G. Eric Nielson & Associates, LLC

Utah Medical Errors Are Increasing

2009-06-29T08:55:00.000-07:00

Today the Salt Lake Tribune is reporting a significant increase in the number of reported medical mistakes in Utah hospitals.

Utah law requires health care providers to report so-called "sentinel events." Utah Administrative Code Rule R380-200-2 defines a "sentinel event" as "an event which has resulted in an unanticipated death or major permanent loss of function, not related to the natural course of the patient's illness or underlying condition or is an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function."

As you can see from the graph, the number of reported events has increased dramatically since 2002. As reported, the state has begun tracking a greater number of events, which likely accounts for the increase. What the report fails to discuss, however, is how many of these "sentinel events" go unreported by health care providers and medical facilities. Indeed, that is one flaw with the system--it relies on doctors and companies to self-report their mistakes. Obviously, they have an incentive to under-report their negligence.

Because our practice is focused on Utah medical malpractice cases, we hear directly from the patients, not the health care administrators. I can assure you, there are many more instances of medical negligence resulting in "death or serious physical or psychological injury" than have been reported. For instance, we recently settled a case involving the wrongful death of a gentleman who underwent a routine hernia repair operation. During the procedure, the surgeon perforated the patient's bowel, resulting in bacterial contamination and sepsis. Although the patient was in the intensive care unit, the nurses failed to monitor his temperature and fluid levels. Not surprisingly, the patient's condition deteriorated, but instead of paging the on-call doctor, the nurses left a phone message with the wrong physician. By the time doctors were able to respond, it was too late, and the patient died, leaving a widow and several adult children.

Despite the obvious errors and the resulting death, the hospital never reported it as a "sentinel event." Additionally, the surgeon who perforated the bowel talked the family out of an autopsy, claiming that "it wouldn't do any good." Although they were given many opportunities to take responsibility for the seriousness of their errors, the providers instead denied any liability, and the insurance companies hired a team of lawyers to prevent the family from discovering how their husband and father had died.

Medical malpractice is increasing, and is being defended more aggressively by insurance companies and their lawyers. As the recent report indicates, some of these cases are being reported to state officials. But nobody is taking care of the victims of these serious medical errors. As in the example listed above, negligent doctors and nurses refuse to admit their mistakes, and their insurance companies will do all they can to avoid paying for outstanding bills, lost wages, and pain and suffering. That's why the Utah medical malpractice lawyers at G. Eric Nielson & Associates are here. The insurance companies have lawyers working hard to defend substandard care; you need aggressive, experienced legal advocates on your side as well.

If you or someone you know has been the victim of medical negligence, call and discuss your rights with an attorney today: (801) 424-9088.

Missed Diagnosis is a Common Mistake

2009-06-24T17:07:00.000-07:00

When you go to a hospital or doctor's office, you are putting your trust in the people who provide you with care. You expect that they have been trained as professionals; that they have special training and skills that will enable them to help you.

Unfortunately, although professionals should follow the standard of care, they can make mistakes. Everybody makes mistakes, of course, but in our society, we are required to be accountable for the mistakes we make.

One of the more common medical mistakes that is made is incorrect diagnosis of symptoms. Some doctors make medical decisions based on pamphlets provided to them by pharmaceutical salesmen rather than peer-reviewed medical literature. Other doctors will treat symptoms as a minor, common ailment while ignoring signs of critical diseases.

In a recent case we handled, a patient went to his primary care physician for over a year complaining of chest pain. Because his doctor was interested in lungs and pulmonary medicine, the doctor treated the chest pain as asthma. Unfortunately, the chest pain was not asthma, but rapidly progressing heart disease. Although none of the asthma treatments resolved the patient's symptoms, the doctor stubbornly adhered to the original diagnosis and treated it like asthma. Worse, the undetected heart disease advanced to the point where one of the patient's arteries became totally occluded. He suffered a fatal heart attack, leaving behind a loving wife and six beautiful children.

If the heart disease had been detected when the symptoms first began, minor medical treatment would have saved his life. Because the doctor missed the correct diagnosis, a loving wife lost her husband, and children lost their father. Although it was an obvious mistake, the doctor denied any wrongdoing. In this case, the doctor even refused to turn over medical records to the family, who were simply looking of answers. Rather than accept responsibility, the doctor's insurance company hired some of the most expensive lawyers in Salt Lake City to aggressively defend the negligence. Thankfully, the medical malpractice attorneys at G. Eric Nielson & Associates were able to recover a substantial settlement for the family. Although nothing can bring back their beloved husband and father, the family's financial needs can now be met.

