Is Leaving an Instrument Inside a Patient After Surgery Considered Medical Negligence?

Medical professionals use a wide array of instruments when performing surgery. According to the American Society of Anesthesiologists, around 4,500 to 6,000 sponges and other surgical instruments are left in patients’ bodies each year, which can lead to serious complications or death. If you or a loved one has had surgery and an item was left inside your body, a local medical malpractice lawyer can evaluate your case and advise you of your options.

What is Medical Negligence?

All healthcare providers, hospitals, and surgery centers have a duty of care to provide treatment according to a reasonable standard of care that similar medical professionals would provide. When they fail to meet that duty, it may be considered medical negligence.

In a medical malpractice claim, a plaintiff must prove that the health care provider did not meet that duty of care, that they suffered damages, and that the provider’s actions were the direct cause of their injuries. While cases involving retained surgical instruments may seem straightforward, good medical malpractice lawyers know that sometimes they can be challenging to win.

Commonly Retained Surgical Items

Surgical sponges are the most common items left inside the body. There are several reasons for this.  For example, a surgeon may go through 40 or 50 of them during one operation, and they can be hard to see when soaked in blood. Although hospitals have protocols in place to prevent this from happening, it most commonly occurs during emergency surgeries or when unexpected complications arise. Some other items and instruments that have been left inside patients’ bodies include:

• Scalpels

• Forceps

• Clamps

• Scissors

• Drain tips

• Needles

• Tubes

• Scopes

• Measuring devices

• Surgical gloves and masks

• Gauze

Why Surgical Instruments May be Left Behind

In addition to the chaos of emergencies or complications during surgery, other factors may increase the risk of retained surgical items. Sponges or instruments may be counted incorrectly due to fatigue or faulty management systems, and when multiple surgeries are needed or procedures involve more than one surgical team, the chances of instruments being left behind increase.

Complications of Retained Surgical Instruments

Retained surgical items can result in a wide range of complications, including internal bleeding and permanent injury or disability. Surgical sponges left inside can break down, collect bacteria, and cause ulceration that may eventually become life-threatening.

Blades, scalpels, and other instruments with sharp edges can cause organ and blood vessel punctures as well. Pain in the abdominal, pelvic or chest area, fever, swelling, digestive issues, nausea, and weight loss are common symptoms of retained surgical instruments or sponges.

Recovering Damages in Medical Malpractice Claims

In most cases, when a retained surgical instrument is detected, additional surgery is required to remove it. This can lead to exorbitant medical costs, pain, and significant recovery time. The best medical malpractice attorneys in Pennsylvania can evaluate your claim and may be able to help you recover damages such as:

• Medical bills

• Lost wages

• Loss of future earning potential if an injury leaves you disabled

• Anticipated future needs, such as nursing care

• Pain and suffering

• Other damages specific to your claim

If you have lost a loved one due to retained surgical instruments, you may be entitled to file a wrongful death claim against responsible parties.

Our experienced medical malpractice lawyers in Chester County, PA understand how to accurately value your claim and fight to hold negligent medical professionals and hospitals accountable so you can heal and move-on with your life.

This blog was originally posted on https://pa4law.com/is-leaving-an-instrument-inside-a-patient-after-surgery-considered-medical-negligence/

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Medical Mistakes: When a Fertility Clinic Uses the Wrong Sperm

For those struggling to conceive a child, fertility treatment can be a lifesaver. Although they are rare, mistakes sometimes happen at fertility clinics. Fertility law is fairly new and can be quite complex. If you’ve been a victim of a medical error during fertility treatment, it’s important to find good medical malpractice lawyers who have experience in this area of the law.

Fertility Clinic Sperm Error

One such case involved Thomas and Nancy Andrews, who received fertility treatments at New York Medical Services for Reproductive Medicine in 2004. After struggling to conceive their second child, Nancy underwent in-vitro fertilization with what was assumed to be her husband Thomas’ sperm. When she became pregnant the family was overjoyed.

However, after Nancy gave birth to daughter Jessica on October 19, 2004, they feared that something was amiss. Jessica’s skin was much darker than either of her parents’ and she had characteristics more typical of African or African-American descent. Using a home kit, they tested their daughter’s DNA and had two additional lab tests performed. All three tests showed that Thomas was not Jessica’s biological father.

The Andrews File a Malpractice Lawsuit

The couple feared that Jessica’s biological father could try to claim rights and that the anonymous donor's sperm may have been used in other inseminations or another couple may have received Thomas Andrews' sperm. They also believed that the convoluted situation could cause their child confusion and unnecessary hardship.

