Missouri Personal Injury Lawyer Blog

A survey published recently in the Archives of Internal Medicine noted that ninety percent of physicians who participated in the survey said that doctors over-test and over-treat patients in part to avoid medical malpractice lawsuits, according to an article in the Associated Press.

The survey questioned 1,231 doctors nationwide. The physicians surveyed included emergency room doctors, specialists, surgeons, and primary care doctors. The survey asked two questions: "Do physicians order more tests and procedures than patients need to protect themselves from malpractice suits?", and, "Are protections against unwarranted malpractice lawsuits needed to decrease the unnecessary use of diagnostic tests?"

Ninety-one percent of the physicians surveyed agreed with both survey questions. The rate of agreement that doctors over-test to avoid lawsuits was higher among male physicians, of whom 93 percent agreed, than among female physicians, of whom 87 percent agreed. Both male and female physicians agreed equally that more protection against lawsuits was needed to decrease the rate of over-testing.

Even when physicians over-test and over-treat, they may fail to find the cause of a patient’s illness or treat it in the appropriate way for that patient. This failure may be an honest mistake, or it may be the result of negligence or carelessness on the physician’s part.

If you or someone you love has been injured or become ill as the result of negligent medical care, please contact the experienced Missouri medical negligence lawyers at Page Law. Our skilled legal team will thoroughly review the details of your case and help you understand and protect your legal rights. Call Page Law today at (314) 322-8515 to schedule a free and confidential case evaluation.

Medical negligence is a serious issue in Missouri. What is medical negligence? It could range from misdiagnosis to the failure to diagnose a disease or health condition. It includes errors made by doctors or surgeons during a surgical procedure. Botched surgeries or surgeons operating on the wrong side or the wrong part of the body may also be considered medical negligence. It could also include mistakes or negligence on the part of anesthesiologists, nursing staff and pharmacists whose actions put patients in jeopardy.

A recent news report talks about a lawsuit that was filed by the administrator of a deceased woman's estate claiming that doctors caused the woman's death by cutting through a valve in her heart while performing heart surgery. The lawsuit alleges that during a cardiac catheterization and stent placement procedure, two doctors punctured the woman's right iliac artery. She eventually died of complications from the surgery.

Continue reading "Medical Malpractice in Missouri" »

Patients undergo MRIs (magnetic resonance imaging) for various reasons. Whether it’s to discover an injury that an X-ray cannot detect, or to determine the presence of cancer, MRIs are frequently used. When undergoing an MRI, technicians and physicians will turn to a contrast agent, such as Gadolinium, to help alter the images of the area being screened to improve its quality in the results.

These Gadolinium contrast agents are injected into the patients’ bloodstream prior to the MRI scan so that the MRI computer can make an accurate distinction between abnormal and normal tissue. However, once researchers discovered in 2006 that Gadolinium use directly caused nephrogenic systemic fibrosis (NSF) in patients with pre-existing kidney problems, the Food and Drug Administration (FDA) issued an official warning. It is no surprise then, that some patients have become mistrustful of MRIs.

Continue reading "Gadolinium-Based Contrast Agents in MRIs Connected to Nephrogenic Systemic Fibrosis" »

Recent research demonstrates a possible association between a popular magnetic resonance imaging (MRI) contrast agent and the incidence of a rare disease called nephrogenic systemic fibrosis (NSF) in patients with kidney disease, according to a Science Daily report. Nephrogenic systemic fibrosis triggers thickening of the skin, organs and other tissues. There's no effective treatment for this serious, debilitating disease.

NSF is a serious condition. Patients who are afflicted with NSF experience an increase of collagen in the tissues, which causes thickening and hardening of the skin of the extremities. This could result in an inability to move. It could also cause a tightening or deformity of the joints. NSF can develop pretty quickly and could result in the patient becoming wheelchair-bound in just a few weeks. In some cases, other tissues including those of the lungs, heart, diaphragm, esophagus and skeletal muscle could be affected. Since there is no effective therapy or treatment for this disease, chances for recovery are indeed challenging.

Continue reading "Gadolinium Contrasting Agent Linked to Rare Degenerative Disease" »

An article from latimes.com discusses a recent hospital error in Los Angeles that led to eight times the normal dose of radiation affecting hundreds of potential stroke patients who received CT brain scans. In an attempt to follow new protocol that was believed to provide doctors with more useful data in analyzing disruptions in the flow of blood to brain tissue, the specialized type of scan was altered in order to diagnose strokes. Apparently, the error occurred over a year ago, in February 2008, when the CT machines were reset to override the pre-programmed instructions that were originally programmed into the scanner to ensure its proper operation.
Officials at Cedars-Sinai Medical Center stated, “There was a misunderstanding about an embedded default setting applied by the machine…the use of this protocol resulted in higher than expected amount of radiation.”

