Furr & Henshaw FindLaw IM Template 2021-07-23T19:50:02Z https://www.scmedicalmalpractice.com/feed/atom/ WordPress /wp-content/uploads/sites/1301339/2021/01/favicon.ico by Furr & Henshaw <![CDATA[Is your elderly loved one the victim of financial abuse?]]> https://www.scmedicalmalpractice.com/?p=47850 2021-07-23T19:50:02Z 2021-07-23T19:50:02Z What to know about financial abuse Elder financial abuse is the exploitation of an elderly person for the purpose of financial gain. It can involve fraud, identity theft, scams, threats and undue influence. Some of the most common examples include:
  • Forging checks
  • Stealing money from a wallet, bag or apartment
  • Stealing property
  • Telephone scams
  • Online scams
  • Lying about expenses
  • Intimidating or coercing a senior into giving money
According to the National Center on Elder Abuse, this form of abuse costs senior citizens about $2.9 billion every year. Sadly, the perpetrators are often people close to an elderly person, including nursing home staff, medical professionals, neighbors or even family members.

Preventing the financial abuse of seniors

Whether you have reason to believe that your loved one has experienced exploitation or you wish to prevent it altogether, these are some of the steps you can take:
  1. Have a frank discussion with your loved one about potential financial abuse
  2. Keep track of your loved one’s financial transactions
  3. Document any suspicious financial activity
  4. Beware of any sudden new friends in your loved one’s life
  5. Establish a guardianship or conservatorship to manage your loved one’s finances
  6. Ensure that your loved one has a legally sound last will and testament
  7. Report suspected abuse to the nursing home, medical facility or authorities immediately
It can feel frightenining and angering to suspect that your loved one has been financially abused. But with education and careful documentation, you can go a long way toward ending it or making sure it never happens.]]>
On Behalf of Furr & Henshaw <![CDATA[Common forms of surgical errors]]> https://www.scmedicalmalpractice.com/?p=47845 2021-07-13T15:11:49Z 2021-07-13T10:06:19Z informed consent. However, beyond known and possible risks, patients can suffer serious losses when doctors and medical providers are negligent in the performance of their duties. This post will discuss several ways that medical negligence may manifest in the surgical arena, but no part of this post should be read or used as specific medical or legal advice. The counsel of a knowledgeable South Carolina medical malpractice lawyer can be a useful tool for an injured individual who has suffered due to a surgical error.

Surgical mistakes as a form of medical malpractice

Surgical mistakes happen when doctors and other medical providers fail to meet standard duties of care to their patients in surgical settings. There are many ways that surgical errors can happen, including but not limited to:
  • Wrong patient surgeries: The procedure is performed on the wrong patient.
  • Wrong site surgeries: The procedure is performed on the right patient, but on the wrong part of the patient’s body.
  • Wrong procedure surgeries: A patient receives the wrong surgical procedure.
  • Retained foreign body mistakes: A patient undergoes a surgical procedure, and the surgical team leaves a surgical tool or implement behind in the patient’s body.
Surgical mistakes can result in worsened conditions, ongoing pain and suffering, the need for additional surgeries, and other serious losses.

Fighting for victims’ rights after surgical mistakes

Life after a surgical error can be hard on a victim and their family. Depending on the nature and severity of their underlying condition and error, a patient may be unable to work or care for their family after a surgical mistake. They may require more medical procedures to fix the mistakes they have endured in addition to the procedures they need to remedy their underlying medical condition. The costs of extra and excessive medical procedures can skyrocket to unimaginable sums. When a victim is harmed by the negligence of a doctor, hospital, or medical professional, they should understand that they have rights. They do not have to suffer alone, and they may be able to secure compensation for negligence-related losses. In some cases, a lawsuit is a necessary step to help a victim be made whole after a surgical mistake. A medical malpractice lawyer can explain the details of the litigation process.  ]]>
On Behalf of Furr & Henshaw <![CDATA[Your doctor said you do not have cancer, but you do. Now what?]]> https://www.scmedicalmalpractice.com/?p=47843 2021-07-01T05:17:45Z 2021-07-01T05:17:45Z misdiagnosed, and you do indeed have cancer. Due to the misdiagnosis, you missed out on early treatment and now the disease has progressed. How can such things happen?

How can doctors misdiagnose a disease like cancer?

