Rhode Island Injury Lawyer Blog

Several hundred RI women were implanted with non FDA approved IUD devices (a form of birth control) at some of the biggest OB-GYN practices in the State. It is a story that I have written about in the past and which seems to continue to grow. An up to date list of doctors who used non FDA approved IUD devices is available from the Rhode Island Department of Health.

Today I had the pleasure and good fortune to be interviewed by Rhode Island Lawyers Weekly as they prepare an article on this very subject. We discussed whether the actions of these doctors amounts to medical malpractice and what options the victims may have in seeking compensation. Any medical malpractice case requires both medical negligence and damages. While the facts surrounding this story suggest medical negligence, the extent of the injuries sustained has yet to be determined. I believe that this is a medical battery and a procedure performed outside of the scope of the implied consent. Therefore, there is some value in the case, but it may not be a lot of money.

What these doctors need to fear is a patient coming forward who became pregnant while on the non approved IUD device. In that medical malpractice claim for unwanted pregnancy, the doctor or facility is potentially liable for the entire cost of raising that child to the age of majority which as we all know is hundreds of thousands of dollars.

As I continue to tell the female victims who call my office: 1) contact the RI Department of Health; 2) contact a primary care physician or other trustworthy OB-GYN; 3) seek alternate forms of birth control and do not rely on the IUD device because it may fail.

Continue reading "Attorney Joseph Lamy Interviewed Regarding OB-GYN Use of Non FDA Approved IUD Devices" »

The Study which appears in the Journal of the American Medical Association shows that many doctors will not report their colleagues who are clearly unfit to practice medicine. Doctors are able to report to work drunk or while addicted to drugs with little fear of retribution. Even outright incompetence is rarely reported by other doctors.

In the study, 17% of the doctors surveyed had DIRECT knowledge of an incompetent or drug addicted physician in their workplace. Of those doctors, one third failed to report their knowledge to superiors. Among the reasons given for failing to act: belief that someone else will take care of it; that nothing will be done; retribution for being a whistle blower. One fifth of all doctors having direct knowledge of drug or alcohol abuse is a very large number. The number of physicians who may suspect that their colleague is on drugs or incompetent will be much higher.

The American Medical Association holds that it is an ethical requirement for any doctor with direct knowledge of mental impairment or incompetence of another doctor to report such knowledge. Unfortunately, too many incompetent doctors continue to work every day.

Despite extensive training and preparation, doctors do make mistakes every day leading to medical malpractice.

Continue reading "Study Shows Doctors are Unlikely to Blow the Whistle on Incompetent Doctors" »

After my recent post indicating that OB-GYN Associates is being investigated by the Rhode Island Department of Health, it now turns out that two more popular practices, Bayside OB-GYN and the Center for Obstetrics and Gynecology, are now also under investigation. All three facilities are being investigated for using non FDA-approved IUD devices that were purchased from foreign countries, presumably for less money.

The IUD device is a form of birth control that is placed inside the uterus to prevent pregnancy. Non FDA approved devices may be ineffective in preventing pregnancy. All three facilities are now required to inform the patients that received the non FDA approved IUD.

This is a fascinating story and it is unclear how far this investigation might stretch. If you, a friend, or family member is or previously was a patient of these practices and became pregnant while under the IUD device, you may have a case for medical malpractice.

Continue reading "Update on The IUD Investigation in Rhode Island" »

The Rhode Island Department of Health has released a statement reporting that they are now investigating OB-GYN Associates for using non-FDA approved IUDs. OB-GYN Associates is a very popular practice group in Providence and this news must come as a shock to its thousands of patients.

IUDs are a form of birth control which is physically inserted into the uterus to prevent pregnancy. The Department of Health believes that OB-GYN Associates may have been purchasing non-FDA approved versions of Mirena and Paragard, popular versions of IUDs. Use of non FDA approved medicines, including IUDs is prohibited by law.

It is possible that over 500 women may have had the non FDA approved device inserted in the past year at OB-GYN Associates. The primary concern in using a non approved version of the medicine is that it will be ineffective. In this case, the IUD may be ineffective in preventing pregnancy and may result in unwanted pregnancy. Unwanted pregnancy caused by the negligence of a doctor is medical malpractice and if you believe that your unexpected birth may have been caused by doctor negligence then you need to contact our office right away.

If these accusations are true, it remains unclear what motive OB-GYN may have had to purchase non approved drugs from a non approved facility. The most likely explanation is decreased cost. It is also unclear if OB-GYN associates will be investigated for the use of any other non FDA approved drugs in their practice. If you feel that you may have been effected by this illegal practice, contact the Rhode Island Department of Health right away.

