Ann Arbor Medical Malpractice Blog

More and more hospitals and clinics are turning to electronic health records as a way to retain patient health history and information. Will these records help keep patients safe and prevent medical malpractice in Michigan?

A recent article in the American Medical News discussed how doctors felt about these devices. Their opinions shed light on the benefits and drawbacks for patients.

Positives of electronic health records

Documentation: First, doctors noted that the EHRs allow them to thoroughly document exams, including providing a complete record of those exams. Thorough documentation means better medical care and, hopefully, fewer medical errors.

Easier to retrieve data: EHRs also make it simpler for physicians to access information. Gone are the days of long paper trails and the inaccuracies that arise from them. Instead, a doctor can use a simple query to find information. According to one doctor, this is "huge ... from a patient safety standpoint." Doctors can now see what other providers have done for a patient and act quickly on that knowledge.

A program created and tested by the University of Michigan Health System encourages doctors to admit to medical errors and start the resolution process as soon as possible. The initiative, called Disclosure, Apology and Offer, was recently launched in seven Massachusetts hospitals, including top facilities in Boston.

The goal is to reduce defensive medicine practices that raise health costs nationwide and provide an alternative means of resolving disputes in some cases. The program has already seen success in cutting costs and providing more reliable compensation for injuries caused by medical malpractice. Federal grants will expand the program to hospitals across the country.

In the last blog post, we discussed communication errors that can lead to medical malpractice. One cause of communication errors is language barriers. If patients are unable to communicate their symptoms or health histories to their doctors, there is certainly an increased risk of error.

That is why a study in the Annals of Emergency Medicine recommends that emergency rooms hire professional translators. According to the study, serious emergency room errors were two times more likely when interpreters were not present or the interpreters were family members or other amateurs.

Many people conduct research on the internet prior to making a major purchase or choosing a professional service. The internet has made information available to everyone at the touch of the keyboard. For well-informed consumers, there is another area in which knowledge is imperative - personal health and medical treatment.

More patients are going to doctor's offices armed with information regarding specific symptoms. This information may be right or wrong, but at the very least, it can spark a quality conversation between the doctor and patient.

Discussing particular symptoms, life style and other issues with a doctor can help a patient and doctor start down the path to making informed decisions about the right course of treatment. However, a new study recently discovered that doctors may not reciprocate with patients in the exchange of information. And this can lead to medical malpractice.

Our medical malpractice clients often don't just want to know why they were injured by a doctor or hospital; they also want to know what they can do to prevent the same thing from happening to someone else.

Medical malpractice lawsuits are one of the most important ways to hold negligent medical professionals accountable for what they do. Yet, a lawsuit alone will not necessarily stop someone else from committing the same error. Instead, we must also advocate for patient safety in Michigan and across the country.

Brachial plexus injuries are very common during difficult births. In fact, somewhere between .3 and 2 injuries occur every 1,000 births.

The brachial plexus is the network of nerves between the neck and the arm. If damaged, function of the arm can be impaired.

Injury to the brachial plexus often occurs when a baby's neck is pushed to the side during prolonged or difficult delivery. Sometimes, medical professionals may need to deliver the infant quickly, using force that stretches the infant's neck and causes injury.

Most infants (90-95 percent) fully recover from their injuries. Those that do not may have scar tissue from the injury, a rupture to the nerve or an avulsion, which occurs when the nerve is separated from the spinal cord.

Yesterday, the U.S. House passed a bill that would repeal the Independent Payment Advisory Board (IPAB) as well as enact HR 5 (Help Efficient, Accessible, Low-Cost, Timely Healthcare - HEALTH - Act). HR 5 would create federal medical malpractice caps (commonly known as "tort reform").

Originally, the IPAB bill was separate from the medical malpractice caps, but House Republicans combined the bills last week. While the IPAB repeal bill (which would repeal a 15-member board that analyzes the cost of Medicare) had support from both Republicans and Democrats, the medical malpractice caps did not. Only five Democrats voted in support of the full bill.

According to the President of Consumer Reports, Jim Guest, the Food and Drug Administration needs to do more to protect the American people from defective medical devices.

"This isn't science fiction. Millions of medical devices, including artificial hips, contact lens solution, heart stents, and pacemakers, are being recalled - 700 different products a year," Guest wrote. And many of these devices, he pointed out, were never properly tested.

That is because the Food, Drug and Cosmetic Act allows a faster process for some low- and moderate-risk devices. Known as Pre-market Notification, or 510(k) approval, this process has led to the approval of a number of high-risk devices that caused death or life-threatening injuries, including synthetic mesh devices (surgical mesh) and Johnson & Johnson's DePuy hip implants.