G. Eric Nielson & Associates, LLC

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2010-04-23T12:51:00.001-07:00

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Gentamicin Ototoxicity is a Preventable Medical Error

2010-04-08T16:25:00.000-07:00

Antibiotics are frequently used to treat a variety of bacterial infections. There are a number of different kinds of antibiotics, and they are used to treat specific kinds of bacteria. Although all medications have risks, most antibiotics are relatively safe.

Aminoglycoside antibiotics are a potent class of antibiotics, and include such drugs as tobramycin, neomycin, vancomycin and gentamicin. All aminoglycosides are toxic to the sensory cells of the ear. Gentamicin is a vestibulotoxin, because it can damage the eighth cranial nerve. This results in the patient experiencing loss of balance and vertigo.

Because of the high risks associated with gentamicin, it should only be selected as a last resort. When a doctor prescribes gentamicin, he or she should closely monitor the levels of the drug, as well as the patient's kidney function.

Unfortunately, many doctors prescribe gentamicin without carefully considering what is best for the patient. Additionally, they fail to order periodic testing of serum gentamicin levels and basic renal function tests.

This can be catastrophic for patients, who are suddenly forced into a world of perpetual dizziness and imbalance. They can no longer operate vehicles, go out on boats, be in crowds, swim, or carry on many of the daily activities we take for granted. In some cases, patients suffer deafness and severe kidney damage as well.

There is a group called "Wobblers Anonymous" that offers support for those that have been injured by negligent gentamicin prescriptions. The group offers encouragement and advice for people learning to adapt to these difficult new conditions.

Often, treatment requires regular visits with specialists and physical therapists that help injured patients to compensate. But these therapies can be expensive, and it isn't the patient's fault that the doctor was negligent in prescribing gentamicin therapy. If you or someone you know has been injured by gentamicin poisoning, there is help. The Utah medical malpractice attorneys at G. Eric Nielson & Associates are experienced gentamici n lawyers, and have recovered millions of dollars for patients to help them pay for treatment, and to compensate them for the loss of quality of their lives. If you have questions, you can contact us for a free, no obligation consultation today.

801-424-9088

Questions about Pharmacy Errors

2010-03-11T14:41:00.000-08:00

Can a pharmacist be sued for filling a prescription incorrrectly?

Maybe. To pursue financial compensation for a mistake your pharmacist made, you will need to prove that you suffered injury directly caused by that mistake.

In that case, the pharmacy error could be considered a form of medical malpractice.

What is a pharmacy "Misfill?"

A pharmacy misfill is a general term that can encompass a variety of pharmacy mistakes, including:

Filling the wrong medication
Giving a patient the wrong medication strength
Providing incorrect information on frequency/dosage of a drug
Selection of the wrong drug
Giving a medication to the wrong patient

How can pharmacy errors be prevented?

Pharmacists should take several approaches to prevent pharmacy mistakes, including:

Maintaining security and a safe dispensing environment
Adapting standard, non-negotiable dispensing procedures
Separating storage of medications with similar product names and/or appearances
Keeping pharmacy workloads at reasonable levels for staff
Finding ways to keep interruptions at bay when processing prescriptions
Taking advantage of electronic patient records and e-prescribing systems from physicians to patients
Developing relationships with patients and their medical histories

Are you concerned that you may be a victim of a pharmacy error? Our Utah medical malpractice attorneys at G. Eric Nielson & Associates, LLC can help answer your legal questions at 866-605-4556 (toll-free).

Medical Errors Increase While Malpractice Payments Drop

2010-03-11T14:04:00.000-08:00

Insurance companies and their lobbyists have made much over the supposed "malpractice crisis." They have used this mantra, along with unfounded threats of rising costs and doctor desertion, to enact legislative restrictions on the rights of injured citizens to recover. I recently wrote about Utah's newest tort reform proposals in the Salt Lake Tribune, but to no avail. Although the bill was modified, it still imposes economic restrictions on the rights of recovery, and makes the process longer and more expensive for malpractice victims.

Of course, tort reform is nothing new in Utah. Utah has had some of the most aggressive tort reform laws in the nation for over thirty years. Ironically, while the legislature is busy passing even more pro-insurance, anti-victim laws, reports are coming out that medical errors are increasing. Today, the Deseret News reported that MEDICAL ERRORS ARE INCREASING IN UTAH. This should come as no surprise. Thanks to the legislature's special favors to the health care industry, there is no longer much accountability for medical errors.

So we're all at greater risk when we go into a hospital. At least this will lower doctors' malpractice rates, which will in turn save money in health care costs, right?

Wrong.

As reported in Healthcare Finance News on March 10, 2010, medical malpractice payments are steadily on the decline. Indeed, this simply continues a a five year trend.

The facts show that malpractice payments have been dropping for years. Why haven't malpractice premiums gone down, and taken health care costs with them?

Maybe the Utah State Legislature should ask the insurance lobby these questions before passing more laws reducing accountability for medical errors....

What Are the Four Elements that Must Be Proven in a Medical Malpractice Case?

2010-02-26T12:10:00.000-08:00

Medical malpractice law falls into the general legal category of personal injury law. Personal injury law is also called "tort" law.

The laws governing torts and medical malpractice allow injured patients to recover monetary damages for a medical professional's recklessness, carelessness, negligence, or intentional poor decision.

All tort cases, including medical malpractice lawsuits, must prove these four elements:

Duty - A medical provider must have had a professional duty to provide care to the patient who suffered the injury. When a patient seeks out a doctor for care, that duty exists.
Breach of Duty - The medical provider must have failed to fulfill his/her duty to the patient by not exercising an appropriate standard of care and skill.
Damage - The patient must have suffered an injury while the medical provider was treating him or her.
Cause - The injury must have been caused by the medical provider's breach of duty.

Only when all four of these medical malpractice elements have taken place does a case exist.

If you would like to discuss the specifics of a medical malpractice claim, the Salt Lake City, Utah medical malpractice lawyers at G. Eric Nielson & Associates, LLC can help answer your legal questions at 866-605-4556.

Study Shows that Some Heart Doctors Put Profits Before Patients

2010-01-13T13:24:00.000-08:00

Today a report was released that showed that many heart doctors, or cardiologists, are not following the treatment guidelines recommended for treatment of coronary artery disease (CAD). The guidelines, published by the American College of Cardiology and the American Heart Association, recommend that in some cases, coronary artery bypass surgery should be done instead of angioplasty.

Bypass surgery, however, is a time intensive and complicated process. Some procedures can take all day. Angioplasty, on the other hand, is a relatively minor procedure, so cardiologists can perform--and bill for--multiple procedures in a single day.

It is much more lucrative for a cardiologist to do six or seven angioplasties in one day than it is to do a surgical bypass. This decision is made purely out of profit, and is contrary to professional medical standards.

To be fair, the demand for profits may not come from the doctors themselves. Rather, it may be that the corporations that run the hospitals where the procedures are performed are placing higher volume demands upon the physicians, in exchange for granting doctors hospital privileges.

Either way, however, cardiologists may be rendering substandard care to patients in order to make money, rather than to make quality health care decisions.

Injured by Medical Malpractice: Now What?

2010-01-11T11:56:00.000-08:00

In most cases, a visit to the hospital or doctor's office is a routine event. Usually, everything goes the way it is supposed to.

Sometimes, however, things don't go right. Doctors and nurses are good people, but even good people make mistakes. When professionals make mistakes, the consequences can be disastrous. Not only will you have to endure additional pain and suffering, but you'll be facing expensive medical bills, costs of future treatments, and possibly the loss of your ability to work. It is not your fault that a health care professional committed malpractice. But you will need help to hold them accountable.

If you or someone you know has been injured by medical malpractice, here are somethings you can expect:

You won't get answers. Medicine is not an exact science, and sometimes, complications can cause bad outcomes. If this happens, then your doctor will sit down with you and explain the complication, as well as how and why it happened. If a bad outcome is caused by negligence or other medical mistake, however, you won't get answers. Your doctor will suddenly be evasive about your questions, or may even transfer your care to another physician. If the doctors and other professionals aren't giving you answers, give us a call. Our experienced medical malpractice attorney s work with a team of nationally recognized medical experts, and together, we can get the answers for you.
Risk Managers and Insurance Adjusters Will Try to Convince You to Settle On Your Own. If you're lucky enough to get a meeting with a Risk Manager or other hospital administrator, the first thing they will tell you is that you don't need a lawyer. Your first question should be, "Does the negligent doctor or hospital have a lawyer?" If they answer honestly, they will tell you that they have a team of high-paid lawyers working on their side. "But," they'll say, "if you hire a lawyer, they'll get all the money, and you won't get anything."

