August 16, 2008

San Diego Hospitals Fined for Mistakes

Four area hospitals have received $25,000 fines for serious mistakes that state investigators allege have caused serious injury and death. The mistakes include. (1) the use of a malfunctioning anesthesia machine at Pomerado Hospital, causing patients to be partially awake during surgery, (2) allowing a patient to fall off an operating room table during surgery at Scripps Green Hospital, (3) permitting an individual with a revoked nursing license to treat patients at Promise Hospital’s skilled nursing facility, and (4) the failure to turn on a ventilator at Sharp Grossmont, which caused a patient to die.

In the matter of the malfunctioning anesthesia machine, an injured patient told the San Diego Union Tribune that she “felt cutting, smelled burning, felt intense pulling down and towards (my) right side...I could feel the tears coming down my cheek . . . why didn't they see my tears? I tried to talk . . . the pain was horrendous.”

Of course, most people don't realize that few of the victims will receive justice for the medical negligence that caused their suffering. California's MICRA law restricts the recovery of non-economic damages (e.g. pain, suffering, disabling, embarrassment, etc.) to $250,000.00. Under no circumstances can any victim who is injured, maimed, or killed by a health care provider in California receive more.

August 1, 2008

Medical Malpractice Alleged in Hospital Death

Sharp Grossmont Hospital is under investigation after an anonymous tipster told officials that the recent death of a patient was not due to natural causes but because of medical malpractice. Harvey Houtkin, a successful author, died on July 25th after what was considered uneventful surgery on his tonsils. The cause of death was listed as natural until a physician anonymously told investigators that Mr. Houtkin died after his breathing tube became dislodged, blocked his airway, and no one noticed. The San Diego Union Tribune reported that:

No staff member had noticed quickly enough that Houtkin had turned blue, the doctor said, and efforts to save him came too late. What ensued was a very messy scene where the anesthesiologists could not reintubate the patient and the surgeon could not establish an opening in the windpipe, the physician said.

The hospital, of course, is denying this.

But recent events at this hospital make is sound more like some third-world health facility, not a state-of-the-art hospital in the orbit of America's Finest City. During two state inspections last spring investigators found numerous deficiencies, including poorly trained nurses, improper use of restraints, an old operating room mattress (held together with tape and glue), and other problems. They also discovered three deaths that they deemed were preventable.

Sharp Grossmont Hospital is now at risk of losing federal funding.

July 9, 2008

Aren't Hospitals Where We Go To Get Well?

It's been a bad few weeks for the image of hospitals in America.

Two weeks ago, a woman died in the emergency room of a New York Hospital waiting for a bed. She apparently waited over 24 hours, and surveillance cameras show her lying on the floor of the ER for more than an hour before an employee came to check on her. Several staff members have been suspended or fired, including doctors and the family intends to file a lawsuit for malpractice.

Last Sunday, a 34-year-old woman died after getting stuck in the elevator of a Des Moines, Iowa hospital.

And just yesterday it was reported that 17 infants were given overdoses of Heparin, a blood thinner, when nurses accidentally gave the infants 10,000 units of blood thinner instead of 10, as called for. One of the infants has died.

Walton Barber LLP is a personal injury and malpractice law firm that represents individuals throughout San Diego County. The firm is always accepting new cases, and free consultations are available.