The Andrews decided to bring a claim against the owner of the clinic and the embryologist who processed the egg and sperm for insemination. In court filings the couple stated, "We underwent a difficult and complex medical procedure for the sole purpose of bearing a child of our own. We were never informed that this type of mishap could occur, and frankly, this type of mishap is almost unimaginable.”

Even the best medical malpractice lawyers in Pennsylvania find cases involving IVF and other fertility treatments challenging to win. New York courts are hesitant to deem the birth of a healthy child as a cognizable injury. State Supreme Court Justice Sheila Abdus-Salaam dismissed certain parts of the Andrews’ lawsuit, including a claim that they had suffered mental distress. However, they were permitted to proceed with the medical malpractice portion of the claim. Ultimately, they were granted a summary judgment against embryologist Carlo Acosta.

Other Types of Fertility Clinic Errors

Using the incorrect sperm isn’t the only type of error that can happen at a fertility clinic. A California woman was awarded $1 million in a malpractice claim against a fertility specialist who accidentally implanted her with the wrong embryos, then concealed the mistake until her baby was 10 months old. 

Common errors include:

• Improper handling of sperm, eggs, or embryo, which can result in the implantation of the wrong embryo or using the wrong sperm or eggs
• Improper implantation, such as placing the embryo in the ovaries, which can result in ectopic pregnancy
• Medication errors, such as prescribing the wrong drugs before, during, or after an IVF procedure

If you have suffered harm due to a fertility clinic error, seeking the counsel of medical malpractice lawyers in Chester County PA can help make things right for you and your family. Our malpractice attorneys in West Chester provide compassionate, competent legal services you can trust.

This blog was originally posted on https://pa4law.com/medical-mistakes-when-a-fertility-clinic-uses-the-wrong-sperm/

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Wrongful Death Due to Air Embolism. Do You Have a Malpractice Case?

A somewhat rare occurrence, air embolisms are typically preventable when proper precautions and procedures are followed. Unfortunately, sometimes health care providers and facilities are not as careful as they should be, which can lead to tragic results. If someone you love passed-away due to an air embolism, finding good medical malpractice lawyers to evaluate your case is vital. Although no amount of money can bring back your loved one, an attorney can determine whether you have a viable wrongful death claim and advise you of your options.

What Is an Air Embolism?

An air embolism occurs when air bubbles enter the bloodstream and block a vein, artery, or blood vessel. When these air bubbles travel to your brain, heart, or lungs, it can cause heart attack, stroke, brain damage, respiratory failure, or other serious conditions. In some cases, air embolisms causes death.

Causes of Air Embolisms

Air can get into veins and arteries in several ways, usually during an injection, surgery, or while an IV is being placed. In a medical setting, an embolism may be caused by:

• Holes in tubing or catheters

• Defective tubing or catheters

• Improper priming of IV tubing

• Improper insertion or removal of an IV line

• Direct injection of air into a vein

• Defective heart stent

• Open heart surgery

• Blood transfusion

• Medication complications

If there is trauma to the lungs, ventilator-induced pulmonary embolisms can occur when a ventilator forces air into a damaged vein or artery. Because they provide direct access to the venous system above the heart, IV lines in jugular veins can also be a risk for air embolism. For an air embolism to develop from a central IV line, a sufficient amount of air must enter the system. Medical malpractice lawyers in Chester County, PA often employ medical experts who know how to determine whether an air embolism was involved in a patient’s death.

Preventing Air Embolisms

Physicians, nurses, and other health care professionals are trained to prevent air embolisms and to monitor patients to detect symptoms of embolisms during surgeries and other medical procedures. For example, patients are more likely to suffer from an air embolism if they are in a sitting position during an IV procedure, so proper positioning is vital. A pulmonary artery catheter or ultrasound can be used to detect air bubbles during surgery, and using an air occlusive dressing when a line is removed can help prevent air embolism.

How Do You Know If You Have a Case for Wrongful Death?

If you believe the negligence of a health care provider or facility caused your loved one’s death, seek the counsel of medical malpractice lawyers in Chester County, PA.  In most cases, air embolisms are preventable. However, you still have to prove negligence in a medical malpractice or a wrongful death claim. There must be evidence that a health care professional or facility provided substandard care, caused the embolism, failed to diagnose it, or failed to properly treat the condition.

An air embolism can sometimes be identified when reviewing medical records, especially if a CT scan was performed after symptoms appeared. The best medical malpractice lawyers in Pennsylvania understand how to properly investigate these types of cases. They typically enlist medical experts, review medical records, gather witness testimony, and thoroughly investigate the circumstances of the death to put all the pieces of the puzzle together.

Do you need help determining whether you have a medical malpractice or wrongful death claim? Our malpractice attorneys in Chester County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/wrongful-death-due-to-air-embolism-do-you-have-a-malpractice-case/

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