Continue reading "Rhode Island Department of Health is Investigating OB-GYN Associates" »

If you have been injured by a dentist, you should be aware that dental malpractice is medical malpractice and will be treated in a very similar way. Much like doctors, we place our trust and oral health in the hands of dentists and they must exercise due care in treatment of patients. But problems may, and often do, occur. Some common examples of dental malpractice for which you might have a case include:

• Unnecessary extraction of teeth
• Extraction of the wrong tooth
• wrongful death from a dental procedure
• Nerve damage effecting the ability to taste or causing permanent numbness
• Failure to detect periodontal disease or oral cancer
• Dental product liability claim
• Anesthesia injury or death
• Treatment exceeding the scope of consent

As with medical malpractice, dental malpractice cases are difficult to prove and will most likely require litigation. However, if the injuries are severe and it appears that there may be liability it is absolutely worth speaking with an experienced personal injury attorney to discuss the merits of your case. If you have experienced any of the above injuries or other dental injury that caused serious injury or impairment in Rhode Island or Massachusetts, contact our office right away.

Continue reading "Dental Malpractice in Rhode Island and Massachusetts" »

Cerebral Palsy is a permanent disorder affecting motor skills and coordination. It is caused by damage to the motor control center of the brain (cerebrum) and can occur in utero, at birth, or up to three years after birth. Newborn children may not immediately display signs and symptoms of Cerebral Palsy but you should immediately contact a doctor if you notice any of the following:

• poor coordination
• stiff muscles
• unusual posture
• involuntary movements
• difficult or delayed crawling and walking

Cerebral Palsy and Child Birth Medical Malpractice

There are many forms of Cerebral Palsy and the condition can occur for any number of reasons, some of which are unavoidable. A percentage of Cerebral Palsy cases, however, occur due to medical error during childbirth.

Infection, head injury and lack of oxygen are three of the ways in which Cerebral Palsy can occur during childbirth. A few of the mistakes that doctors might make during delivery leading to Cerebral Palsy are:

• Failure to detect and treat a prolapsed umbilical cord
• Improper use of forceps and/or vacuum
• Leaving the child in the birth canal too long despite lack of oxygen
• Inadequately responding to fetal distress or changes in the fetal heart rate
• Failing to perform a C-section despite fetal distress
• Failure to identify and treat seizures after delivery

All medical malpractice cases are a challenge and the burden is on the plaintiff to prove that a child's Cerebral Palsy was caused by doctor error and not another cause. If your child has recently been diagnosed with Cerebral Palsy, especially if the child had a difficult birth experience, it is in your best interest to contact an attorney right away.

Damages for medical malpractice

Victims of Cerebral Palsy are unable to operate in society and in the workforce at the same level as others. They may also suffer a reduced IQ. Therefore, Cerebral Palsy is truly a life changing condition. While it may be impossible to place a value on such a condition, one report conducted in 2003 suggested that those suffering from Cerebral Palsy lost $921,000 due to medical expenses and inability to work.

This amount, which already seems slightly low, does not include damages for pain and suffering which could be in the millions.

Unfortunately, there is no known cure for this terrible condition.

Continue reading "Examining the Link Between Cerebral Palsy and Medical Malpractice" »

The battle over tort reform is being fought on every front, namely, media and public opinion, federal and state legislatures, and the judicial system. In Illinois, at least, the Supreme Court has stood up for its citizens civil rights and rejected a state law capping damages in medical malpractice lawsuits, finding that such a statute violates the separation of powers between the judicial and legislative branches. More specifically, it was determined that legislative caps on pain and suffering interferes with the Courts rights and discretion to reduce jury verdicts.

The Illinois law in question sought to cap damages against Hospitals at $1 million dollars and $500,000 against doctors and other health professionals. The case, Lebron v. Gottlieb Memorial Hospital, is one of many similar cases being fought across the Country right now.

Medical malpractice caps do not work, result in substandard medical care, and is not the magic fix-all for the healthcare crisis that certain interest groups deem it to be. Furthermore, several studies show that doctors actually pay less in malpractice premiums, when adjusted for inflation, than they did decades ago. The latter study stemming from our own Commonwealth of Massachusetts.

I have indicated in previous posts, here, and here, that tort reform is not the answer to this Country's health care problems. For one, the Congressional Budget Office has declared that malpractice costs are minimal in the large scheme of things. Second, medical malpractice attorneys, despite large potential reward, will only accept a very small percentage of cases. This is because it costs tens of thousands of dollars to bring a medical malpractice lawsuit, and many medical malpractice cases are unsuccessful. Therefore, if only the most obvious of medical errors are being challenged in the court systems, a great many errors go unpunished. This seems to combat the impression that doctors face countless "frivolous" lawsuits at the hands of greedy plaintiff attorneys.