This is absolutely not true. By hiring a lawyer, you will recover far more than the hospital will be willing to pay if you settle on your own, even after fees and expenses. Hiring a lawyer will get the negligent doctor or hospital to pay full value on your claim; otherwise, they will offer you pennies on the dollar. At G. Eric Nielson & Associates, we pride ourselves on maximizing recoveries for our clients, and working conservatively to ensure that the injured patient receives as much of the award as possible.
Hospital Administrators Will Delay Your Case. We have seen a troubling practice a lot lately. A patient will be injured, and for two years, the negligent hospital or doctor will pay for minor medical expenses--maybe a few hundred to a few thousand dollars. The injured malpractice victim will assume that these payments will continue, but as soon as the statute of limitations runs (usually two years, but in some cases, as little as one year), the payments stop. At that point, the patient cannot bring a legal action. The negligent doctors or hospital administrators will lead you to believe that they're taking accountability for their mistakes, but as soon as they can cut you off without being sued, they will do it. You will be left with a lifetime of medical bills.
You Won't Be Given Your Medical Records. The government has passed laws that provide patients with access to their medical records--it is a legal right. When you've been injured as a result of medical malpractice, however, negligent hospitals and doctors will try to stop you from finding out what happened. Your records may get "lost," or you may be asked to fill out complex forms and wait weeks--even months--to get your medical records. Once you receive those records, they may be incomplete, or inaccurate. The medical malpractice lawyers at G. Eric Nielson & Associates use all of our resources to ensure that we get a full, complete set of your medical records, and can give you the answers you deserve.

Medical malpractice cases are complex, and you need an experienced team of legal professionals on your side.

The Utah malpractice attorneys at G. Eric Nielson & Associates have the experience to give your attention the case it deserves, and the expertise to give you the answers you've been looking for.

When you call our offices, you'll speak to an attorney who can discuss your case with you. We will set up a free, no-obligation consultation where you can meet face to face with a lawyer to discuss what happened. If you have been injured by medical malpractice, we can tell you your options and discuss your legal rights.

Call today: (801) 424-9088.

Surgical Site Infections

2010-01-11T09:28:00.000-08:00

When you have surgery, you expect to need time to recover from the incision and general purpose of the procedure. But you don't think about the potential of also having to recover from a serious surgical site infection.

Yet surgical site infections are far too common and can be dangerous or even fatal.

Why do surgical site infections happen? They happen because of some of the same reasons that all surgical errors occur, such as:

Surgeon, nurse or other medical staff fatigue
Unacceptable surgical environment or equipment
Lack of following appropriate protocol by surgical team
Distracted surgeon or other staff
Inexperienced staff or lack of training

What can a patient do to prevent a surgical site infection? Patients should work with their doctors to maintain controlled blood sugar levels before surgery, especially if diabetes is a factor. Taking a shower the day before or day of surgery is also recommended.

If you or someone you love has suffered a surgical site infection due to medical malpractice, you may need financial compensation to help cover the costs of medical care, loss of income and more. To find out if you have a case, please contact the Utah medical malpractice and surgical site infection attorneys at G. Eric Nielson & Associates, LLC: 866-605-4556.

Tort Reform Measures Will Not Reduce Health Care Costs

2010-01-08T21:09:00.000-08:00

I read an interesting news release posted here. I've posted it below, in its entirety, not only because it makes some great points, but because it's got the statistics and facts to back them up:

One of the most popular quick-fix cures touted for our ailing health care system is medical malpractice reform. Politicians like Rick Perry and Sarah Palin often point to Texas, which in 2003 imposed severe caps on non-economic damages. However, a recent report by the Congressional Budget Office (CBO) shows that even if the most far-reaching tort reform proposals were enacted, expected savings would amount to just one-half of one percent of total health care spending per year.

If patients' rights to compensation for pain and suffering were capped, punitive damages were limited, liability laws were modified and the statute of limitations was constricted, we would save about $11 billion a year, according to the nonpartisan agency. To put that number in perspective, Americans spend about that much each year on dog and cat food.

This figure is far lower than the claims made by advocates for medical malpractice reform. According to the Los Angeles Times, Sen. Jon Kyl of Ariz. recently claimed Americans would save "between $100 billion and $200 billion" if medical malpractice reforms were enacted.

The CBO's analysis is backed by a report from the General Accounting Office (GAO), which found that the potential savings from damage caps would not have a significant effect on the total costs of health care. The GAO asserted that a reduction of 25 to 30 percent in costs from medical malpractice litigation would lower health care costs by less than one-half of one percent.

"Defensive Medicine" Scrutinized

The CBO analysis also examined so-called "defensive medicine" procedures (extensive tests ordered by doctors to prevent mistakes and possible malpractice lawsuits). The agency found little evidence of the much-discussed phenomenon actually taking place.

To the extent that the agency did find evidence of "defensive medicine," it was mainly restricted to studies of Medicare. The agency found that if medical malpractice reform was enacted nationwide, the decrease in unnecessary "defensive medicine" would net three-tenths of one percent of health care costs.

The Opposite of What is Intended

The CBO report also suggests that limiting liability, a form of tort reform now on the books in over 40 states, has the opposite effect of what is intended. In other words, it raises health care costs rather than lowering them. The CBO states limiting liability "may increase the volume and intensity" of doctor services, raising costs for everyone.

A recent study by Americans for Insurance Reform shows that doctors in states that have enacted acute medical malpractice tort reforms have been subjected to the same insurance rate changes in medical malpractice premiums as those in states without these restrictions.

According to that study, the states with the highest liability insurance premium increases were among those with the most severe restrictions on patients' rights to compensation for preventable medical injuries: Florida, Nevada and Utah.

Diminished Quality of Care

The threat of medical malpractice litigation serves as a deterrent to doctors and hospitals who might otherwise provide substandard care. Removing this deterrent has negative effects on the quality of care American consumers receive from health care providers.

The landmark Harvard Medical Practice Study found that the "litigation system seems to protect many patients from being injured in the first place. And since prevention before the fact is generally preferable to compensation after the fact, the apparent injury prevention effect must be an important factor in the debate about the future of the malpractice litigation system."

A 2006 article in New England Journal of Medicine noted that malpractice litigation has motivated anesthesiologists over the past 25 years to improve their practice. The result has been a dramatic improvement in safety for patients: the risk of death from anesthesia dropped from 1 in 5,000 to about 1 in 250,000.

How has tort "reform" improved access to health care in Texas?

Texas leads the nation with 25 percent of its residents uninsured. It ranks 46th in the Commonwealth Fund's scorecard of state health care performance, 43rd in prevention and treatment, 48th in physicians per capita and 42nd in avoidable hospital use and costs. Finally, it ranks dead last, at 51, in access to medical care.

Cerebral Palsy & Hypoxic Ischemic Encephalopathy

2010-01-06T13:36:00.000-08:00

The delivery of a newborn child is one of life's most miraculous events. Often, it is the culmination of months of preparation and effort, and results in a joyful addition to a family.

It is during this process that expectant mothers and fathers put their trust in the care and professionalism of their doctors and nurses. With so much at stake, parents put a great deal of faith and trust in their health care providers.

In most cases, that trust pays off, and through the efforts of conscientious doctors and medical staff, new babies are born healthy and happy. But mistakes happen. The birth of a child--sometimes a once in a lifetime event for a family--can become routine practice for obstetricians and their staff. Additionally, the demands of the corporations that run the hospitals place increasing time and business burdens on doctors. Instead of giving each delivery the specialized attention it deserves, doctors are frequently rushed and distracted. Similarly, overworked nurses can get so busy that they forget to monitor the mother and baby's progress, or ignore critical signs that something may be wrong.