This is just one of dozens of examples of physicians who make critical mistakes that result in tragedy. The legal system exists to help hold people--including doctors--accountable for their mistakes. The Utah medical malpractice lawyers at G. Eric Nielson & Associates will fight for your rights, and help you recover for negligence, including missed diagnosis of serious conditions such as heart disease or cancer. Call today to set up a free, confidential, and no obligation consultation with an experienced malpractice lawyer: (801) 424-9088.

Gentamicin Toxicity Can Be Prevented

2009-06-04T21:12:00.000-07:00

Gentamicin is a powerful antibiotic that is used to treat various bacterial infections, especially those caused by gram-negative bacteria. It belongs to a class of antibiotics called "aminoglycosides," which have proven to be effective against certain bacteria that may be resistant to other, more conventional antibiotics.

While gentamicin can be an effective treatment, it must be carefully administered. It is nephrotoxic, which means it can have a detrimental effect on kidney function. If a doctor prescribes gentamicin, but does not closely monitor the patient's renal function, the serum levels of the drug can build up and cause acute renal impairment such as tubular necrosis.

Additionally, if gentamicin concentrations are too high, it can also damage the eighth cranial nerve, resulting in permanent, irreversible vestibular dysfunction. Symptoms of this include dizziness, loss of balance, and vertigo. Additionally, in some cases, this ototoxic reaction can result in auditory damage and hearing loss.

We have unfortunately been seeing a significant increase in doctors who prescribe gentamicin, but who fail to closely monitor their patients. Additionally, some doctors have been giving gentamicin to their patients when other, less harmful antibiotics would suffice. This negligence has resulted in dramatic harm to patients, particularly the elderly.

All medical treatment carries some risk, but those risks can be avoided by close clinical supervision. When health care providers put their own convenience before the safety of their patients, tragic and avoidable injuries can occur. Failure to monitor patients on gentamicin is medical malpractice.

The lawyers at G. Eric Nielson & Associates are experienced at handling gentamicin and other aminoglycoside negligence cases. We have a national network of medical experts who can help review your case and determine whether you have suffered eighth cranial nerve damage or renal impairment due to gentamicin toxicity. If you or someone you know has experienced symptoms of dizziness, loss of balance, or vertigo after being given gentamicin, call us at (801) 424-9088 for a free, no obligation consultation today. We understand the medicine, we know the law, and we can help.

Accountability

2009-06-03T12:40:00.000-07:00

The playwright Jean-Baptiste Poquelin, better known as Molière, said "It is not only what we do, but also what we do not do, for which we are accountable."

The law exists to ensure that those with special duties are held accountable for performance of those duties. In the case of physicians and other health care providers, this includes ensuring that they adhere to professional standards of care.

Patients are entitled to hold those professionals accountable when things they do, or things they do not do, cause harm. Often, patients believe that if they have been harmed by the result of professional negligence by a health care provider, the risk managers or insurance companies will "do the right thing" and help resolve the issues of lost wages, medical bills, and pain and suffering.

But medical malpractice cases are not like auto accidents, and insurance adjusters and defense lawyers try to settle malpractice claims for pennies on the dollar, if they are willing to settle at all. Often, these insurance companies will push the case to trial, and if you do not have skilled legal representation that has experience litigating complex medical malpractice cases, you risk losing your case as well as your health.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates have a history of holding negligent health care providers accountable for their mistakes. Medical malpractice law is all we do. Call and speak to a Utah medical malpractice attorney directly at (801) 424-9088.

Erb’s Palsy is a Preventable Birth Injury

2009-05-20T13:37:00.000-07:00

The group of nerve fibers known as the brachial plexus runs from the spine to the neck, arm, and armpit. It is also responsible for nerve impulses affecting both the muscles and the skin.

When babies are born, an injury to the brachial plexus may occur, which can result in severe nerve damage or paralysis to the hand, arm, or shoulder. These types of injuries are also known as Erb's palsy. It is estimated that one or two babies out of every thousand will be born with Erb's palsy, especially during difficult births. A difficult birth includes having a large baby, prolonged labor, or a breech birth. However, Erb's palsy may also occur when the mother is improperly positioned, or if the nurse or doctor in the delivery room uses too much force in extracting the baby from the birth canal. These are cases in which Erb's palsy may be prevented.

