Wrong site surgery is a “never should happen” event. One hospital managed to do it 5 times in the last two years. Here’s a video report.

Here’s a cool video that every surgeon and hospital “team” should review before surgery. Wrong sided surgery is a “should never happen” event. (click on the headline above)

A Blacksburg surgeon charged with “keying” a colleague’s car, recently received some good news.

Nine months ago, well-known surgeon Dr. Marc Siegel, was charged with felony property damage after allegedly scratching Dr. Jim Lebolt’s vehicle with a key while the car was in the Montgomery Regional Hospital parking lot in October.  Just last Monday, the felony charge was lowered to a misdemeanor in Montgomery County Circuit Court.

In January, Dr. Siegel pleaded no contest, as he agreed that there was enough evidence to find him guilty. However, there was some argument over whether the charge should have been a felony.  For property damage to be considered a felony, the damage has to exceed $1,000.  Even though it cost over $1,000 to repair the BMW, another shop gave an estimate that was less than $1,000.

Circuit Court Judge Ray Grubbs decided that Dr. Siegel has complied with the terms of a written agreement and had no new charges.  The Judge therefore dismissed the felony charge against the surgeon.

So, what would cause a prominent surgeon to key another surgeon’s car? According to Dr. Siegel’s lawyer, it was the result of “peer rivalry.”

According to the Roanoke Times, Dr. Siegel apologized not only to his patients, but also to Virginia Tech athletes, with whom he served as a team surgeon.  He said that he did not set a good example.

According to medical experts who study malpractice cases, some diseases are misdiagnosed over and over again.  In a CNN article entitled, Five Commonly Misdiagnosed Diseases,  various illnesses were listed as being among the top five that fall under the radar. Even though this article is a few years old, the fact that patients continue to suffer from medical malpractice has not changed.

The following is a list of the top five misdiagnosed illnesses, based on the article:

1.   Cancer: Research has found cancer to be the most commonly misdiagnosed illness. It is believed that the rate of misdiagnosed cancer cases is partially tied with doctors’ failure to stick with cancer screening guidelines.

2.   Infection: A Harvard study found infection to be the second most misdiagnosed condition.

3.    Aortic disease: The symptoms of aortic disease are sometimes not interpreted correctly and are associated with other conditions.  In some cases, this type of disease is misdiagnosed as heartburn.

4.    Hear attack: Despite what Hollywood depicts in movies, sometimes the symptoms of a heart attack are subtle.

5.    Clogged arteries: This condition has some of the same warning signs of less serious illnesses.  Shortness of breath is one of the symptoms, which is frequently attributed to a patient being out of shape.

In some instances, a misdiagnosed illness can be considered medical malpractice. However, these cases are not easy to win.

To find out more about medical malpractice lawsuits, order a copy of Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

If you have read this blog before, you are aware of the numerous people who have become “victims” of Virginia’s statutory cap on medical malpractice damages. Take the case of Carol Johnson,  as an example. Ms. Johnson was awarded a $2.5 million jury verdict for an undiagnosed medical condition. Due to the cap on damages, her award was reduced to $1,650,000.

Don’t make the mistake of believing that this Virginia medical malpractice lawsuit is isolated – there are many more like it where the victims are robbed by the med mal cap, including the cases of Hector Alvarez and Rita Talbert.

Medical malpractice plaintiffs end up becoming victims twice.  They are first victimized by the negligence of their medical providers, but then they become victims again when their compensation is limited.

Liability caps are impacting the people who are hurt by medical malpractice and their family members. It is so frustrating to hear about cases where a jury decided, based on the evidence and arguments presented, what amount should be awarded, only to have the amount often cut in half.

You can read more about Virginia medical malpractice lawsuits in Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

It’s hard to imagine that a surgery center would actually double dip into a single-dose medicine vial or reuse a medical device meant for one patient.  Surprisingly, this type of lax infection practice is afflicting outpatient centers nationwide.

A recent federal study revealed some shocking practices in these medical centers.  According to this study, researchers found that in some centers, the medical staff failed to wash hands, wear gloves and clean blood glucose meters.  These findings, which were reported in the Journal of the American Medical Association, implied that these poor infection controls could be occurring in the nation’s more than 5,000 outpatient centers.

This study followed the outbreak of hepatitis C that took place in Las Vegas. It was believed that this outbreak was the result of unsafe injection practices at two clinics, which have since been shut down.

During the study, inspectors visited 68 centers in Maryland, North Carolina and Oklahoma.  While at the facility, inspectors followed at least one patient through an entire stay.  Even though the inspectors’ visits were not announced ahead of time, the medical staff was informed once they arrived.