These lapses in judgment--simple mistakes--can have catastrophic consequences, resulting in profound, life-long injuries.

As difficult as delivery is for the mother, it is just as hard for the baby. The birthing process exerts stress on the baby, and if that stress is not closely observed and managed, it can become too much for the baby to handle on its own. Additionally, complications like umbilical cords being wrapped around the baby's neck can cause additional concerns.

If these conditions are monitored, they can be resolved with relatively mild medical interventions such as medication, or sometimes, delivery by cesarean section. If they are not monitored, however, then the baby's heart can malfunction, and the brain is deprived of oxygen. When this goes on for too long, the brain is irreversibly damaged.

Hypoxic ischemic encephalopathy (HIE) is a type of brain damage that affects various cognitive and physiological functions, and even death. Children who survive HIE often struggle with learning disabilities, mental retardation, epilepsy, poor motor coordination, and cerebral palsy, among other things. These special needs often require thousands--if not millions--of dollars in medical care and treatment.

Proving that medical negligence caused birth injuries is a difficult, complex process. The medicine and legal issues involved require skill, training, and experience. Not all cases of cerebral palsy or HIE are caused by medical negligence, but the only way to know for sure is to contact an experienced medical malpractice attorney.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates specialize in complex birth injury litigation. We have handled many of the largest cases in the State of Utah, and recovered millions of dollars for injured children. If you have questions about cerebral palsy or the possibility that your child may have been injured by medical negligence, the medical malpractice attorneys at G. Eric Nielson & Associates offer free, no obligation consultations. We can have your medical records reviewed by national experts, and we can give you the answers you have been looking for.

Utah's Legislature and Special Favors for Insurance Companies

2010-01-06T11:47:00.000-08:00

Article VI, Section 26 of the Utah State Constitution states, "No private or special law shall be enacted where a general law can be applicable."

Utah's constitutional framers included this provision in order to prevent the legislature from granting special privileges to individuals or corporations. The convention notes indicate that the framers were concerned with legislators who pass laws granting special privileges, for some at the expense of the rights of others. As Utah Constitutional scholar Jean Bickmore White has noted, this provision "express[es] the feeling that laws should not promote special treatment and should be administered even-handedly," and was specifically included as "a reaction to the corruption of some mid-nineteenth-century Legislatures." (The Utah State Constitution: A Reference Guide, at pp. 83-84.)

Notwithstanding this provision, the Utah State Legislature continues to enact special laws that permit negligent health care providers and their insurance companies to escape liability for their mistakes.

Last year, for instance, Utah enacted a law that raises the burden of proof for people injured by negligent emergency room doctors. This means that if you sue someone for causing a car accident, breaching a contract, or other civil wrong, you have a burden of proving your case by the "preponderance of the evidence;" in other words, you simply have to show that it is more likely than not that the other party is liable.

According to Utah politicians, however, Emergency Room doctors, however, are more special than everyone else. The new law passed last year says that if an emergency room doctor is negligent, and causes you harm, you have to prove your case by "clear and convincing" evidence. This is a much higher burden, one that is almost impossible to meet in most civil cases. Indeed, this is the same standard murderers must meet to overturn their convictions. This special law was enacted by the Utah State Legislature to benefit insurance companies, and it has produced its desired effect. Since its passage in 2009, there has not been a single case filed against an Emergency Room doctor in the State of Utah.

What this means for you is that if you have an emergency and go to the hospital, the doctors can render substandard care, and there is virtually nothing you can do about it.

Interestingly, when the medical lobby was urging Utah's legislators to pass this bill, the hospitals promised that they would permit state officials to conduct a performance audit to ensure that Utah citizens were still receiving adequate care.

Not surprisingly, however, the medical and insurance companies have gone back on their word. They have refused to permit the state to investigate the quality of emergency care in Utah.

Thankfully, one legislator is trying to hold these companies to their promise. Representative Lorie D. Fowlke (R. Orem) is fighting for the citizens of Utah, and is demanding that the state be permitted to conduct its audit of Emergency Care in Utah.

Last year, the legislature did corporations and insurance companies a big favor. Make sure those companies keep up their end of the bargain, and allow the state to ensure that quality health care is still available.

Contact Lorie Fowlke and tell her that you support her fight to restore accountability in Utah:

Lorie Fowlke
lfowlke@utah.gov
596 West 1200 north
Orem, UT 84057
(801) 255-0721

Also, contact these officials and let them know that you will not tolerate the insurance companies' efforts to keep secrets from you and other Utah citizens:

John Schaff
Legislative Auditor General
jschaff@utah.gov
W315 State Capitol Complex
P.O. Box 140151
Salt Lake City, UT 84114
(801) 538-1033

Curtis S. Bramble
cbramble@utahsenate.org
3663 North 870 East
Provo, UT 84604
(801) 373-1040

John L. Valentine
jvalentine@utahsenate.org
857 East 970 North
Orem, UT 84097
(801) 373-6345

Signs of Nursing Home Abuse or Neglect

2009-12-22T12:45:00.000-08:00

If you visit a family member or other loved one a nursing home facility, you can be instrumental in uncovering instances of nursing home abuse or neglect.

While this is not a topic any of us like to think about, we should all be aware of the signs that nursing home abuse or neglect may be occurring.

Mental Change/Signs Indicated Nursing Home Abuse or Neglect

Fearfulness
Increased agitation
Increased disorientation
Withdrawal from favorite activities/depression
Reluctance to communicate

Physical Changes/Signs Indicated Nursing Home Abuse or Neglect

Cuts, abrasions, bruises, swelling, welts
Fractured bones
More frequent "falls" reported
Sudden weight loss
Overmedicated
Bed sores/pressure ulcers

Environmental Signs Indicated Nursing Home Abuse or Neglect

Unclean bed linens or clothing
Lack of personal hygiene
Unsanitary environment
Smells of feces or urine
Unnecessary physical restraints near bed or wheelchair

If you believe your family member could be suffering from nursing home abuse or neglect, it is important to get not only medical help, but also legal assistance from an experienced nursing home abuse law firm. The Salt Lake City, Utah nursing home abuse lawyers with G. Eric Nielson & Associates, LLC are available to help at 866-605-4556.

Questions about Cerebral Palsy

2009-12-11T12:44:00.000-08:00

What, exactly, is cerebral palsy?

Cerebral palsy, a prevalent development disability, is the formal name for a set of incurable medical conditions that primarily affect a person’s ability to control muscles and body movement. Patients with cerebral palsy may have mental and/or physical delays, breathing difficulty, decreased range of motion, seizures and speech challenges.

Is CP considered brain damage?

Yes. Cerebral palsy is caused by a lack of oxygen to the brain during the prenatal and birth stages. In many cases, cerebral palsy brain damage is the result of a preventable, medical malpractice mistake.

What labor and/or delivery scenarios can lead to a child being born with CP?

Here are a few of the types of situations that can lead to cerebral palsy:

Taking too long to make the decision for a C-section
Misdiagnosing or failing to treat a mother’s illness, such as high blood pressure, during pregnancy
Missing a breech position diagnosis or a problem with the umbilical cord
Inaccurately estimating the baby's size
Unacceptable use of vacuum extraction

Consulting with an experienced fetal brain injury lawyer can help you establish whether you have a potential medical malpractice claim. At G. Eric Nielson & Associates, LLC, we offer a no-cost cerebral palsy case evaluation. Please call our Salt Lake City cerebral palsy attorneys at 866-605-4556.

Questions about Erb's Palsy

2009-11-29T12:41:00.000-08:00

What constitutes a brachial plexus (or Erb's Palsy) birth injury?
Erb's palsy is as an injury to the brachial plexus, a network of nerves between the shoulder and the neck. The purpose of the brachial plexus is to send nerve signals from the spinal cord to the shoulder, arm, wrist and hand.

Erb's palsy can results in a paralyzed or limp arm or hand, inadequate muscle control and numbness in the shoulder, arm, elbow and/or hand. Some cases of Erb's palsy can be directly linked to medical malpractice during a baby's birth.

How is Erb's diagnosed?
If an infant is showing signs of Erb's palsy, a medical doctor should conduct a thorough physical exam. Diagnostic tests can include an EMG and MRI, or other imaging test.