There are four types of brachial plexus injuries:

Stretch/neuropraxia/praxis injury - the brachial plexus is damaged, but not torn, which may cause swelling, compression, bruising, or over-stretching. This type of injury may heal over a period of time
Neuroma - Scar tissue around the injury in the brachial plexus causes the nerves from sending messages properly to the muscles. The only way to remove scar tissue is through surgery
Rupture - Tears in one or more places in the brachial plexus are evident, but the nerves are still attached to the spinal column. Surgery may be required, but the damage is usually permanent
Avulsion - Nerves are torn from the spine, which permanently damages the affected area. This is the most serious type of brachial plexus injury

Erb's palsy is also associated with Shoulder Dystocia. This occurs when the baby's head has been delivered, but the mother's pelvic bone is blocking the baby's shoulders. This can cause oxygen deprivation, which may cause brachial plexus injuries, neurological problems, or even kill the baby.

Hospital protocols are in place to avoid injuries like Erb's palsy, but they continue to occur. If you feel your child's birth injuries could have been prevented, please contact the experienced Salt Lake City Erb's palsy attorneys at G. Eric Nielson & Associates.

Causes of Birth Injury

2009-04-24T09:14:00.000-07:00

When a baby is born with a birth injury, it’s not uncommon for there to be a lot of unanswered questions. What really happened to cause the problem? Was the injury preventable? Was a doctor or other healthcare entity at fault?

What’s even more frustrating is that it’s also common for the medical community to “circle the wagons” and be hesitant in providing information that would help answer important questions.

That’s where an experienced, respected medical malpractice law firm can help work through the complicated process to find the answers you need.

Just a few of the most prevalent types of birth injury cases include:
• Erb’s palsy
• Cerebral palsy
• Shoulder dystocia
• Delayed delivery
• Misuse of forceps or vacuum extraction
• Brain trauma or other damage
• Nerve injury
• Blindness
• Premature birth
• Wrongful death

At G. Eric Nielson & Associates, we give our clients the personal attention they deserve, backed by more than 20 years of experience. We work hard to dig deep into the medical and procedural issues involved in birth injury cases.

If your child suffered a birth injury and you reside in the Salt Lake City, Utah, area, please contact our medical malpractice and birth injury lawyers at 1-866-605-4556.

Fetal Brain Injury

2009-03-20T14:06:00.000-07:00

Few things can be as devastating to parents as the news that their newborn baby has suffered a fetal brain injury. In so many cases, gone are the hopes that their child will live a normal life without ongoing special care and therapy.

What is a fetal brain injury? It happens when a baby’s brain is somehow damaged during the mother’s pregnancy, labor or delivery. These types of birth injuries can often be associated with either a large amount of pressure on the baby’s brain or a lack of oxygen to the brain tissue.

Perhaps even more devastating to families is the realization that their child’s brain injury was caused by a preventable medical mistake. In these instances, families may have grounds for financial compensation in a medical malpractice civil case.

A few medical conditions associated with fetal brain injury include:
• Cerebral palsy
• Brain asphyxiation
• Hypoxic injury
• Forceps or vacuum extraction injury
• Hematosis
• Seizures at birth
• Stillbirth

Has your child suffered a fetal brain injury? Residents of the Salt Lake City, Utah, area and surrounding communities, please contact the experienced birth injury law team at G. Eric Nielson & Associates at 1-866-605-4556. Known for our aggressive pursuit of compensation for our clients, we’ll work tirelessly on your behalf.

Birth Injury Treatment

2009-03-12T08:15:00.000-07:00

When your child suffers a severe birth injury, such as cerebral palsy, you’ll want to do anything you can to help that child achieve a good quality of life.
Unfortunately, there is no cure for most birth injuries that involve significant damage to the brain.
The good news, though, is that there are a variety of treatment options out there that can make a difference, such as:
• Physical therapy – to help with coordination, balance, strength and muscle flexibility.
• Behavior therapy – to improve communication skills and deal with any behavior problems
• Speech therapy – to refine speaking and eating skills.
• Occupational therapy – to work on motor skills, everyday tasks and self-sufficiency
• Medications – to help control seizures and spasms.
• Surgery – to treat contracting muscles and tendons and increase range of motion
Ongoing treatment for a cerebral palsy patient will take significant monetary resources. If you think your child’s cerebral palsy was caused by medical malpractice, you could have a case for compensation. Please contact our Salt Lake City, Utah, birth injury trial specialists at G. Eric Nielson & Associates today to schedule a free consultation. Our number is 1-866-605-4556. Remember, medical malpractice is all we do.

Cerebral Palsy

2009-01-26T16:50:00.000-08:00

Parents of children with cerebral palsy may be interested in a new documentary due out in this year called, Hemispheres: A Documentary on Cerebral Palsy. The film focuses on cerebral palsy research and possible cures, along with an inspirational patient story.

Cerebral palsy is a life-altering, permanent medical condition that can be caused by a birth defect or a birth injury. The condition, linked to irreversible brain damage, affects the body’s ability to control muscle movement. Affected babies often need special medical care for the rest of their lives.

