are managing to avoid medical malpractice litigation.  

In spite of targeted efforts to reduce the incidence of preventable surgical errors like wrong site surgeries and wrong patient surgeries, the number of these errors continues to remain high in American hospitals. According to an analysis by Johns Hopkins, as many as 4,000 of these errors continue to occur in hospitals every year.

The results of the study have been published in Surgery. The researchers at Johns Hopkins made use of data from the National Practitioner Data Bank, and found that between 1990 and 2010, there are more than 9,744 cases involving preventable medical errors.  These errors involved such “never events” like retention of surgical items inside the body, wrong site surgery, outpatient surgery and wrong surgical procedure.

American patients paid a terrible price for these errors.  More than 6% of the patients died as a result of the errors, while close to 33% suffered permanent and life long injuries as a result of such surgical errors.  More than 59% suffered temporary injuries.

The frightening part is that the database only includes those cases in which indemnity payments have been made.  That means that the actual number of such errors being recorded in hospitals every year is probably much higher.  The researchers estimate that as many as 4,082 such surgical errors are being committed in hospitals every year.

For several years now, hospitals and health safety experts have been working together to implement programs to reduce the risk of such errors   Some of the most widely used programs include the use of checklists, and timeouts in the surgical room,in order to prevent such “never events “. The data suggests that those efforts must be expanded to minimize these error rates.

Many hospitals have been slowly phasing in the 3-day-workweek for nurses with extended work shifts.  The three-day workweek allows for longer weekends,and is believed to contribute to a better work-life balance.  Unfortunately, the longer shifts also seem to be linked to higher levels of stress.

According to a new study of nurses that was been published recently in the journal Health Affairs, when nurses work long,extended shifts of 13 or more hours, they are at risk for increased levels of nurse burnout and decreased job satisfaction. Nurses who work long hours of 10 or more hours were found to be approximately 2 ½ times more likely to suffer burnout and stress, compared to nurses on shorter shifts. 

Nurses who work longer hours were also more likely to experience job dissatisfaction, and ultimately, announce their intention to leave the job.

The research was the latest in a series of studies that have explored the connection between nurse work hours and patient safety.  It should not come as a surprise to any medical malpractice attorney that a nurse who is stressed, fatigued and suffering from symptoms of burnout is much more likely to compromise patient safety and commit medical errors.  Some of those errors could include medication errors like over dosage, when a nurse fails to read labeling and instructions properly.

Unfortunately, the longer shifts and 3-day work weeks are now increasingly common in American hospitals. Many nurses now work 12-hour shifts, which provide them with greater flexibility and longer weekends.  However, when nurses who work these long shifts are also asked to put in overtime, or asked to work one shift after another, there may be serious consequences for their health, and ultimately, patient safety.