Are there different types of Erb's Palsy?

There are four types of Erb's palsy, each referring to a different degree of damage to the nerves: Neuropraxia, Avulsion, Rupture and Neuroma. Neuropraxia, or "Stretch of Praxis, is the most common and most likely to be the result of a medical mistake.

Are you concerned about paying for your child's Erb's palsy treatment? Do you believe a medical mistake caused the disability? Residents of Salt Lake City, Utah can contact G. Eric Nielson & Associates, LLC's Erb's palsy medical malpractice attorneys at 866-605-4556for a free case evaluation.

Questions about Medical Malpractice Cases

2009-11-20T12:40:00.000-08:00

Who can be held responsible for medical malpractice?

Certainly, surgeons and other types of doctors are the most common types of healthcare providers held responsible for medical malpractice cases.

But in some instances, other professionals and healthcare entities can also be found medically negligent, including but not limited to: hospitals or outpatient care facilities, nursing home facilities, nurses and nurse practitioners, emergency medical technicians, radiologists, dentists, pharmacies and medical lab facilities.

What is informed consent?

Often, before having any sort of medical procedure or treatment, a patient will be asked to sign an "informed consent" form. The legal definition of informed consent differs by state. But in general, informed consent indicates that the patient is making a knowledgeable decision about the procedure or treatment and that the healthcare provider has disclosed all of the information the patient might need to make his/her decision.

Healthcare providers who fail to get a patient's informed consent for a procedure or treatment that ends in harm to the patient may be found medically negligent.

How costly are medical malpractice cases?

The cost of a medical malpractice case can vary greatly depending on the complexity of the case. However, most highly regarded medical malpractice law firms do not charge a fee until after a case has been won, and then it is paid to the firm as a portion of damages recovered.

Do you have more questions related to medical malpractice? The reputable medical malpractice attorneys at G. Eric Nielson & Associates, LLC would be happy to discuss your case. Please contact us at our Salt Lake City, Utah office at 866-605-4556.

What Constitutes Medical Malpractice?

2009-11-06T12:38:00.000-08:00

Medical malpractice cases can be complicated and highly technical. But they can also be worth every cent and every minute spent pursuing them when it means patients who are injured by a medical mistake receive the compensation they deserve.

However, just because a physician or other healthcare professional makes an error, it does not automatically mean there has been an incident of medical malpractice.

Medical malpractice, or medical negligence as it is sometimes called, occurs when a healthcare professional, such as a doctor, nurse, surgeon or EMT, is careless in providing care or fails to act when treating a patient, and the outcome is injury to the patient.

Typically, to determine that an act of medical malpractice has taken place, experts will be asked to provide their professional opinions about what the appropriate standard of care would have been in that situation.

In addition, a patient's injury must be more than trivial harm. (Medical malpractice, of course, can also mean a consequence of wrongful death.)

Residents in Salt Lake City and surrounding areas can contact the experienced Utah medical malpractice attorneys at G. Eric Nielson & Associates, LLC via 866-605-4556 for assistance or fill out an online contact form.

Patient Controlled Analgesia Pumps

2009-08-26T08:56:00.000-07:00

While patient controlled analgesia (PCA) pumps offer patients greater control over the distribution of their pain medication following surgery, they also present a strong risk of serious injury if not used properly. Improper use of PCA pumps can lead to an overdose in pain medication, which in extreme cases may result in the wrongful death of a patient.

PCA pumps allow patients to administer their own pain medication by pressing a button which releases a controlled dosage of medication into their blood stream. These computerized pumps generally deliver pain medication intravenously.

The majority of PCA pump errors are not caused by product defects. Instead, these tragic injuries are usually the result of medical malpractice.

Since PCA pumps are controlled by the patient, it is crucial that doctors and nurses fully understand how to program the machine to ensure that a proper dosage of medication is being administered. Furthermore, it is important for health care professionals to carefully monitor their patients when using PCA pumps to prevent the possibility of an overdose.

When doctors and nurses fail to properly monitor patients on PCA pumps, they may miss signs of sleep apnea or renal impairment. If prompt adjustments are not made to the dosage of pain medication, patients may go into fatal respiratory arrest.

If you or a loved one has suffered an injury from a medical professional's failure to properly monitor your PCA pump, you may be entitled to receive compensation through a medical malpractice lawsuit. The Salt Lake City medical malpractice lawyers at G. Eric Nielson & Associates can help you hold negligent doctors and nurses accountable for their actions so that you can receive the compensation you deserve.

If you have a PCA pump malpractice claim, please contact our Utah personal injury firm today to schedule your initial consultation. G. Eric Nielson & Associates, L.L.C. serves clients in the Salt Lake City, Price, and Tooele, Utah areas.

Gentamicin Poisoning Claims

2009-08-14T08:53:00.000-07:00

If you have suffered inner ear or kidney damage from taking the antibiotic Gentamicin, you may be entitled to receive compensation for your injuries. It is important to speak with one of our Salt Lake City medical malpractice lawyers immediately if you think you have a claim. There are time limits imposed on the filing of these lawsuits, and if you miss an important deadline, you may be unable to receive the compensation you rightfully deserve.

There have been many reports of patients suffering Gentamicin poisoning from taking this drug. Often, Gentamicin poisoning occurs as a result of improper administration of the antibiotic by a health care professional. Common examples of medical negligence leading to Gentamicin poisoning include:

Administering treatment for a long period of time
Prescribing a high dosage of the drug
Failing to monitor Gentamicin blood levels or kidney function
Failing to prescribe a less dangerous antibiotic when appropriate

The majority of these claims fall under medical malpractice law. In general, the party most commonly responsible for committing negligent behavior in these claims is your physician, hospital, or home health agency. While it may be possible to file a defective drug claim against the pharmaceutical company, these cases are less common.

Gentamicin poisoning most often leads to severe inner ear damage. Common symptoms include:

Blurred vision
Balance problems
Vertigo
Dizziness
Nausea
Ringing in the ears (tinnitus)

Often, medical expenses and rehabilitation costs are very high after Gentamicin poisoning. Since there is no cure for this condition, you may require long term medical care in order to cope with your injuries. It is important to receive a settlement that will ensure you will not experience financial hardship as a result of this injury.

Our lawyers have a great deal of experience handling Gentamicin claims, and we can help you receive the compensation you need to move on with your life. If you have a Gentamicin claim, please contact our Salt Lake City personal injury lawyers today to schedule your free consultation. G. Eric Nielson & Associates, L.L.C. serves clients in the Salt Lake City, Price, and Tooele, Utah areas.

Utah Medical Errors Are Increasing

2009-06-29T08:55:00.000-07:00

Today the Salt Lake Tribune is reporting a significant increase in the number of reported medical mistakes in Utah hospitals.

Utah law requires health care providers to report so-called "sentinel events." Utah Administrative Code Rule R380-200-2 defines a "sentinel event" as "an event which has resulted in an unanticipated death or major permanent loss of function, not related to the natural course of the patient's illness or underlying condition or is an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function."

As you can see from the graph, the number of reported events has increased dramatically since 2002. As reported, the state has begun tracking a greater number of events, which likely accounts for the increase. What the report fails to discuss, however, is how many of these "sentinel events" go unreported by health care providers and medical facilities. Indeed, that is one flaw with the system--it relies on doctors and companies to self-report their mistakes. Obviously, they have an incentive to under-report their negligence.

Because our practice is focused on Utah medical malpractice cases, we hear directly from the patients, not the health care administrators. I can assure you, there are many more instances of medical negligence resulting in "death or serious physical or psychological injury" than have been reported. For instance, we recently settled a case involving the wrongful death of a gentleman who underwent a routine hernia repair operation. During the procedure, the surgeon perforated the patient's bowel, resulting in bacterial contamination and sepsis. Although the patient was in the intensive care unit, the nurses failed to monitor his temperature and fluid levels. Not surprisingly, the patient's condition deteriorated, but instead of paging the on-call doctor, the nurses left a phone message with the wrong physician. By the time doctors were able to respond, it was too late, and the patient died, leaving a widow and several adult children.