Cerebral palsy can be directly related to medical mistakes. For instance, a doctor could:

Leave a baby in the birth canal too long
Delay an necessary emergency cesarean section
Not recognize a problem with a twisted umbilical cord
Fail to monitor and react to fetal distress

Pregnant women entrust not only their own health, but also that of their new baby to their medical team. Unfortunately, doctors and other professionals, especially those who are inexperienced, can miss signs of problems. Even experienced physicians can be careless and rushed.

If you gave birth to a child diagnosed with cerebral palsy and believe the condition was caused by medical malpractice, we can help. Please contact the experienced cerebra l palsy attorneys at G. Eric Nielson & Associates at 1-866-605-4556.

Delayed Delivery

2009-01-12T09:00:00.000-08:00

During a pregnancy, a mother is usually meticulous about how she takes care of herself. All of that care can be for nothing, however, when a doctor in charge of the labor and delivery fails to act quickly to a fetus in distress and waits too long to move forward with an emergency cesarean section — or fails to perform one at all.

When a baby is allowed to be in distress too long, often resulting in a lack of oxygen, it’s called a “delayed delivery.” Delayed deliveries can cause severe birth injuries, such as damage to the brain and cerebral palsy.

Some of the questions to ponder in cases of delayed delivery and possible malpractice include:

Did your medical team recognize and react to your baby’s distress during labor?
Was the labor and delivery department fully staffed? (If not, this could be hospital negligence.)
Did your doctor arrive quickly to handle your delivery?
Did your doctor fail to calculate your baby’s size correctly?

At G. Eric Nielson & Associates, we can help discover what really happened after a delayed delivery. If your child suffered an injury due to a delayed delivery, and you live in the Salt Lake City, Price, Tooele and surrounding Utah areas, please contact our birth injury lawyers at 1-866-605-4556.

Failure to Diagnose Aortic Dissection

2008-11-19T12:27:00.000-08:00

An aortic dissection occurs when the inner layer of your aorta, the main artery in your body, tears. As a result, blood pours through to the middle layer of the aorta, causing the middle and inner layers to separate. If the tear goes all the way through to the outside aortic wall, the condition will most likely result in death.

This is a very rare condition; however, it can potentially occur in anyone. Men ages 40 to 70 are at greatest risk of aortic dissection. Unfortunately, the symptoms resemble those of many other diseases, which can cause a delayed diagnosis.

Aortic dissection is a very serious condition that must be attended to immediately. If it is caught early enough, you are much more likely to survive the incident. Any delays in diagnosis or treatment will most likely prove fatal.

Some of the most typical symptoms include sudden severe chest or upper back pain, loss of consciousness, shortness of breath, weakness, and stroke.

If your doctor fails to correctly diagnose your aortic dissection, he may be held liable for medical malpractice. Generally, the key to successfully proving malpractice in an aortic dissection case hinges on the time between the failure to diagnose the condition and the death of the patient. If there is at least one or two hours between misdiagnosis and death, the doctor had enough time to save the patient’s life. If he failed to do so, he is most likely guilty of malpractice.

At G. Eric Nielson & Associates, we specialize in handling medical malpractice cases. If you have a loved one who has died from misdiagnosis of an aortic dissection, we can help you recover damages for your loss.

Please contact G. Eric Nielson & Associates, LLC today to schedule a free consultation with one of our experienced medical malpractice attorneys.

Missed Cancer Diagnosis

2008-10-31T10:19:00.000-07:00

All forms of cancer are progressive and incurable, although they may be treatable. If they are not diagnosed in a timely fashion, they grow and spread, becoming more severe and life-threatening. If they are diagnosed early, they can often be surgically removed, radiated, or managed with medications. A missed cancer diagnosis can be grounds for a medical malpractice suit.

Cancer Staging
Cancer is assessed in four Stages according to a system called TNM Classification:

T – the size of the primary tumor
N – how much, if at all, it has spread into the lymph nodes

What is lymph?

Lymph is a clear body fluid in between cells and has its own circulatory system (the lymphatic system). It is not pumped like blood but moved by skeletal muscles contracting. It keeps body cells freshly bathed in fluid and carries fatty acids into the blood system.

Lymph also carries cancer cells, and this is how a cancer metastasizes. Lymph vessels run and branch throughout the body, punctuated with lymph nodes, tiny bean-shaped organs, which filter the lymph, trapping foreign particles. The nodes contain white blood cells and are part of the body’s immune system.

M – metastasis (how much the cancer has spread to other body organs, if at all)

Diagnosis is preferably done in Stage 1, when treatment will be most successful and preductions most reliable.

