Law Offices of David P. Crandall
Call Today!
free consultation
Local 949-345-1628
Toll free 800-577-8006

Orange County Wrongful Death Law Blog

Medical malpractice suits often necessary after misdiagnosis

What's one of the first things that patients do after receiving a serious diagnosis? For most patients, treatments start right away. However, not all diagnoses are correct. California patients who have been misdiagnosed must live with the aftermath of either not receiving treatment at all or receiving the wrong treatment; additionally, they most-assuredly experience a significant delay in getting the correct care for their illnesses. This type of medical malpractice can wreak havoc on victims' physical and mental well-being.

In 2015, the National Academies of Sciences, Engineering and Medicine issued a report that urged medical professionals to improve their diagnostic practices. The report went on to explain that the vast majority of individuals will be the victim of least one error in diagnosis at some point in their lifetimes. Some of those diagnostic errors have serious consequences, and the report included evidence from autopsies that indicate these types of mistakes account for approximately 10 percent of deaths in patients receiving care. Some of the most commonly misdiagnosed illnesses include heart failure, cancer, pneumonia and general infections.

Essure believed to be defective medical device

Opponents of the popular birth control device Essure expressed their frustration with the Food and Drug Administration for allowing it to remain on the market. Widely associated with many adverse effects and injuries, women in California and across the rest of the United States are suffering while the FDA appears to be doing very little. Currently, the FDA has made only minor recommendations and also requested that Bayer -- its manufacturer -- conduct another study. Some believe this is simply not enough action for what appears to be a defective medical device.

Advertised as a form of permanent birth control, Essure has been linked to several disturbing health issues. Thousands of women reported ongoing headache, fatigue and abdominal pain. Other complaints reported that the Essure device was not easily removed or that it actually broke while still in use. Perhaps most disturbing are the four deaths that have been linked back to the birth control device.

Don't let the insurance company undervalue your serious injuries

Careless drivers, distracted motorists and drunk drivers -- they all contribute to dangerous driving conditions that put others at risk. Car accidents caused by these types of negligent drivers often result in serious injuries. We understand the tremendous burden that these types of injuries place on California victims, and we stand firm when it comes to seeking justice for our clients.

Car wrecks can occur in the blink of an eye, permanently altering the course of a person's future. Negligent drivers rarely want to take responsibility for their actions, especially when their recklessness is related to obvious dangers behind the wheel, such as texting or drinking alcohol. Negligent drivers often have their insurance companies at their backs, refusing payment for necessary injuries at every turn.

Nursing home neglect increasingly documented online

Viral pictures and videos make the rounds of the internet on a seemingly daily basis, but not all of these viral sensations are harmless. Residents of California nursing homes and others across the United States are increasingly exploited by their own caretakers when their pictures are taken and then posted online. This type of thoughtless and even cruel behavior often coincides with nursing home neglect.

The Centers for Medicare and Medicaid are urging nursing homes and other residential facilities to not only educate employees about the ethical aspects of photographing patients, but to also strictly forbid demeaning pictures from being taken in the first place. This comes in light of recent incidents involving nursing home staff recording and sharing instances of abuse. In one case, two workers faced arrests for disregarding their duties to help an 84-year-old resident to the restroom. Instead, police claim they recorded the partially-nude resident while laughing at her.

The VA named in medical malpractice suit by injured veteran

California veterans who have been deployed likely understand the devastating toll that a war zone can have on a person's physical and emotional well-being. Many of these veterans require specialized care upon returning home and re-entering the civilian world, but the VA might not be meeting those needs. In a medical malpractice suit filed by an army major, the VA is accused of acting negligently with his medical care.

The veteran spent time deployed overseas, during which he was injured after a nearby car bomb detonated. He struck his head, was knocked unconscious and was apparently bleeding when he came to. He now experiences ongoing memory loss and chronic headaches and has trouble sleeping. These troubling symptoms were noted by his primary doctor who became worried that he might have suffered a brain injury, and he referred him to be examined by a specialist at the VA.

California wrongful death suit may improve hospital care

Medical facilities hold a position of trust. When people in California go to hospitals or medical centers for help, they depend on the doctors and nurses to treat them with dignity and care. However, the daughter of an elderly woman who died in a local hospital believes her mother was treated as a disposable person because of her age. They are suing the hospital for wrongful death.

The 93-year-old woman arrived at the hospital complaining of a stomach ache. Apparently, after admitting her, the nurse on duty did not assess the woman's pain level. Nevertheless, the nurse gave the elderly woman a dose of a potent narcotic. For some reason, the nurse failed to report this to the other nurses or the doctor on duty. As a result, the patient was given additional painkillers, which sent her into respiratory arrest.

Experts warn AspireAssist is likely a defective medical device

A growing demand for weight loss in the medical community has helped advance different interventions that can help California patients safely and effectively lose weight. However, a recently approved device has drawn harsh criticism from experts, claiming that it is inherently a defective medical device. Much of the concern focuses on the mental impact of the AspireAssist.

Although made by AspireBariatrics -- a northeastern biomedical company -- and used abroad, the AspireAssist was not approved by the Food and Drug Administration for use in the United States until June 2016. Touted as being a more effective alternative to traditional bariatric surgery, the device works by essentially draining out food that has recently been ingested. Patients must manually drain the food by turning an attached valve.

Sexual abuse allegations blamed on nursing home neglect

Advocates for sexual assault victims tend to ignore one of the most vulnerable groups of victims -- the elderly. Nursing home neglect can result in deplorable living conditions and terrifying treatment by staff. California families usually place their loved ones in facilities that they believe will provide the best possible care, and they typically expect that abusive staff will be quickly and severely dealt with.

In March 2015, the administrator of an out-of-state residential nursing home facility was notified of a possible instance of sexual abuse. The alleged victim called the administrator directly to accuse the staff member of committing the act of molestation. In response to the allegations, the employee was moved to a different area of the residential facility and then told to stay away from the patient. Administrators never reported the possible crime to the authorities, a decision that they blamed on the patient's preference for privacy.

Deaths by medical malpractice third only to cancer, heart disease

California patients tend to trust the diagnoses rendered by their physicians, but it is very possible that much of that trust is misplaced. Medical mistakes -- including misdiagnoses or the complete failure to render any diagnosis at all -- are now the third most common type of death in the United States. With such high rates of death, it is also likely that there are untold numbers of patients who are still unaware that they were victims of medical malpractice.

Medical errors only come in third behind cancer and heart disease. While causes of death are not strictly recorded as medical errors, experts on the matter conducted a study that linked a third of all deaths back to mistakes made by medical professionals. The study was based on data from death rates that spanned a recent eight-year period.

Women suffer high rates of medical malpractice after giving birth

Giving birth is often a joyful and empowering moment for California mothers, but for some, it can also be the start of serious medical complications. Undiagnosed birth injuries are startlingly high for women. Perhaps even more troubling is that the full impact of this type of medical malpractice might still not be fully understood.

University researchers recently conducted a study that led them to compare childbirth to the act of completing a marathon. However, there is no training for women to prepare for giving birth. The researchers performed MRIs on a group of women who had given birth within the past seven weeks and looked for possible injuries that might have gone undiagnosed at their six-week checkup. They found that 41 percent of the women had suffered tears in the muscles of their pelvic floor that had not been properly diagnosed. Another 29 percent of the group had fractured pubic bones that had also gone undiagnosed.