Despite the obvious errors and the resulting death, the hospital never reported it as a "sentinel event." Additionally, the surgeon who perforated the bowel talked the family out of an autopsy, claiming that "it wouldn't do any good." Although they were given many opportunities to take responsibility for the seriousness of their errors, the providers instead denied any liability, and the insurance companies hired a team of lawyers to prevent the family from discovering how their husband and father had died.

Medical malpractice is increasing, and is being defended more aggressively by insurance companies and their lawyers. As the recent report indicates, some of these cases are being reported to state officials. But nobody is taking care of the victims of these serious medical errors. As in the example listed above, negligent doctors and nurses refuse to admit their mistakes, and their insurance companies will do all they can to avoid paying for outstanding bills, lost wages, and pain and suffering. That's why the Utah medical malpractice lawyers at G. Eric Nielson & Associates are here. The insurance companies have lawyers working hard to defend substandard care; you need aggressive, experienced legal advocates on your side as well.

If you or someone you know has been the victim of medical negligence, call and discuss your rights with an attorney today: (801) 424-9088.

Missed Diagnosis is a Common Mistake

2009-06-24T17:07:00.000-07:00

When you go to a hospital or doctor's office, you are putting your trust in the people who provide you with care. You expect that they have been trained as professionals; that they have special training and skills that will enable them to help you.

Unfortunately, although professionals should follow the standard of care, they can make mistakes. Everybody makes mistakes, of course, but in our society, we are required to be accountable for the mistakes we make.

One of the more common medical mistakes that is made is incorrect diagnosis of symptoms. Some doctors make medical decisions based on pamphlets provided to them by pharmaceutical salesmen rather than peer-reviewed medical literature. Other doctors will treat symptoms as a minor, common ailment while ignoring signs of critical diseases.

In a recent case we handled, a patient went to his primary care physician for over a year complaining of chest pain. Because his doctor was interested in lungs and pulmonary medicine, the doctor treated the chest pain as asthma. Unfortunately, the chest pain was not asthma, but rapidly progressing heart disease. Although none of the asthma treatments resolved the patient's symptoms, the doctor stubbornly adhered to the original diagnosis and treated it like asthma. Worse, the undetected heart disease advanced to the point where one of the patient's arteries became totally occluded. He suffered a fatal heart attack, leaving behind a loving wife and six beautiful children.

If the heart disease had been detected when the symptoms first began, minor medical treatment would have saved his life. Because the doctor missed the correct diagnosis, a loving wife lost her husband, and children lost their father. Although it was an obvious mistake, the doctor denied any wrongdoing. In this case, the doctor even refused to turn over medical records to the family, who were simply looking of answers. Rather than accept responsibility, the doctor's insurance company hired some of the most expensive lawyers in Salt Lake City to aggressively defend the negligence. Thankfully, the medical malpractice attorneys at G. Eric Nielson & Associates were able to recover a substantial settlement for the family. Although nothing can bring back their beloved husband and father, the family's financial needs can now be met.

This is just one of dozens of examples of physicians who make critical mistakes that result in tragedy. The legal system exists to help hold people--including doctors--accountable for their mistakes. The Utah medical malpractice lawyers at G. Eric Nielson & Associates will fight for your rights, and help you recover for negligence, including missed diagnosis of serious conditions such as heart disease or cancer. Call today to set up a free, confidential, and no obligation consultation with an experienced malpractice lawyer: (801) 424-9088.

Gentamicin Toxicity Can Be Prevented

2009-06-04T21:12:00.000-07:00

Gentamicin is a powerful antibiotic that is used to treat various bacterial infections, especially those caused by gram-negative bacteria. It belongs to a class of antibiotics called "aminoglycosides," which have proven to be effective against certain bacteria that may be resistant to other, more conventional antibiotics.

While gentamicin can be an effective treatment, it must be carefully administered. It is nephrotoxic, which means it can have a detrimental effect on kidney function. If a doctor prescribes gentamicin, but does not closely monitor the patient's renal function, the serum levels of the drug can build up and cause acute renal impairment such as tubular necrosis.

Additionally, if gentamicin concentrations are too high, it can also damage the eighth cranial nerve, resulting in permanent, irreversible vestibular dysfunction. Symptoms of this include dizziness, loss of balance, and vertigo. Additionally, in some cases, this ototoxic reaction can result in auditory damage and hearing loss.

We have unfortunately been seeing a significant increase in doctors who prescribe gentamicin, but who fail to closely monitor their patients. Additionally, some doctors have been giving gentamicin to their patients when other, less harmful antibiotics would suffice. This negligence has resulted in dramatic harm to patients, particularly the elderly.

All medical treatment carries some risk, but those risks can be avoided by close clinical supervision. When health care providers put their own convenience before the safety of their patients, tragic and avoidable injuries can occur. Failure to monitor patients on gentamicin is medical malpractice.

The lawyers at G. Eric Nielson & Associates are experienced at handling gentamicin and other aminoglycoside negligence cases. We have a national network of medical experts who can help review your case and determine whether you have suffered eighth cranial nerve damage or renal impairment due to gentamicin toxicity. If you or someone you know has experienced symptoms of dizziness, loss of balance, or vertigo after being given gentamicin, call us at (801) 424-9088 for a free, no obligation consultation today. We understand the medicine, we know the law, and we can help.

Accountability

2009-06-03T12:40:00.000-07:00

The playwright Jean-Baptiste Poquelin, better known as Molière, said "It is not only what we do, but also what we do not do, for which we are accountable."

The law exists to ensure that those with special duties are held accountable for performance of those duties. In the case of physicians and other health care providers, this includes ensuring that they adhere to professional standards of care.

Patients are entitled to hold those professionals accountable when things they do, or things they do not do, cause harm. Often, patients believe that if they have been harmed by the result of professional negligence by a health care provider, the risk managers or insurance companies will "do the right thing" and help resolve the issues of lost wages, medical bills, and pain and suffering.

But medical malpractice cases are not like auto accidents, and insurance adjusters and defense lawyers try to settle malpractice claims for pennies on the dollar, if they are willing to settle at all. Often, these insurance companies will push the case to trial, and if you do not have skilled legal representation that has experience litigating complex medical malpractice cases, you risk losing your case as well as your health.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates have a history of holding negligent health care providers accountable for their mistakes. Medical malpractice law is all we do. Call and speak to a Utah medical malpractice attorney directly at (801) 424-9088.

Erb’s Palsy is a Preventable Birth Injury

2009-05-20T13:37:00.000-07:00

The group of nerve fibers known as the brachial plexus runs from the spine to the neck, arm, and armpit. It is also responsible for nerve impulses affecting both the muscles and the skin.

When babies are born, an injury to the brachial plexus may occur, which can result in severe nerve damage or paralysis to the hand, arm, or shoulder. These types of injuries are also known as Erb's palsy. It is estimated that one or two babies out of every thousand will be born with Erb's palsy, especially during difficult births. A difficult birth includes having a large baby, prolonged labor, or a breech birth. However, Erb's palsy may also occur when the mother is improperly positioned, or if the nurse or doctor in the delivery room uses too much force in extracting the baby from the birth canal. These are cases in which Erb's palsy may be prevented.

There are four types of brachial plexus injuries:

Stretch/neuropraxia/praxis injury - the brachial plexus is damaged, but not torn, which may cause swelling, compression, bruising, or over-stretching. This type of injury may heal over a period of time
Neuroma - Scar tissue around the injury in the brachial plexus causes the nerves from sending messages properly to the muscles. The only way to remove scar tissue is through surgery
Rupture - Tears in one or more places in the brachial plexus are evident, but the nerves are still attached to the spinal column. Surgery may be required, but the damage is usually permanent
Avulsion - Nerves are torn from the spine, which permanently damages the affected area. This is the most serious type of brachial plexus injury

Erb's palsy is also associated with Shoulder Dystocia. This occurs when the baby's head has been delivered, but the mother's pelvic bone is blocking the baby's shoulders. This can cause oxygen deprivation, which may cause brachial plexus injuries, neurological problems, or even kill the baby.

Hospital protocols are in place to avoid injuries like Erb's palsy, but they continue to occur. If you feel your child's birth injuries could have been prevented, please contact the experienced Salt Lake City Erb's palsy attorneys at G. Eric Nielson & Associates.