How is Cancer Diagnosis Done?
When the cancer is diagnosed, it may have already metastasized. So the primary site must be located. Cancer can begin anywhere in the body except in the hair, teeth, and fingernails. By establishing the primary site, predictions can be made as to how the cancer will behave and what symptoms it will likely cause.

Secondary sites are those to which the cancer has spread. It may have entered the bloodstream, the lymph, or may have directly spread to a nearby organ.

However, each cancer is defined and described in terms of its primary site. For example, breast cancer may spread into the lymph system or into the lungs, but it is still considered as breast cancer.

Cancer is diagnosed using a variety of tests and imaging methods. Preferably, a biopsy is done (cancer tissue is taken from the body to be tested). By gathering information about the cancer cells, a physician can determine the primary site, even if the tissue was taken from a secondary site. Once the diagnosis is established, appropriate treatment can be planned.

If you or a loved one has had a missed cancer diagnosis, you may well have a valid legal claim. If you have lost a loved one because cancer was not diagnosed until a late Stage, you may have a wrongful death claim.

Please complete our Case Evaluation Form if you would like to speak to one of our medical malpractice attorneys. Alternatively, you can use the mini-form at the left side of this page.

Why didn't my doctor tell me?

2008-09-04T08:14:00.000-07:00

If your doctor failed to have you undergo cancer specific testing, and it turns out you do have cancer that doctor should be held liable.

Sometimes doctors are overworked and sleep deprived and mistake a tumor for an infection or do not recognize the symptoms of your cancer. Other times, doctors may think you are being overly dramatic regarding your symptoms. Maybe your doctor did not have the time to follow-up with you, and then became preoccupied with another patient, and neglected to order your additional x-rays or CT scans.

Whatever the reason, it's inexcusable.

There are certain things that you can do to help decrease your chance of cancer.

Women should:

Have yearly pap exams
Have a formal breast exam every three years
Have an annual mammogram after age 40

Men should:

Have yearly prostate screenings after age 50
Begin having colonoscopies every 5 to 10 years beginning at age 50

Cancer kills. Be sure to take the necessary precautions to keep yourself healthy. Early detection is the key to fighting a winning battle against cancer.

To learn more about medical negligence and your legal rights, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

Danger of a delayed cancer diagnosis

2008-08-25T12:46:00.000-07:00

One of the leading causes of medical malpractice claims today is failure to diagnose cancer. When you visit your physician, you expect he or she to provide medical care in accordance with standard medical procedures. If you doctor does not meet these standards, or fails to diagnose the presence of potentially life threatening cancerous cells as early as possible, your life could be in jeopardy. An early and correct diagnosis can allow you the best chance for survival.

Early detection of cancer is a key factor in the successful treatment of this disease. Detection of cancer later down the road requires more drastic forms of treatment such as higher dosages of radiation and chemotherapy. These treatments may cause pain and suffering. They will also add to the expense of your cancer treatment, and could even cause permanent disabilities themselves.

Sometimes, doctors fail to order the right tests or they simply mistake the signs of cancer for another illness.

Other common causes of cancer misdiagnosis include:

Failure to properly review test results
Failure to recognize symptoms of patient's cancer
Mistaking a tumor for an infection
Misdiagnosing a tumor as benign
Failure to order a biopsy
Failure to follow-up with the patient

Whatever the reason, the outcome is unacceptable. Because a timely diagnosis can be such a critical factor in the survival rate of cervical, breast, prostate and other types of cancer, mistakes like this can result in deaths that could have been prevented.

To learn more about medical negligence and your legal rights, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

Prompt Diagnosis of Prostate Cancer can Save Lives

2008-08-06T13:55:00.001-07:00

The Washington Post reports that a federal task force has concluded that the routine performance of certain diagnostic tests may actually do more harm than good. For years, doctors have tested men for their prostate specific antigen (PSA) levels, often as part of a routine physical. According to the task force, these types of tests may be unnecessary if they are offered on a routine basis.

Unfortunately, an unintended consequence of these findings will likely be that doctors will no longer perform the test, even when the patient presents with risk factors for the disease. Similarly, doctors who have performed the test may disregard elevated levels based on the belief that since the test is no longer routinely administered, the results are not important.

Notwithstanding the findings of the federal task force, PSA screenings can still be useful in the early detection and treatment of prostate cancer. And when prostate cancer is detected early, it can be successfully treated in a number of ways.

If doctors fail to perform diagnostic tests on patients that present with well known risk factors, or if they ignore the results of such tests, it causes patients to lose the opportunity to make informed decisions about their treatment. In some cases, it can be considered medical malpractice.