Diagnosing cancer can be difficult but a competent doctor should know that some forms of cancer are trickier to spot than other forms of cancer. For example, rare forms of cancer often go overlooked and not as much attention is paid by some doctors into learning how to diagnose them. This can lead to a misdiagnosis. However, even common cancers can be misdiagnosed. A doctor may do blood or tissue tests and fail to see cancer cells. Or they could perform an x-ray but falsely determine the worrying spot on the x-ray is an infection when it is actually cancer.

The importance of getting a second opinion

If you find out that you have been misdiagnosed and your illness is actually cancer it is important to get a second opinion. The doctor who made the misdiagnosis may not know much about the type of cancer you have or may underestimate how serious it is. The doctor who made the misdiagnosis may not specialize in the form of cancer you have, especially if it is a rare form of cancer. And, if you get a second opinion, you can learn more about all your possible treatment options.

What to do if you have been misdiagnosed with cancer

If you have been misdiagnosed with a seemingly more benign disease and later find out that your illness is cancer, there are steps you can take to advocate for yourself. Talk to all the physicians treating you even the one that made the mistake. Ask all your doctors to get together to come to an agreement about your diagnosis and get second or even third opinions if necessary. Finally, keep your own copies of your medical records, including test results and hospital records.

Learn more about your options after a cancer misdiagnosis

If advocating for yourself gets you nowhere or if the misdiagnosis cost you dearly in money, your health or time, you may want to learn more about pursuing a medical malpractice claim. This post is only meant to educate; it does not contain legal advice. Our firm’s webpage on failure to diagnose may be a good starting point for those who want to learn more about their rights and options.]]>
On Behalf of Furr & Henshaw <![CDATA[What are the different types of medical malpractice?]]> https://www.scmedicalmalpractice.com/?p=47839 2021-06-01T09:33:57Z 2021-06-01T09:33:57Z medical malpractice and the legal protections available to help them.

Failure to diagnose, misdiagnosis and delayed diagnosis

When there has been a failure to diagnose, misdiagnosis or delayed diagnosis, it can make the victim worse and they may become more ill. A failure to diagnose can occur for a variety of reasons including when the medical professional fails to order the appropriate tests or accurately interpret them; fails to review the patient’s medical history; or for other reasons.

Surgical errors

Surgical errors can occur when the wrong patient is operated on; when the patient is operated on the wrong area of their body, which is commonly referred to as wrong site surgery; or when a foreign object is left in the patient.

Medication errors

Medication errors can occur in a variety of different ways including if the patient receives the wrong medication, the wrong dose or if the patient’s medical history and current medications are not properly reviewed and the patient has a bad reaction. Medical malpractice can cause victims physical and financial damages and can also undermine their faith in the medical care they receive and the trust they placed in their medical provider. A medical malpractice claim for damages can help victims and their families through the struggles they face because of medical malpractice.]]>
On Behalf of Furr & Henshaw <![CDATA[How medical professionals cause birth injuries]]> https://www.scmedicalmalpractice.com/?p=47836 2021-05-11T09:42:45Z 2021-05-11T09:42:32Z birth injuries and birth defects. Birth injuries are physical trauma and usually occur during the delivery or after the birth. Birth defects are abnormalities that occur generally while the child is still in the womb. These could be genetic issues that arise related to family history or it could be because there was an untreated infection or other issues usually during the beginning of the pregnancy. There is usually not much that can be done medically to prevent birth defects, but many birth injuries can be prevented. However, not all are prevented and sometimes there are even caused by the negligence of the medical professionals involved in the delivery.

Common ways medical professionals cause birth injuries

Sometimes there is nothing the medical professionals can do to prevent a birth injury, but there are also many ways that they can prevent them and sometimes even ways that they cause them. Some common examples of medical negligence are:
  • Failure to act quickly enough when the conditions of the baby worsen
  • Failure to diagnose complications prior to delivery that could be diagnosed
  • Using excessive force during the delivery
  • Using various tools such as forceps or a vacuum incorrectly
  • Not monitoring the baby properly after birth
If the birth injury is caused by medical negligence and could have been prevented, the parents may have a medical malpractice claim against the medical professionals. Some of the injuries they cause can have detrimental effects on the child for the rest of their lives. This can result in extensive medical treatment and excessive medical bills. The medical professionals may be required to compensate the victims for their mistakes. Many babies suffer birth injuries in South Carolina. In some instances, the mistake can never be corrected and the baby will be left with complications for the rest of their lives. Parents may be entitled to compensation for these mistakes. The compensation may never fix the mistake, but it can ease the financial burdens. Experienced attorneys understand the devastation of the birth injuries and may be a useful resource.]]>
On Behalf of Furr & Henshaw <![CDATA[How to determine if loved ones are victims of nursing home abuse]]> https://www.scmedicalmalpractice.com/?p=47833 2021-04-29T04:58:42Z 2021-04-29T04:58:33Z nursing home abuse that is occurring. The loved one may also be in a condition where they cannot report the abuse to loved ones when they visit.