The problem with the machine went unnoticed for 18 months until August 2009, at which point a stroke patient reported to the hospital that he had experienced significant hair loss after undergoing a scan. What is also shocking is that the machine was used for other kinds of scans as well; however, the reset error is said to have only affected potential stroke patients. After evaluating its records, the hospital discovered and contacted 206 patients who had received the radiation overdose. Many of these patients had experienced reddening of the skin as a result of the scan and approximately 40% had endured patchy hair loss.

Radiation exposure is a very serious issue and is a problem that no one ever expects to experience at a hospital that is supposed to provide a high standard of care to its patients. When medical professionals fail to uphold their duties in ensuring that no harm befalls a patient while he or she is being treated or cared for, incidents of medical negligence or malpractice may result in which an injured patient is entitled to seek compensatory damages for their injuries.

Although this incident of medical malpractice took place in California, similar acts of negligence are also known to occur in Missouri. A few common examples of Missouri medical malpractice claims involve those stemming-around medical professionals:

• Administering improper care


• Abandoning the patient


• Abusing the patient


• Being responsible for prescribed medication error


• Administering improper or delayed diagnosis


• Exhibiting negligence in performing surgical procedures


• Failing to obtain informed consent of the patient

Continue reading "Hospital Admits to Causing Radiation Overdoses" »

No one ever expects that tragedy will take its toll on our loved ones. Birth injuries can be some of the most challenging calamities for new parents to endure, with no mention of the physical or mental conditions the child will have to face for the rest of his or her life. These injuries are painful enough on their own, but knowing that a medical professional caused such a birth defect has the potential of adding even more grief.

According to the State of Missouri Department of Health and Senior Services, approximately 1 in 33 infants in the U.S. are brought into this world with a birth defect and almost 6,000 babies die during their first 12 months. It was also noted that the medical costs to treat and provide care for such birth defects amount to around $2 billion a year.

Of course, parents want their child to receive proper and adequate care for a serious condition, whether it is a brain injury, spinal injury, or other birth defect or injury. And children who have suffered such catastrophic injuries deserve the highest standard of medical treatment. Fortunately, with the assistance of an experienced St. Louis birth defect attorney, compensation to help pay for such treatment may be obtained from negligent medical professionals who are responsible for causing the birth injury.

Continue reading "Missouri Birth Defects Can Devastate Families - You Don't Have to Feel Helpless" »

Medical malpractice claims are a controversial topic in the media; doctors are upset that their professional actions are under attack and that insurance costs are cumbersome to bear, but those injured due to medical malpractice are still rightfully entitled to seek compensation.

The reason medical malpractice is often a hot issue of debate is because the human body is a difficult thing to control, and each person’s body may react differently to medical treatment. However, medical malpractice claims do not aim to correct simple medical reactions, they aim to compensate injured victims for medical actions that don’t follow known standards of health care in the medical community.

Medical malpractice is also described as professional negligence. The term basically refers to the type of claim filed after a health care provider deviates from the common standards of medical practice, causing injury to a patient. Health care providers have a duty of care when undertaking treatment of patients; if they breach said duty and cause injury, they are liable for the injury caused to their patient.

Medical malpractice claims are detailed and slight errors can impact the way these lawsuits turn out. In a recent Missouri medical malpractice claim, a woman’s malpractice action was dismissed because she failed to file the correct paperwork required by the claim.

Continue reading "Malpractice Suit Dismissed Due to Improper Paperwork" »

A $40 million medical malpractice lawsuit was filed by a Woodbury, Tennessee couple, against Middle Tennessee Medical Center, Murfreesboro Medical Clinic and their doctor. The couple alleges the negligence of those defendants, during their daughter's delivery, has caused the girl severe medical conditions.

The couple alleges their daughter, who was born at MTMC, suffers from severe brain damage, cerebral palsy, developmental delay and seizures. The $40 million request is for compensatory damages. Compensatory damages are paid to compensate a claimant for loss, injury, or harm suffered by another's breach of duty.

The suit claims, two nurses failed to follow the doctor's instructions during the girl's delivery. The two nurses were employees of MTMC. The doctor, who delivered this girl at MTMC, was separately in private practice at Murfreesboro Medical Clinic.

The couple claims the doctor was negligent and deviated from standard professional practices too. The defendants claim the couple was negligent because they failed to follow doctor's advice on multiple occasions after the child was born.

In Missouri, the following elements must be proven in a medical negligence claim:

1. Act or omission by defendant that fails to meet the requisite medical standard of care;
2. The act or omission involves negligence; and
3. A causal connection exists between the act or omission and plaintiff's injury or illness.

Continue reading "Couple Files $40 Million Lawsuit Against Medical Center" »