Causes of Birth Injury

2009-04-24T09:14:00.000-07:00

When a baby is born with a birth injury, it’s not uncommon for there to be a lot of unanswered questions. What really happened to cause the problem? Was the injury preventable? Was a doctor or other healthcare entity at fault?

What’s even more frustrating is that it’s also common for the medical community to “circle the wagons” and be hesitant in providing information that would help answer important questions.

That’s where an experienced, respected medical malpractice law firm can help work through the complicated process to find the answers you need.

Just a few of the most prevalent types of birth injury cases include:
• Erb’s palsy
• Cerebral palsy
• Shoulder dystocia
• Delayed delivery
• Misuse of forceps or vacuum extraction
• Brain trauma or other damage
• Nerve injury
• Blindness
• Premature birth
• Wrongful death

At G. Eric Nielson & Associates, we give our clients the personal attention they deserve, backed by more than 20 years of experience. We work hard to dig deep into the medical and procedural issues involved in birth injury cases.

If your child suffered a birth injury and you reside in the Salt Lake City, Utah, area, please contact our medical malpractice and birth injury lawyers at 1-866-605-4556.

Fetal Brain Injury

2009-03-20T14:06:00.000-07:00

Few things can be as devastating to parents as the news that their newborn baby has suffered a fetal brain injury. In so many cases, gone are the hopes that their child will live a normal life without ongoing special care and therapy.

What is a fetal brain injury? It happens when a baby’s brain is somehow damaged during the mother’s pregnancy, labor or delivery. These types of birth injuries can often be associated with either a large amount of pressure on the baby’s brain or a lack of oxygen to the brain tissue.

Perhaps even more devastating to families is the realization that their child’s brain injury was caused by a preventable medical mistake. In these instances, families may have grounds for financial compensation in a medical malpractice civil case.

A few medical conditions associated with fetal brain injury include:
• Cerebral palsy
• Brain asphyxiation
• Hypoxic injury
• Forceps or vacuum extraction injury
• Hematosis
• Seizures at birth
• Stillbirth

Has your child suffered a fetal brain injury? Residents of the Salt Lake City, Utah, area and surrounding communities, please contact the experienced birth injury law team at G. Eric Nielson & Associates at 1-866-605-4556. Known for our aggressive pursuit of compensation for our clients, we’ll work tirelessly on your behalf.

Birth Injury Treatment

2009-03-12T08:15:00.000-07:00

When your child suffers a severe birth injury, such as cerebral palsy, you’ll want to do anything you can to help that child achieve a good quality of life.
Unfortunately, there is no cure for most birth injuries that involve significant damage to the brain.
The good news, though, is that there are a variety of treatment options out there that can make a difference, such as:
• Physical therapy – to help with coordination, balance, strength and muscle flexibility.
• Behavior therapy – to improve communication skills and deal with any behavior problems
• Speech therapy – to refine speaking and eating skills.
• Occupational therapy – to work on motor skills, everyday tasks and self-sufficiency
• Medications – to help control seizures and spasms.
• Surgery – to treat contracting muscles and tendons and increase range of motion
Ongoing treatment for a cerebral palsy patient will take significant monetary resources. If you think your child’s cerebral palsy was caused by medical malpractice, you could have a case for compensation. Please contact our Salt Lake City, Utah, birth injury trial specialists at G. Eric Nielson & Associates today to schedule a free consultation. Our number is 1-866-605-4556. Remember, medical malpractice is all we do.

Cerebral Palsy

2009-01-26T16:50:00.000-08:00

Parents of children with cerebral palsy may be interested in a new documentary due out in this year called, Hemispheres: A Documentary on Cerebral Palsy. The film focuses on cerebral palsy research and possible cures, along with an inspirational patient story.

Cerebral palsy is a life-altering, permanent medical condition that can be caused by a birth defect or a birth injury. The condition, linked to irreversible brain damage, affects the body’s ability to control muscle movement. Affected babies often need special medical care for the rest of their lives.

Cerebral palsy can be directly related to medical mistakes. For instance, a doctor could:

Leave a baby in the birth canal too long
Delay an necessary emergency cesarean section
Not recognize a problem with a twisted umbilical cord
Fail to monitor and react to fetal distress

Pregnant women entrust not only their own health, but also that of their new baby to their medical team. Unfortunately, doctors and other professionals, especially those who are inexperienced, can miss signs of problems. Even experienced physicians can be careless and rushed.

If you gave birth to a child diagnosed with cerebral palsy and believe the condition was caused by medical malpractice, we can help. Please contact the experienced cerebra l palsy attorneys at G. Eric Nielson & Associates at 1-866-605-4556.

Delayed Delivery

2009-01-12T09:00:00.000-08:00

During a pregnancy, a mother is usually meticulous about how she takes care of herself. All of that care can be for nothing, however, when a doctor in charge of the labor and delivery fails to act quickly to a fetus in distress and waits too long to move forward with an emergency cesarean section — or fails to perform one at all.

When a baby is allowed to be in distress too long, often resulting in a lack of oxygen, it’s called a “delayed delivery.” Delayed deliveries can cause severe birth injuries, such as damage to the brain and cerebral palsy.

Some of the questions to ponder in cases of delayed delivery and possible malpractice include:

Did your medical team recognize and react to your baby’s distress during labor?
Was the labor and delivery department fully staffed? (If not, this could be hospital negligence.)
Did your doctor arrive quickly to handle your delivery?
Did your doctor fail to calculate your baby’s size correctly?

At G. Eric Nielson & Associates, we can help discover what really happened after a delayed delivery. If your child suffered an injury due to a delayed delivery, and you live in the Salt Lake City, Price, Tooele and surrounding Utah areas, please contact our birth injury lawyers at 1-866-605-4556.

Failure to Diagnose Aortic Dissection

2008-11-19T12:27:00.000-08:00

An aortic dissection occurs when the inner layer of your aorta, the main artery in your body, tears. As a result, blood pours through to the middle layer of the aorta, causing the middle and inner layers to separate. If the tear goes all the way through to the outside aortic wall, the condition will most likely result in death.

This is a very rare condition; however, it can potentially occur in anyone. Men ages 40 to 70 are at greatest risk of aortic dissection. Unfortunately, the symptoms resemble those of many other diseases, which can cause a delayed diagnosis.

Aortic dissection is a very serious condition that must be attended to immediately. If it is caught early enough, you are much more likely to survive the incident. Any delays in diagnosis or treatment will most likely prove fatal.

Some of the most typical symptoms include sudden severe chest or upper back pain, loss of consciousness, shortness of breath, weakness, and stroke.

If your doctor fails to correctly diagnose your aortic dissection, he may be held liable for medical malpractice. Generally, the key to successfully proving malpractice in an aortic dissection case hinges on the time between the failure to diagnose the condition and the death of the patient. If there is at least one or two hours between misdiagnosis and death, the doctor had enough time to save the patient’s life. If he failed to do so, he is most likely guilty of malpractice.

At G. Eric Nielson & Associates, we specialize in handling medical malpractice cases. If you have a loved one who has died from misdiagnosis of an aortic dissection, we can help you recover damages for your loss.

Please contact G. Eric Nielson & Associates, LLC today to schedule a free consultation with one of our experienced medical malpractice attorneys.

Missed Cancer Diagnosis

2008-10-31T10:19:00.000-07:00

All forms of cancer are progressive and incurable, although they may be treatable. If they are not diagnosed in a timely fashion, they grow and spread, becoming more severe and life-threatening. If they are diagnosed early, they can often be surgically removed, radiated, or managed with medications. A missed cancer diagnosis can be grounds for a medical malpractice suit.

Cancer Staging
Cancer is assessed in four Stages according to a system called TNM Classification:

T – the size of the primary tumor
N – how much, if at all, it has spread into the lymph nodes

What is lymph?

Lymph is a clear body fluid in between cells and has its own circulatory system (the lymphatic system). It is not pumped like blood but moved by skeletal muscles contracting. It keeps body cells freshly bathed in fluid and carries fatty acids into the blood system.