If you or someone you know has received an abnormal PSA test, but the doctor did not follow up with you, you should seek a second opinion immediately. Additionally, if you have been receiving regular PSA tests, but have been diagnosed with prostate cancer, you may have a claim. The Utah medical malpractice lawyers at G. Eric Nielson & Associates are experienced in handling prostate cancer cases. You can call for a free, no obligation consultation today.

(801) 424-9088

At G. Eric Nielson & Associates, Medical Malpractice is All We Do.

How to protect my legal rights

2008-07-11T08:42:00.000-07:00

Medication errors, especially those made during routine procedures, are a form of medical malpractice or professional negligence. The doctor, nurse, hospital or anyone involved in your procedure should be held accountable. You may be able to collect monetary compensation to help alleviate your medical bills and lessen your financial burden.

To be able to collect damages because of a doctor's mistake or negligence, you must be able to prove the following three factors:

The health care professional(s) who were negligent owed you a duty to exercise reasonable care - this is usually easy to prove
The health care professional(s) were negligent in their treatment, meaning that they did not perform in accordance with “acceptable standards” of medical or pharmacological practice
The negligence caused your injury

The amount of money that you may be able to recover will depend on a number of factors including:

The severity of the negligence
The health of the person before the negligence
The strength of the defendant(s)
The severity and permanence of your injuries

In Utah, medical malpractice actions must be begin within two years of the date of injury or the omission that gave rise to the claim. If the claim involves an object or instruments found within your body, the action must be filed within one year of the insertion or a year after you've discovered its presence.

To learn more about medical negligence and your legal rights, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

How the arbitration process works

2008-06-05T13:18:00.000-07:00

If you signed an arbitration agreement and more than 10 days has passed, you are now legally bound to the terms of your agreement. If you believe you are the victim of medical malpractice, your claim must be resolved by a panel of arbitrators as opposed to court.

The process starts with a notice from one party to the other demanding arbitration. You and your doctor each name a person to serve as an arbitrator. These two arbitrators would pick a third arbitrator. An arbitrator is similar to a judge; he or she will listen to the evidence of both sides and decide whether malpractice occurred.

This panel of three arbitrators establishes rules about the witnesses and evidence each side could present and sets a schedule for the arbitration. If necessary, the arbitrators can issue subpoenas to make witnesses appear at the hearing or to obtain essential evidence.

At the arbitration hearing, both you and your doctor will be represented by an attorney of your choice. Each party will have the opportunity to present evidence and witnesses, and cross-examine the other party's witnesses. The arbitrators will listen, applying the same laws that a court would apply. However, this process is more relaxed and less formal than court. Based on the evidence and the law, the arbitrators could award any amount or kind of damages that a court could award.

To learn more about medical negligence and arbitration, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

How Common is Misdiagnosis of Heart Disease?

2008-05-08T15:41:00.000-07:00

One study, conducted by HealthGrades, found that "failure to rescue" (identify and treat heart disease in time) was responsible for 155 out of 1,000 hospitalized patients. But the study did not break down the numbers into types of misdiagnosis, delayed diagnosis or other factors.

Another study surveyed patients seeking opinions about medical mistakes. The National Patient Safety Foundation found that of the people who reported a medical error about 40% blamed it on a "misdiagnosis or treatment error."

Misdiagnoses have been studied in hospital emergency departments across the United States - ranging from in rate from 20 to 40 percent. These particular misdiagnoses are estimated to be higher than those of the overall health care industry due to the critical and time-sensitive nature required of these diagnoses.

Malpractice and misdiagnosis
It is also interesting to note that a large proportion of medical malpractice cases are based on misdiagnosis or delayed treatment of serious conditions. The top five malpractice-risk conditions are:

Myocardial infarction (cardiovascular disease)
Breast cancer
Appendicitis
Lung cancer
Colon cancer

Nearly all these suits involve cases of misdiagnosis or mismanaged diagnostic tests resulting in delayed treatment.

To learn more about what you can do if you have suffered due to a missed diagnosis, please contact the law office of G. Eric Nielson & Associates, serving clients in Salt Lake City, Price, Tooele and surrounding areas of Utah.

How to Cope With Cerebral Palsy

2008-04-03T08:05:00.000-07:00

As a parent, you have hopes and dreams for your child. You fantasize what he or she will be like as a toddler, as a fifth grader, as a teenager. When you find out that your child has a serious disability, it may impact how you envision the future.

Your dreams are replaced with frustration. You are likely to experience bouts of denial, guilt and anger. These feelings are natural and healthy. Coming to terms with your emotions is necessary before you can begin devoting all your energy to your child's success.