Signs of nursing home abuse

There are certain signs that people can look for when they visit their loved ones. These include, but are not limited to:
  • Confusion, disorientation, drowsiness and other signs of over or under medication
  • Increased immobility which could be a sign of a lack of exercise/movement throughout the day
  • Poor hygiene, dirty clothes, unwashed, body odor and other signs of a lack of proper hygiene
  • Sudden weight loss, dry mouth, cracked lips and other signs of poor nutrition
  • Bed sores or open wounds
  • Unexplained injuries
  • Being withdrawn, agitation, anxiety, embarrassment or other signs they are being bullied by staff
There may come a time when people in South Carolina need to put a family member into a nursing home. They may think they have put them in a good home, but abuse can occur in any nursing home. It is important that the abuse is caught early to protect the loved one. When people visit their loved ones that they look for signs of abuse. If they believe this is occurring consulting with experienced attorneys could be beneficial to help ensure the nursing home is held accountable.  ]]>
On Behalf of Furr & Henshaw <![CDATA[Pharmacy errors growing more worrisome with heftier workloads]]> https://www.scmedicalmalpractice.com/?p=47818 2021-03-31T15:01:05Z 2021-03-31T15:00:54Z Pharmacists express concern about hectic schedule and staffing problems Pharmacists are trusted to do more than simply place pills in a bottle and fill prescriptions. The schooling required to be a pharmacist is extensive and is comparable to that of a medical doctor and nurse. Recently, anecdotes from pharmacists indicate how their heavy workload and limited staff may be impacting their work. Patients could be victimized because of these factors resulting in a mistake. Some note that in the past, there were more people working as pharmacists and support staff; there was time to talk to patients regarding the medication they were prescribed. With stress and extra work, that one-on-one relationship is declining. Chain drugstores are where many people get their prescriptions. In the last 10 years, pharmacy work has been expedited, heavier and with more responsibilities. The concerns are growing worse with the ongoing pandemic and a significant percentage of people getting their COVID-19 vaccinations at chain drugstores. An investigation shows that some pharmacists work for 12 straight hours and do not even have the chance for anything more than a minimal break, if that. The lack of resources, more and more drugstore chains functioning under one corporate umbrella and wage concerns are limiting the number of pharmacists on the job. Overwork is cited as a fundamental reason for pharmacy errors. Some are relatively innocuous like putting the wrong number of pills in a bottle to fill a prescription. Others, however, include giving a patient the wrong drugs that could cause an interaction with other medications, be too high a dose or are meant for another person. Because pharmacists are involved in all types of medical care whether that is at a drug store, in a hospital and in specialized treatment facilities, this puts the pieces in place for mistakes and terrible consequences to come about.

Having professional help may determine if a pharmacy mistake occurred

While the complaints from pharmacists might seem to be little more than workplace issues that the industry needs to sort out, patients and their families should be aware of how they can be impacted. If a person was receiving treatment and had an unexpected medical issue or reaction that did not seem to be connected to the problem they were being treated for, it is important to consider the possibility that there was a medication mistake. Pharmacy malpractice can be the catalyst for allergic reactions, strokes, heart attacks, brain damage and more. People even lose their lives. To have assistance in assessing the case and determining what happened, it may be useful to have professional help. Contacting those with knowledge and understanding of medication and the possibility that pharmacists committed malpractice can be useful in moving forward with a claim.  ]]>
On Behalf of Furr & Henshaw <![CDATA[Five medical mistakes that could lead to cerebral palsy]]> https://www.scmedicalmalpractice.com/?p=47807 2021-03-17T07:37:59Z 2021-03-17T07:37:51Z What is cerebral palsy? According to the Centers for Disease Control and Prevention, cerebral palsy is a disorder that makes it difficult for a person to move and keep their balance due to abnormal brain development or brain damage. Some people with cerebral palsy also have other medical issues such as intellectual disabilities, seizures, vision problems, hearing problems, speech problems, scoliosis or contractures. There is no cure for cerebral palsy.

What medical errors can lead to cerebral palsy?