Lymph also carries cancer cells, and this is how a cancer metastasizes. Lymph vessels run and branch throughout the body, punctuated with lymph nodes, tiny bean-shaped organs, which filter the lymph, trapping foreign particles. The nodes contain white blood cells and are part of the body’s immune system.

M – metastasis (how much the cancer has spread to other body organs, if at all)

Diagnosis is preferably done in Stage 1, when treatment will be most successful and preductions most reliable.

How is Cancer Diagnosis Done?
When the cancer is diagnosed, it may have already metastasized. So the primary site must be located. Cancer can begin anywhere in the body except in the hair, teeth, and fingernails. By establishing the primary site, predictions can be made as to how the cancer will behave and what symptoms it will likely cause.

Secondary sites are those to which the cancer has spread. It may have entered the bloodstream, the lymph, or may have directly spread to a nearby organ.

However, each cancer is defined and described in terms of its primary site. For example, breast cancer may spread into the lymph system or into the lungs, but it is still considered as breast cancer.

Cancer is diagnosed using a variety of tests and imaging methods. Preferably, a biopsy is done (cancer tissue is taken from the body to be tested). By gathering information about the cancer cells, a physician can determine the primary site, even if the tissue was taken from a secondary site. Once the diagnosis is established, appropriate treatment can be planned.

If you or a loved one has had a missed cancer diagnosis, you may well have a valid legal claim. If you have lost a loved one because cancer was not diagnosed until a late Stage, you may have a wrongful death claim.

Please complete our Case Evaluation Form if you would like to speak to one of our medical malpractice attorneys. Alternatively, you can use the mini-form at the left side of this page.

Why didn't my doctor tell me?

2008-09-04T08:14:00.000-07:00

If your doctor failed to have you undergo cancer specific testing, and it turns out you do have cancer that doctor should be held liable.

Sometimes doctors are overworked and sleep deprived and mistake a tumor for an infection or do not recognize the symptoms of your cancer. Other times, doctors may think you are being overly dramatic regarding your symptoms. Maybe your doctor did not have the time to follow-up with you, and then became preoccupied with another patient, and neglected to order your additional x-rays or CT scans.

Whatever the reason, it's inexcusable.

There are certain things that you can do to help decrease your chance of cancer.

Women should:

Have yearly pap exams
Have a formal breast exam every three years
Have an annual mammogram after age 40

Men should:

Have yearly prostate screenings after age 50
Begin having colonoscopies every 5 to 10 years beginning at age 50

Cancer kills. Be sure to take the necessary precautions to keep yourself healthy. Early detection is the key to fighting a winning battle against cancer.

To learn more about medical negligence and your legal rights, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

Danger of a delayed cancer diagnosis

2008-08-25T12:46:00.000-07:00

One of the leading causes of medical malpractice claims today is failure to diagnose cancer. When you visit your physician, you expect he or she to provide medical care in accordance with standard medical procedures. If you doctor does not meet these standards, or fails to diagnose the presence of potentially life threatening cancerous cells as early as possible, your life could be in jeopardy. An early and correct diagnosis can allow you the best chance for survival.

Early detection of cancer is a key factor in the successful treatment of this disease. Detection of cancer later down the road requires more drastic forms of treatment such as higher dosages of radiation and chemotherapy. These treatments may cause pain and suffering. They will also add to the expense of your cancer treatment, and could even cause permanent disabilities themselves.

Sometimes, doctors fail to order the right tests or they simply mistake the signs of cancer for another illness.

Other common causes of cancer misdiagnosis include:

Failure to properly review test results
Failure to recognize symptoms of patient's cancer
Mistaking a tumor for an infection
Misdiagnosing a tumor as benign
Failure to order a biopsy
Failure to follow-up with the patient

Whatever the reason, the outcome is unacceptable. Because a timely diagnosis can be such a critical factor in the survival rate of cervical, breast, prostate and other types of cancer, mistakes like this can result in deaths that could have been prevented.

To learn more about medical negligence and your legal rights, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

Prompt Diagnosis of Prostate Cancer can Save Lives

2008-08-06T13:55:00.001-07:00

The Washington Post reports that a federal task force has concluded that the routine performance of certain diagnostic tests may actually do more harm than good. For years, doctors have tested men for their prostate specific antigen (PSA) levels, often as part of a routine physical. According to the task force, these types of tests may be unnecessary if they are offered on a routine basis.

Unfortunately, an unintended consequence of these findings will likely be that doctors will no longer perform the test, even when the patient presents with risk factors for the disease. Similarly, doctors who have performed the test may disregard elevated levels based on the belief that since the test is no longer routinely administered, the results are not important.

Notwithstanding the findings of the federal task force, PSA screenings can still be useful in the early detection and treatment of prostate cancer. And when prostate cancer is detected early, it can be successfully treated in a number of ways.

If doctors fail to perform diagnostic tests on patients that present with well known risk factors, or if they ignore the results of such tests, it causes patients to lose the opportunity to make informed decisions about their treatment. In some cases, it can be considered medical malpractice.

If you or someone you know has received an abnormal PSA test, but the doctor did not follow up with you, you should seek a second opinion immediately. Additionally, if you have been receiving regular PSA tests, but have been diagnosed with prostate cancer, you may have a claim. The Utah medical malpractice lawyers at G. Eric Nielson & Associates are experienced in handling prostate cancer cases. You can call for a free, no obligation consultation today.

(801) 424-9088

At G. Eric Nielson & Associates, Medical Malpractice is All We Do.

How to protect my legal rights

2008-07-11T08:42:00.000-07:00

Medication errors, especially those made during routine procedures, are a form of medical malpractice or professional negligence. The doctor, nurse, hospital or anyone involved in your procedure should be held accountable. You may be able to collect monetary compensation to help alleviate your medical bills and lessen your financial burden.

To be able to collect damages because of a doctor's mistake or negligence, you must be able to prove the following three factors:

The health care professional(s) who were negligent owed you a duty to exercise reasonable care - this is usually easy to prove
The health care professional(s) were negligent in their treatment, meaning that they did not perform in accordance with “acceptable standards” of medical or pharmacological practice
The negligence caused your injury

The amount of money that you may be able to recover will depend on a number of factors including:

The severity of the negligence
The health of the person before the negligence
The strength of the defendant(s)
The severity and permanence of your injuries

In Utah, medical malpractice actions must be begin within two years of the date of injury or the omission that gave rise to the claim. If the claim involves an object or instruments found within your body, the action must be filed within one year of the insertion or a year after you've discovered its presence.

To learn more about medical negligence and your legal rights, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

How the arbitration process works

2008-06-05T13:18:00.000-07:00

If you signed an arbitration agreement and more than 10 days has passed, you are now legally bound to the terms of your agreement. If you believe you are the victim of medical malpractice, your claim must be resolved by a panel of arbitrators as opposed to court.

The process starts with a notice from one party to the other demanding arbitration. You and your doctor each name a person to serve as an arbitrator. These two arbitrators would pick a third arbitrator. An arbitrator is similar to a judge; he or she will listen to the evidence of both sides and decide whether malpractice occurred.

This panel of three arbitrators establishes rules about the witnesses and evidence each side could present and sets a schedule for the arbitration. If necessary, the arbitrators can issue subpoenas to make witnesses appear at the hearing or to obtain essential evidence.

At the arbitration hearing, both you and your doctor will be represented by an attorney of your choice. Each party will have the opportunity to present evidence and witnesses, and cross-examine the other party's witnesses. The arbitrators will listen, applying the same laws that a court would apply. However, this process is more relaxed and less formal than court. Based on the evidence and the law, the arbitrators could award any amount or kind of damages that a court could award.

To learn more about medical negligence and arbitration, please contact the law office of G. Eric Nielson & Associates today to schedule your initial consultation.

How Common is Misdiagnosis of Heart Disease?

2008-05-08T15:41:00.000-07:00

One study, conducted by HealthGrades, found that "failure to rescue" (identify and treat heart disease in time) was responsible for 155 out of 1,000 hospitalized patients. But the study did not break down the numbers into types of misdiagnosis, delayed diagnosis or other factors.

Another study surveyed patients seeking opinions about medical mistakes. The National Patient Safety Foundation found that of the people who reported a medical error about 40% blamed it on a "misdiagnosis or treatment error."