Apart from financial stress associated with the medical requirements of the child, there is a whole gamut of emotional, social, physical and academic trauma that will face both your child and you - the parents. Challenges for the whole family will ensue and will continue to do so for years.

While there is a growing awareness of disabilities, the acceptance of a child with one like cerebral palsy remains far from where it should be. This only creates a more challenging and emotionally trying situation for your child as he or she ages.

To be able to endure a lifetime of challenges, parents must understand and fully accept your child's condition as soon as possible. Then seek an early intervention program as well as educational assistance to help your child become active and self-reliant.

Keep in mind that the most important aspect of rehabilitation is love, care and encouragement.

To learn more about cerebral palsy and how medical error can cause this devastating condition, please contact the office of G. Eric Nielson & Associates today to schedule your initial consultation.

Birth Injuries May Last a Lifetime

2008-03-25T14:23:00.000-07:00

Childbirth is supposed to be one of the most joyous occasions in a woman's life; however, sometimes there are problems during childbirth that can result in your newborn suffering severe, maybe even lifelong injuries.

Anoxic/Hypoxic Ischemia

Two problems that can occur during childbirth are Anoxic Ischemia and Hypoxic Ischemia. Anoxic Ischemia means there was absolutely no oxygen being delivered to the baby during childbirth or right after delivery, and hypoxic ischemia means there was a decreased and inadequate amount of oxygen getting to the infant. The decreased amount of oxygen or the total lack of oxygen causes damage to the infant's brain and/or spinal cord.

When a newborn suffers from these serious conditions, it is quite possible that a physician's medical malpractice is to blame. Though hypoxic ischemic encephalopathy is quite rare (2-4 cases out of every 1,000 births), when the condition does develop, it is very serious in that it can threaten the baby's survival and cause permanent brain damage. Approximately 20% of all infants with this condition will die during the newborn period. And of the ones that do survive, at least 25% will have permanent neurological problems. Hypoxic ischemic encephalopathy is a frequent cause for epilepsy, mental retardation and learning disabilities.

The exact causes of this condition are not known, but some studies have revealed that complications with the umbilical cord, rupture of the uterus, maternal low blood pressure, and other complications can cause hypoxic ischemic encephalopathy.

What Can You Do?

Many mothers and fathers feel helpless when their baby is born with these conditions and they don't know how to manage everything that will now be coming their way. Young parents may be faced with astronomical medical bills, long-term care costs, and special schooling expenses. We can help you. Our law firm has attorneys with a great deal of medical malpractice experience, and we know how to help families that are in your situation. If your child's condition was caused by medical malpractice, we will fight to get you the compensation you deserve.

If you or a loved one has suffered from Hypoxic/Anoxic Ischemia or any other birth injury, please contact the experienced Medical Malpractice Attorneys at G. Eric Nielson & Associates, serving Salt Lake City, Price, Tooele and the surrounding areas.

Court Strictly Applies Time Limits; Patient's Claims Barred

2008-03-06T10:24:00.001-08:00

Today the Utah Court of Appeals issued its decision in Harper v. Evans, 2008 UT App 66, --- P.3d ---. The court upheld a trial court's ruling that the patient had delayed in bringing her claim to court, and the statutory time limit for doing so had expired.

Statutes of limitation--laws that place limits on how long an injured person has to sue--are just one of the many legal pitfalls facing malpractice victims. There are some narrow exceptions and statutory tolling provisions, but as Harper illustrates, courts are generally strict in enforcing the time limits.

If you believe you have been injured by medical error, do not delay in seeking legal advice. Even if your claims have merit, you can be precluded from any recovery if you wait to long. You should seek legal assistance immediately.

Riegel v. Medtronic

2008-02-21T13:24:00.000-08:00

On Wednesday, the U.S. Supreme Court held that Food and Drug Administration approval of medical devices preempts personal injury claims filed under state laws. The decision, which was split 8-1, holds that the preemption applies to certain medical devices that meet FDA specifications, and were approved by the administration before being marketed to the public.

You can read more about the decision, here.

I know there are a lot of philosophical differences about the benefits of a free market, but in my opinion, if there is going to be minimal governmental regulations on the front end, then injured persons need to be able to hold negligent manufacturers responsible. If there's no oversight, there should at least be accountability. That's what the civil justice system is supposed to provide.

Gentamicin ototoxicity and vestibular dysfunction

2008-02-11T12:30:00.000-08:00

When antibiotics were first developed in the early twentieth century, they were a medical miracle. Since then they have saved millions upon millions of lives. They continue to treat many illnesses, but there has been recent concern that they may be over-prescribed. Over-prescription can lead to a number of health problems in patients who have ingested too much.

