Columbus Personal Injury & Wrongful Death Legal Blog

Diagnostic errors behind one third of fatal malpractice cases

Some 12 million people in Ohio and across the U.S. suffer as a result of a diagnostic error in a primary care setting. Now, researchers at the Johns Hopkins University School of Medicine have found that misdiagnoses and delayed diagnoses are behind one in three malpractice claims involving a serious disability or death. Therefore, they are the leading reason behind serious medical errors.

For their study, researchers analyzed 55,000 malpractice claims in the national Comparative Benchmarking System. The majority (74.1%) of those involving a serious diagnostic error were linked to one of three major conditions: cancer, vascular events and infection.

Wife of man who died in beer cooler files wrongful death claim

The widow of an Ohio beer-dispensing system inventor who was found dead inside a baseball stadium beer cooler has filed a wrongful death lawsuit seeking compensation for damages. The death happened in Georgia in June 2018.

The victim, a 48-year-old father of four, patented a beer-pouring system called "Draftwell", which was designed to reduce the amount of time it takes to pour a pint of beer from an average of 14 seconds to just five seconds. He marketed the invention to sports stadiums and installed it in two Major League Baseball parks. He was in the process of installing the system in a third venue, the Atlanta Braves' SunTrust Park, when he decided to work an overnight shift. He was found dead in a concession stand beer cooler the next day. According to police investigators, he died after being exposed to carbon dioxide that was leaking from the draft beer system in the park.

Your baby may be suffering due to midwife negligence

As a new mother, you will want to protect your child from harm at all costs. If you have already noticed that your baby is not developing or progressing as they should, you will want to know why, so that their issues can be dealt with as quickly as possible. One of the most common causes of delayed physical and mental development among young children is, sadly, preventable birth injuries.

Birth injuries count as any type of injury that occurs during the process of delivering a child. In most cases of birth injuries, the baby was completely healthy in the womb. Complications arising during delivery can cause the child to suffer from life-altering injuries, and, in many cases, these situations occur due to midwife negligence. It is important that you understand the common reasons why birth injuries occur, and how midwife negligence can play a role.

DUI fatalities on the Fourth of July

Every year, many Ohio residents flock the streets to celebrate the Fourth of July. While the day is full of fun and fireworks, it is also considered to be one of the deadliest days of the year. According to a study of DUI fatality data, car accident fatalities involving drunk drivers were estimated to be 57% more likely to occur on the Fourth of July than other days.

In 2017 alone, 184 car accident fatalities involving drunk drivers occurred during the holiday weekend. In addition, the Fourth of July seems to become even more deadly if the holiday falls on a Wednesday. According to the report, the DUI fatality rate was 43% higher when the Fourth of July fell on a Wednesday than when it fell on a Saturday.

How research can prevent drunk driving

There were more than 200,000 injuries caused by drunk drivers in Ohio and throughout the country in 2017. According to the president of Mothers Against Drunk Driving (MADD), it is imperative that the automotive industry do whatever it can to make sure that drunk drivers cannot operate motor vehicles. A combination of state and federal funds is currently helping to spur the development of the Driver Alcohol Detection System for Safety.

It can detect alcohol in a person's breath and won't allow the car to start if an individual has a blood alcohol content of .08% or higher. A touch-based system could be available at a later date according to an individual who is helping to run the program. The breath-based system is currently being tested and could be available for wider release at some point in 2020.

Your child's broken bone from a crash can cause lasting issues

Thousands of people in Ohio get into car crashes each year. The majority of those collisions involve mild or moderate injuries to the people in the vehicles. Usually, those injuries only require short-term medical care. Other times, the consequences of injuries from crashes can be more profound and lasting.

An injury that may initially seem relatively minor can prove to be more serious than you might expect. Sometimes, this is because of delayed onset symptoms, which are common with conditions like traumatic brain injuries. Other times, an injury that seems simple to treat can have more lasting consequences than the average injury of that type.

Study discovers medical reversal with over 400 accepted practices

Researchers have found that over 400 medical practices, all of them very common, are in fact ineffective. The results of the study, which were published in eLife, are intended to help clinicians and researchers in Ohio and across the U.S. care for patients more effectively and more economically.

Researchers from the Oregon Health & Science University discovered these medical reversals after reviewing 3,000 articles involving randomized controlled trials. These articles had all been published in the past 15 years by journals like the Lancet and the Journal of the American Medical Association. In those 3,000 articles were 296 instances of medical reversals.

Causation: the hurdle in many malpractice cases

Ohio residents who believe they were harmed through the negligence of a doctor, nurse or other medical personnel should know that proving this is perhaps the hardest step in medical malpractice claims. It is one thing to prove that the defendant failed to live up to an accepted standard of medical care, but it is another to link this with the injury.

For example, a surgical procedure might come with known side effects that arise even if the surgeon commits no errors. If a surgeon commits an error and the patient develops complications, the burden will be on the patient to show how one led to the other.

Is an opioid overdose case medical malpractice or wrongful death?

Many people feel surprised when they learn that their loved one had an opioid addiction. Most people who struggle with an addiction take great pains to hide it from the people whom they love the most. That can leave you with more questions than answers after the unexpected and tragic loss of someone you love due to an opioid overdose.

In that scenario, you may find yourself wanting to take legal action against the people involved in supplying your loved one with deadly drugs. You may find yourself wondering whether the best strategy involves filing a medical malpractice lawsuit against a doctor or perhaps seeking compensation for a wrongful death.

Some Alzheimer's patients may suffer from another disorder

Alzheimer's can be a devastating illness for patients in Ohio and their families. However, some people with an Alzheimer's diagnosis may actually have a different form of dementia. Scientists say that the search for a cure is not affected by the discovery, but it is important to understand the differences between the two in order to learn more about how and why people develop dementia.

Neurodegenerative diseases, including Alzheimer's, lead to a gradual inability to handle tasks and loss of mental acuity and fitness. Most people who are diagnosed with dementia are considered to be Alzheimer's patients. However, according to one study, thousands of people are misdiagnosed with Alzheimer's who are actually suffering from different forms of dementia. As a result, they may receive inappropriate medications or ineffective treatments designed to combat amyloid plaques, proteins that form in the brain and kill neurons for patients with Alzheimer's. While these plaques can be detected with a PET scan, they cost thousands of dollars and most insurance companies do not cover the scans, especially as there is still no cure for Alzheimer's.

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