Researchers discovered that 67 percent of the centers studied had at least one lapse in infection control and 57 percent were cited for deficiencies.

“These people knew they were under observation, had the opportunity to be on their best behavior and yet these lapses were still identified, some of which potentially are very dangerous and have been warned against explicitly,” commented Dr. Philip Barie of Weill Cornell Medical College in New York.

If you believe you have been harmed by medical malpractice in Virginia, be sure to order a free copy of Fairfax medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

There have been so many medical advancements over the years, but medical mistakes still occur at an alarming rate, including cases of misdiagnosed cancer. This type of medical error can be deadly.

When cancer is detected during the early stages, it can typically be treated effectively, giving the patient a good prognosis.  That is what makes misdiagnosed cancer cases so devastating.  By the time the cancer is identified, the options are often limited, not to mention painful.

The rate of survival is generally higher when cancer is caught early, as the treatments tend to be more successful.  Once the cancer has progressed, the treatments are harsher and may include such things as radiation and chemotherapy.

You could have a Virginia medical malpractice claim if your cancer was diagnosed late.  A Virginia medical malpractice attorney will determine if you have a strong claim by gathering all of the pertinent medical records regarding your care and by conducting an interview with you.

If it appears that you have a provable case, your medical malpractice lawyer will consult and retain experts in the appropriate specialty.  These medical experts are crucial to your case, as they will testify if they believe that the medical care you received was substandard, which led to your injury.

There are other factors that go into medical malpractice lawsuits. For more information, order a copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime.

When you decide to pursue a Virginia medical malpractice lawsuit, you need to be prepared for an outright war. These cases are rigorously defended, so you must have a strong case. You need to be able to show that the doctor or hospital deviated so far away from the accepted standard of care that they would be considered negligent.  You also have to have a physician expert witness who would be willing to testify against a fellow medical provider.

What makes matters even worse in a medical negligence case is that the jurors are often misled by the insurance industry. The insurance industry spends millions funding “research” to suggest that there is a prevalent problem with medical malpractice lawsuits.  This research supposedly shows that excessive verdicts are causing malpractice insurance carriers to increase their premiums, which in turn is pushing doctors out of the medical field.

When jurors hear this type of message from the insurance industry, they often award lower verdicts than they would have ten years ago.  That means that many victims of medical negligence receive less from the jury than what is needed to cover their medical expenses.

You can read more about these lawsuits and why so many malpractice victims don’t recover compensation in Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

Virginia medical malpractice cases are not easy to win.  In fact, many people make the mistake of believing that just because they didn’t get better after treatment or since they developed some side effect associated with a procedure, that they have a strong medical malpractice claim.  Unfortunately, that is often not the case.

In a medical malpractice suit, you have to prove that the doctor or hospital’s actions deviated so far from what is the accepted standard within the medical field that they would be considered negligent.  However, that’s not enough to win your case.  You also have to show that this negligence was the primary cause of your injury.

One of the key elements to winning a medical malpractice case is a physician expert witness. That means you need to find a doctor in the same specialty as the negligent physician who is willing to testify that the conduct fell below accepted standards.  These witnesses are not always easy to find and when you do locate one, don’t be surprised by how expensive it will be.

Physicians are usually reluctant to testify against fellow medical professionals. Therefore, it is sometimes necessary to bring in physicians from other parts of the country, which ends up increasing the cost.

For more information regarding medical malpractice suits, order your copy of Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

Dr. Stephen Smith, Carilion Clinic’s vice chairman of surgery, has said that anything he said to anesthesiologist, Dr. Bradley Cashion, is protected free speech under the First Amendment. Dr. Smith is being sued for defamation.

On December 29, Dr. Cashion of the Anesthesiology Consultants of Virginia, filed a civil lawsuit claiming that Dr. Smith accused him of euthanizing a patient who died during surgery in November.  Dr. Cashion had other examples of alleged defamatory comments made by Dr. Smith, including one statement that he “gave up” on a patient.  He is pursuing $2.35 million in compensatory and punitive damages.

According to Paul Beers, who is representing Dr. Smith, “all of these alleged statements are matters of opinion and hyperbole.”  He argued in court documents that opinions are protected speech.  Mr. Beers went on to say that “Dr. Smith pleads that he made no false assertions or fact concerning Dr. Cashion.”

Dr. Smith’s lawyer has requested that the suit be dismissed and that Dr. Cashion pay for legal fees.  If he is not able to get the case dismissed, Dr. Smith has requested that he receive a jury trial.

The Roanoke Times reported that Dr. Cashion’s attorney, Scott Austin, hasn’t responded in court to the latest documents.