Header image

A recent article on CNN Health discusses “How to avoid falling victim to a hospital’s mistakes.” The article contains good advice for avoiding identification mistakes such as mixing you up with another patient or operating or performing procedures on the wrong side or wrong body part.Their advice?1. Clearly identify yourself, using your full name and your date of birth and state the reason you are there, such as “I am here for gollbladder surgery”.2. Demand that they check your ID bracelet. Why? Because nurses, techs and doctors are supposed to confirm your identity in two ways–usually verbally and by the ID bracelet.3. Demand that they confirm in your chart what they are doing.4. If having surgery, demand that the surgeon mark up your surgical site before you are anesthetized. Better yet. My advice? Do it yourself! If you are having surgery on your right knee, mark “NOT THIS KNEE” on your left knee. Surgery on the wrong side is not uncommon. It happens so regularly that Medicaid/Medicare has declared that they will no longer pay for such mistakes.5. Be impolite. If you suspect that something is wrong, don’t simply assume that the nurse or doctor is right. Ask questions, demand answers.Your best defense against medical malpractice? Ask questions. Demand answers. Write down what is going on and what is said. If you get conflicting information or orders, demand an explanation. Nurses refer to people who do this as “scribblers.” But if you ask nurses and doctors what they do when their spouse, child, or parent is int he hospital and they will all tell you that they become “scribblers”. You’d much rather be known as a scribbler than need the services of an attorney.But … if you do, please call or contact me.Todd N. Hendrickson, P.C.

We’ve all heard the talking heads and seen the news stories: “There are too many frivolous lawsuits,” “doctors are fleeing because of malpractice suits,” and “malpractice claims have driven up health care costs.” The fact is, these are simple myths touted by the insurance industry to frighten us so that we help them to remain as the most profitable industry in the country.A new paper by the American Association for Justice debunks these myths.For example:Myth: Malpractice claims drive up health care costs.Truth: The total cost of paying and defending malpractice claims is less than 1% of the cost of health care–in fact, .3%.Myth: Doctors are fleeing/Truth: According to the AMA the number of doctors is continually increasing, not decreasing.Myth: Tort reform will lower doctor’s insurance premiums.TruthL Tort reform has never resulted in lower premiums for doctors. What it has resulted in is increasingly larger profits for insurance companies.Know the truth about the malpractice myths.

On October 1, 2009. a jury in the Federal District Court of Southern Illinois in Benton, Illinois returned a $600,000 verdict in a difficult survival action. I represented the Estate of Jennifer DeArmon in a case against Primary Care Group and Dr. Vinay K. Mehta, a general surgeon.After 4 days of evidence, the 7 person jury took less than 90 minutes to find that Dr. Mehta was negligent in perforating the superior vena cava (the main vein returning blood to the heart) while placing a central veinous catheter. Jennifer DeArmon, who suffered from a form of muscular dystrophy, had been wheelchair bound since age 6. Her disease, anterior horn cell disease, progressively weakened her muscles, leaving it difficult for her to cough and clear her lungs, resulting in frequent bouts of pneumonia. She had been hospitalized for two weeks in December 2004 before Dr. Mehta attempted to place the catheter. As a result of the perforation, Jennifer was transferred by air ambulance to another hospital. She was hospitalized for more than 2 months following the perforation and her health deteriorated. In July 2005 she passed away from unrelated causes.It was my honor and pleasure to have met Jennifer shortly before her death and to go on and represent her Estate.If you or a loved one has been injured as a result of medical malpractice, please contact me at 314-721-8833 or use the Contact form on this page.