Gentamicin is a commonly prescribed antibiotic used to treat a number of bacterial infections. When administered properly and in effective doses it can be extremely helpful. When over-prescribed, it can lead to gentamicin ototoxicity, damaging the inner ear where our sense of balance is maintained.

Gentamicin ototoxicity is the primary cause of bilateral vestibulopathy. The vestibular system is responsible for balance. When too much gentamicin is prescribed, the vestibular system in both ears can be damaged, affecting balance and vision.

People suffering from bilateral vestibulopathy may suffer from the following symptoms:

Vertigo
Visual blurring
Difficulty seeing while driving
Difficulty recognizing faces while walking

When a medical professional prescribes gentamicin for too long a period of time or at too high a dose, there may be an issue of medical negligence. Most individuals are not aware of the dangers associated with overdoses of antibiotics like gentamicin. When damage is done, many will not connect the injury to the use of the drug.

At G. Eric Nielson & Associates we are not doctors but we do understand the technical and complex issues surrounding gentamicin ototoxicity and vestibular dysfunction. We can help you understand whether your vestibular dysfunction was a result of medical negligence and can help you receive compensation for your injuries.

Utah Supreme Court Protects Patient Confidentiality

2008-02-01T11:27:00.000-08:00

Today the Utah Supreme Court issued its decision in Sorenson v. Barbuto, 2008 UT 8, --- P.3d ---, which upheld important patient confidentiality rights.

In Sorenson, Nicholas Sorenson was injured in a car accident. He sought treatment from Utah physician Dr. Barbuto. When Mr. Sorenson brought a personal injury claim, his treating physician, Dr. Barbuto, went to work for the defense lawyers. Dr. Barbuto told the lawyers confidential information about his patient; information that was different from what he'd put in the medical records. The defense lawyers even tried to use Dr. Barbuto--the patient's own physician--as an expert witness in the case.

The district court disallowed it, however, and Mr. Sorenson prevailed on the merits of his personal injury claim. He then brought a separate action against Dr. Barbuto for violating his duty to protect the confidentiality of the physician/patient relationship. At first, the district court dismissed Mr. Sorenson's claim against Dr. Barbuto. But the Utah State Court of Appeals reversed that decision, and held that doctors cannot engage in ex parte, or "one-way," communications with anyone--including defense lawyers--about their patients, without violating their duties to the patient.

Dr. Barbuto took the Court of Appeals' decision to the Utah Supreme Court, which affirmed the lower court's ruling, and went one step further. The Utah Supreme Court also declared that it is unethical for defense lawyers to initiate or engage in ex parte communications with a patient's treating physicians, even when the patient is involved in a lawsuit.

This is an especially important decision in Utah, and for medical malpractice cases. The Utah Medical Insurance Association (UMIA) insures the vast majority of doctors in the state. If you have a medical malpractice claim against one doctor, and are seeing another one for treatment of your injuries, chances are, UMIA insures both of them. The defense lawyers that work for the insurance company can no longer call treating physicians and ask them for help in defending another physician's negligence.

This is a good decision, because it ensures that when you are seeing a doctor for treatment--even for injuries caused by another negligent health care professional--your communications will not be used against you. Further, it guarantees that any information treating physicians have will be disclosed under court supervision, pursuant to an oath of honesty.

Hospital Denies Liability for Tragic Negligence

2008-01-23T13:05:00.001-08:00

According to Texas newspaper the Star-Telegram, Kourtney McGee, who experienced bleeding during her second trimester of pregnancy, went to the hospital to receive care and attention. Tragically, however, her infant was stillborn.

As if that weren't bad enough, however, the hospital literally added insult to injury by losing the little baby's body. Unbelievably, the body was sent to the cleaners along with the hospital's dirty laundry.

Surely you would expect the hospital to do the right thing. Certainly, they would recognize the gravity of their error, and the nightmare that they had put this poor mother through.

But the hospital's lawyer said it all: "[W]e deny that the hospital has done anything inappropriate."

People like to joke about "ambulance chasers," and many are concerned about the perceived "malpractice crisis" and "frivolous lawsuits." But this tragic example out of Texas illustrates the real crisis--health care corporations and insurance companies that refuse to do the right thing; that refuse to be accountable for their mistakes.

Mistakes happen. And when we as citizens commit a mistake, we are responsible for its consequences. That's the reason that medical malpractice attorneys who represent injured persons are necessary--to fight the big companies on behalf of people that have already lost so much, and to hold them accountable for their negligence.

Our sincerest condolences go out to Ms. McGee for her loss.