Let's hear it for the Illinois Supreme Court. They have recognized that the judicial system is the best vehicle for protecting innocent doctors while awarding victims truly harmed by medical error. Let's hope that all States will follow their lead.

As a result of a new case, I had to conduct some research on the tolling (or lack thereof) of the statute of limitations in Massachusetts as it pertains to medical malpractice and children. Rhode Island General Law 9-1-14.1 allows for a tolling of the statute of limitations until the victim turns 18. The plaintiff then has three years from that date in which to file suit.

Massachusetts' law is not as kind as Rhode Island's law. Massachusetts General Law, Chapter 231, Section 60D states:

Notwithstanding the provisions of section seven of chapter two hundred and sixty, any claim by a minor against a health care provider stemming from professional services or health care rendered, whether in contract or tort, based on an alleged act, omission or neglect shall be commenced within three years from the date the cause of action accrues, except that a minor under the full age of six years shall have until his ninth birthday in which the action may be commenced, but in no event shall any such action be commenced more than seven years after occurrence of the act or omission which is the alleged cause of the injury upon which such action is based except where the action is based upon the leaving of a foreign object in the body.

In summary, the statute of limitations does not toll for minors in Massachusetts unless the child victim was under the age of 6 at the time of the negligence. In which case the child has until his ninth birthday in which to bring a lawsuit. In no situation, however, can a lawsuit be brought more than seven years after the occurrence of the negligent act.

Continue reading "Massachusetts Statute of Limitations for Injuries to Children" »

Despite several weeks of litigation, the jury will not make a determination in the case of Michael Woods vs. Kent County Hospital. Prior to closing arguments, the two sides have agreed to settle the matter.

Actor James Woods and his family brought the lawsuit against Kent County Hospital alleging that their emergency room staff was medically negligent and ultimately caused the death of Michael Woods in 2006.

The full details of the settlement were not released to the public, however, the Providence Journal reports that the settlement will include the creation of the Michael J. Woods institute at Kent Hospital. Per the settlement agreement, the hospital has promised to invest 1.25 million dollars over the next five years in the institute with the intent of improving hospital care and procedure, particularly in the emergency room. In addition, the settlement provides financial support to Michael Woods surviving children, which according to James Woods, will leave them financially secure.

Following the settlement, a spokesperson for Kent admitted that mistakes were made. Michael Woods entered the emergency room shortly after 4pm with acute onset vomiting. An EKG showed an abnormal heartbeat and he was ordered to be placed on a heart monitor by the treating physician. The nursing staff, however, never followed through with this instruction. Instead of being placed in a room, Michael Woods remained on a gurney parked in the hallway. James Woods stated that no one in his family knew where his brother was for over an hour and a half. At 7:10pm, Michael Woods suffered a heart attack and was pronounced dead shortly thereafter.

The NY Times published this piece by David Leonhardt, which I believe does a great job of avoiding the emotion of the subject and examining the matter on the facts alone.  Tort reform is on everyone's lips as we discuss changes to our health care system, but there is no valid reason why.  Our health system is a mess for a number of reasons, the least of which is the plaintiff bar.  Mr. Leonhardt cites economists who say:

The direct costs of malpractice lawsuits -- jury awards, settlements and the like -- are such a minuscule part of health spending that they barely merit discussion...

...All told, jury awards, settlements and administrative costs -- which, by definition, are similar to the combined cost of insurance -- add up to less than $10 billion a year. This equals less than one-half of a percentage point of medical spending.

I have made the point in previous posts, that very few medical malpractice cases are accepted by attorneys and/or go to trial.  The high cost of a lawsuit and the difficulty in proving medical malpractice prohibits excessive lawsuits.  Mr. Leonhardt supports my opinion:

After reviewing thousands of patient records, medical researchers have estimated that only 2 to 3 percent of cases of medical negligence lead to a malpractice claim.

Contrary to the perception of some, we do not have a court system backlogged with frivilous medical malpractice lawsuits which are causing the death of our health care system.  The number of cases and costs attributed to medical malpractice litigation is astonishingly low in comparison to the total cost of our health care system.

Mr. Leonhardt does criticize the current system by pointing out that fear of malpractice leads to defensive medicine which is often wasteful.  Unfortunately, there is no solution to combatting defensive medicine.  States that have medical malpractice caps, or other legislation meant to curb litigation, often have similar amounts of spending.  One reason could be that doctors are paid more for doing more, and the excess testing and treatment is as much financial opportunism as it is defensive medicine.