The following are five medical errors during pregnancy or the birth process that could lead to cerebral palsy. Keep in mind that this list is not all-exhaustive. There are many causes of cerebral palsy.
  • Injuries during the birth process. Failing to recognize that the fetus is in an abnormal birth position puts the infant could cause an infant to suffer cerebral palsy. In addition, the improper use of a vacuum extractor or forceps can cause brain injuries leading to cerebral palsy.
  • Not addressing infections during pregnancy. If an expecting mother develops an infection while pregnant and the infection goes untreated, it can lead to cerebral palsy. This is because an infection can overwhelm the expecting mother’s immune system, subjecting the fetus to suffer permanent damage to their brain.
  • Letting jaundice go untreated. Healthy blood cells are necessary to bring oxygen to one’s brain. Jaundice, which allows bile pigments to circulate through a newborn’s bloodstream, needs to be treated early. The failure to do so could lead to cerebral palsy.
  • Failing to prevent Rh incompatibility. If a pregnant woman’s blood is Rh-negative and the fetus’s blood is Rh-positive, the fetus could be deprived of oxygen. If Rh incompatibility is not identified and treated through the use of RhoGAM, it can lead to cerebral palsy.
  • Birth If the fetus does not receive sufficient oxygen during the birth process, it can lead to brain damage and cerebral palsy. Breech birth positions are a common cause of birth asphyxiation.

Learn more about birth injuries

A lifelong birth injury such as cerebral palsy is a situation no parent wants for their child. Unfortunately, acts of medical malpractice can lead to such problems. This post is for educational purposes only and does not contain legal advice. Parents who believe their child suffered a birth injury due to medical malpractice can explore our firm’s website for further information on this topic.]]>
On Behalf of Furr & Henshaw <![CDATA[Steps to take if you suspect hospital negligence]]> https://www.scmedicalmalpractice.com/?p=47804 2021-03-17T07:36:30Z 2021-03-17T07:36:18Z hospital negligence, many patients experience dangerous complications, a slow recovery or even death due to mistakes made in the hospital.

The statistics

According to one source, each year up to 440,000 patients lose their lives due to hospital errors, infections, injuries or accidents. In fact, today alone over 1,000 patients will lose their lives due to an otherwise preventable medical mistake made in the hospital. Moreover, one in 25 patients will develop a preventable infection during their hospital stay. These are sobering statistics indeed.

What to do if you suspect a medical mistake was made

First, if you suspect a medical mistake was made while you are in the hospital, inform a trusted family member, your bedside nurse or any other hospital employee. Be respectful but assertive. Let the hospital know you expect them to report back and address the error. You or a relative can follow up with the hospital after letting them know of the error. If the error is not resolved before you are discharged, discuss the incident with the hospital’s customer service or patient advocacy department.

Learn more about your rights and options

If none of these steps resolve the situation, it may be time to discuss the matter with an attorney. Ultimately, this post is for informational purposes only and does not contain legal advice. Our firm’s webpage on hospital negligence may be a good starting point for those who want to learn more about their rights and options in such situations.  ]]>
On Behalf of Furr & Henshaw <![CDATA[Does the rise in virtual medical visits compromise care?]]> https://www.scmedicalmalpractice.com/?p=47802 2021-03-16T20:27:06Z 2021-03-16T20:27:06Z miss specific diagnoses and not build healthy relationships with their patients.

Concerns over virtual visits

NPR recently interviewed Maine primary care Dr. Paul Hyman, who published an essay in JAMA Internal Medicine over what is lost when physicians primarily see patents through video screens. His concerns include:
  • Missed diagnoses: Hyman says without an in-person examination, heart conditions are challenging to diagnose, such as when fluid builds up in the body due to a poorly-performing heart. He says it often takes touching the patient, listening to their heart and looking at veins in the neck while monitoring their blood pressure. He’s also concerned about diagnosing people suffering from dizziness.
  • Losing personal connections: For many people, physically going to a doctor’s office provides comfort to both the patient and the doctor. While an examination should be an objective scientific tool for diagnosing a medical condition, the conversation with a fully-present doctor is vital to understanding what is happening. Virtual visits can be full of distractions for both.
  • Being on the same page: Physicians and patients often disagree over treatment. Hyman says a physical exam often provides much-needed data for diagnosing a health condition and reinforcing the health care plan going forward.
Putting the patient first One of a physician’s most important duties is to act diligently to diagnose a patient’s symptoms, even if they are treating patients virtually. Missed or misdiagnoses may be considered medical negligence in many instances. Doctors don’t get a “pass” if they fail to order appropriate tests, don’t recognize signs of serious illnesses or not obtain a comprehensive medical history. If you or a loved one are impacted by a delayed or missed diagnosis, contact an experienced medical malpractice attorney.    ]]>