It's only been a few short months since a major Rhode Island Hospital was in the news because of wrong-site procedures, but today the Providence Journal is reporting that the interventional radiology department at Kent Hospital has been placed on 6 months probation by the Rhode Island Department of Health. 

Kent County reported to the Dept. of Health that a patient had a long term IV catheter inserted into the wrong arm and reported a second incident while the first was still being investigated!   The second incident concerned a patient who had X-ray dye injected into the wrong hip. 

The detailed report from the Department of Health is located here.

Our own Senator was quoted in a recent op-ed piece in the Wall Street Journal written by Philip K.  Howard.   In the piece entitled, "Health Reform Requires Lawsuit Reform," Mr. Howard advocates for the creation of a special health court akin to Workers Compensation Courts to replace the jury in medical malpractice trials.

As a plaintiff attorney and member of the American Association for Justice, my opinion on the matter is obvious.  Not only is the jury system necessary to our system of justice, but numerous reports have shown that changes to the malpractice system can not and will not save our battered health care system.  In 2008, the Congressional Budget Office reported that the "CBO has not found consistent evidence that changes in the medical malpractice environment would have a measurable impact on health care spending." 

The scare tactics of tort-reformers overstates the situation greatly suggesting that there are countless frivilous suits filed daily to shake down doctors.  Anyone who has approached an attorney with a potential malpractice claim knows that quite the opposite is true.  Unless the damages are staggering and the negligence somewhat clear, no attorney in the world is going to attempt to file a lawsuit because of the prohibitive cost.

Tort reform costs us all our constitutional right to civil compensation for the wrongs suffered and this cost far outweighs the meager benefit to our health care system.  I want to applaude our Senator for protecting our rights for as he states himself, the jury trial "our protection against tyranny of the majority."

A study published in the Archives of Internal Medicine shows that doctors and medical centers often fail to inform patients of clinically significant test results.  The test included a review of over 5000 randomly selected patients from a variety of clinics and medical centers.  The findings show "the rate of apparent failures to inform or to document informing the patient was 7.1%."

Failure to diagnose an illness or medical condition has often been determined to be medical negligence.  I expect to see a growing number of medical malpractice cases based on failure to properly inform a patient of clinically significant results.   These clinics must understand that if a patient does not hear from their doctor after a test or blood work is done, he or she will assume that everything was normal.  Any patient who fails to seek or obtain medically necessary treatment because he or she was unaware that it was needed, should have a case for malpractice.  If you or a loved one believes that you have been harmed by a failure to be informed of clinically significant test results, please contact our office for a free consultation.

Special thanks to thepoptort.com for bringing this article to my attention.

The Rhode Island Supreme Court in an opinion authored by retiring Chief Justice Williams, upheld a $500,000 medical malpractice settlement against a Barrington urologist.  The plaintiff Woon Kam Youngsae sufferred from kidney disease and ultimately had to undergo a kidney transplant. 

One of the issues on appeal was Dr. Jacques Susset's inability to produce certain diagnostic and visit reports pertaining to the plaintiff.  In her instructions to the jury, trial Justice Gibney stated:

"Under certain circumstances, spoliation of evidence may give rise to an adverse inference that the missing or spoliated evidence evidence would have been unfavorable to the position of the party unable to produce it. A showing of bad faith is not required before the jury will be permitted to draw this inference."

Attorneys for the defense argued that such an instruction unfairly prejudiced the jury, but Williams writing for a unanimous Court said that the instructions did not so prejudice the defendant as to warrant reversal. 

It is only reasonable that juries be allowed to make a negative inference when doctors are unable to produce records because medical malpractice cases are built on the records written and in the possession of the defendant.  A plaintiff's only chance at justice requires truth and accuracy in medical reporting.

A surgeon at Hasbro Children's Hospital began operating on the wrong part of a patients mouth before realizing the error and performing the required surgery on the appropriate area of the mouth.  It is unclear what injuries the child may have suffered as a result of the mistake, but at the very least I am sure he will endure additional scarring and pain.

One would think that such mistakes are impossible, after all this is as obvious as medical malpractice gets, yet this is the fifth time that a surgeon at a Lifespan hospital has operated on the wrong part of the body in just the last two years.   Following the investigation, the surgeon and surgical team has been placed on administrative leave.

UPDATE: On October 23, the Rhode Island Department of Health is reporting another incident of wrong site surgery at Rhode Island Hospital.  Appears that it has happened again.