Misdiagnoses have been studied in hospital emergency departments across the United States - ranging from in rate from 20 to 40 percent. These particular misdiagnoses are estimated to be higher than those of the overall health care industry due to the critical and time-sensitive nature required of these diagnoses.

Malpractice and misdiagnosis
It is also interesting to note that a large proportion of medical malpractice cases are based on misdiagnosis or delayed treatment of serious conditions. The top five malpractice-risk conditions are:

Myocardial infarction (cardiovascular disease)
Breast cancer
Appendicitis
Lung cancer
Colon cancer

Nearly all these suits involve cases of misdiagnosis or mismanaged diagnostic tests resulting in delayed treatment.

To learn more about what you can do if you have suffered due to a missed diagnosis, please contact the law office of G. Eric Nielson & Associates, serving clients in Salt Lake City, Price, Tooele and surrounding areas of Utah.

How to Cope With Cerebral Palsy

2008-04-03T08:05:00.000-07:00

As a parent, you have hopes and dreams for your child. You fantasize what he or she will be like as a toddler, as a fifth grader, as a teenager. When you find out that your child has a serious disability, it may impact how you envision the future.

Your dreams are replaced with frustration. You are likely to experience bouts of denial, guilt and anger. These feelings are natural and healthy. Coming to terms with your emotions is necessary before you can begin devoting all your energy to your child's success.

Apart from financial stress associated with the medical requirements of the child, there is a whole gamut of emotional, social, physical and academic trauma that will face both your child and you - the parents. Challenges for the whole family will ensue and will continue to do so for years.

While there is a growing awareness of disabilities, the acceptance of a child with one like cerebral palsy remains far from where it should be. This only creates a more challenging and emotionally trying situation for your child as he or she ages.

To be able to endure a lifetime of challenges, parents must understand and fully accept your child's condition as soon as possible. Then seek an early intervention program as well as educational assistance to help your child become active and self-reliant.

Keep in mind that the most important aspect of rehabilitation is love, care and encouragement.

To learn more about cerebral palsy and how medical error can cause this devastating condition, please contact the office of G. Eric Nielson & Associates today to schedule your initial consultation.

Birth Injuries May Last a Lifetime

2008-03-25T14:23:00.000-07:00

Childbirth is supposed to be one of the most joyous occasions in a woman's life; however, sometimes there are problems during childbirth that can result in your newborn suffering severe, maybe even lifelong injuries.

Anoxic/Hypoxic Ischemia

Two problems that can occur during childbirth are Anoxic Ischemia and Hypoxic Ischemia. Anoxic Ischemia means there was absolutely no oxygen being delivered to the baby during childbirth or right after delivery, and hypoxic ischemia means there was a decreased and inadequate amount of oxygen getting to the infant. The decreased amount of oxygen or the total lack of oxygen causes damage to the infant's brain and/or spinal cord.

When a newborn suffers from these serious conditions, it is quite possible that a physician's medical malpractice is to blame. Though hypoxic ischemic encephalopathy is quite rare (2-4 cases out of every 1,000 births), when the condition does develop, it is very serious in that it can threaten the baby's survival and cause permanent brain damage. Approximately 20% of all infants with this condition will die during the newborn period. And of the ones that do survive, at least 25% will have permanent neurological problems. Hypoxic ischemic encephalopathy is a frequent cause for epilepsy, mental retardation and learning disabilities.

The exact causes of this condition are not known, but some studies have revealed that complications with the umbilical cord, rupture of the uterus, maternal low blood pressure, and other complications can cause hypoxic ischemic encephalopathy.

What Can You Do?

Many mothers and fathers feel helpless when their baby is born with these conditions and they don't know how to manage everything that will now be coming their way. Young parents may be faced with astronomical medical bills, long-term care costs, and special schooling expenses. We can help you. Our law firm has attorneys with a great deal of medical malpractice experience, and we know how to help families that are in your situation. If your child's condition was caused by medical malpractice, we will fight to get you the compensation you deserve.

If you or a loved one has suffered from Hypoxic/Anoxic Ischemia or any other birth injury, please contact the experienced Medical Malpractice Attorneys at G. Eric Nielson & Associates, serving Salt Lake City, Price, Tooele and the surrounding areas.

Court Strictly Applies Time Limits; Patient's Claims Barred

2008-03-06T10:24:00.001-08:00

Today the Utah Court of Appeals issued its decision in Harper v. Evans, 2008 UT App 66, --- P.3d ---. The court upheld a trial court's ruling that the patient had delayed in bringing her claim to court, and the statutory time limit for doing so had expired.

Statutes of limitation--laws that place limits on how long an injured person has to sue--are just one of the many legal pitfalls facing malpractice victims. There are some narrow exceptions and statutory tolling provisions, but as Harper illustrates, courts are generally strict in enforcing the time limits.

If you believe you have been injured by medical error, do not delay in seeking legal advice. Even if your claims have merit, you can be precluded from any recovery if you wait to long. You should seek legal assistance immediately.

Riegel v. Medtronic

2008-02-21T13:24:00.000-08:00

On Wednesday, the U.S. Supreme Court held that Food and Drug Administration approval of medical devices preempts personal injury claims filed under state laws. The decision, which was split 8-1, holds that the preemption applies to certain medical devices that meet FDA specifications, and were approved by the administration before being marketed to the public.

You can read more about the decision, here.

I know there are a lot of philosophical differences about the benefits of a free market, but in my opinion, if there is going to be minimal governmental regulations on the front end, then injured persons need to be able to hold negligent manufacturers responsible. If there's no oversight, there should at least be accountability. That's what the civil justice system is supposed to provide.

Gentamicin ototoxicity and vestibular dysfunction

2008-02-11T12:30:00.000-08:00

When antibiotics were first developed in the early twentieth century, they were a medical miracle. Since then they have saved millions upon millions of lives. They continue to treat many illnesses, but there has been recent concern that they may be over-prescribed. Over-prescription can lead to a number of health problems in patients who have ingested too much.

Gentamicin is a commonly prescribed antibiotic used to treat a number of bacterial infections. When administered properly and in effective doses it can be extremely helpful. When over-prescribed, it can lead to gentamicin ototoxicity, damaging the inner ear where our sense of balance is maintained.

Gentamicin ototoxicity is the primary cause of bilateral vestibulopathy. The vestibular system is responsible for balance. When too much gentamicin is prescribed, the vestibular system in both ears can be damaged, affecting balance and vision.

People suffering from bilateral vestibulopathy may suffer from the following symptoms:

Vertigo
Visual blurring
Difficulty seeing while driving
Difficulty recognizing faces while walking

When a medical professional prescribes gentamicin for too long a period of time or at too high a dose, there may be an issue of medical negligence. Most individuals are not aware of the dangers associated with overdoses of antibiotics like gentamicin. When damage is done, many will not connect the injury to the use of the drug.

At G. Eric Nielson & Associates we are not doctors but we do understand the technical and complex issues surrounding gentamicin ototoxicity and vestibular dysfunction. We can help you understand whether your vestibular dysfunction was a result of medical negligence and can help you receive compensation for your injuries.

Utah Supreme Court Protects Patient Confidentiality

2008-02-01T11:27:00.000-08:00

Today the Utah Supreme Court issued its decision in Sorenson v. Barbuto, 2008 UT 8, --- P.3d ---, which upheld important patient confidentiality rights.

In Sorenson, Nicholas Sorenson was injured in a car accident. He sought treatment from Utah physician Dr. Barbuto. When Mr. Sorenson brought a personal injury claim, his treating physician, Dr. Barbuto, went to work for the defense lawyers. Dr. Barbuto told the lawyers confidential information about his patient; information that was different from what he'd put in the medical records. The defense lawyers even tried to use Dr. Barbuto--the patient's own physician--as an expert witness in the case.

The district court disallowed it, however, and Mr. Sorenson prevailed on the merits of his personal injury claim. He then brought a separate action against Dr. Barbuto for violating his duty to protect the confidentiality of the physician/patient relationship. At first, the district court dismissed Mr. Sorenson's claim against Dr. Barbuto. But the Utah State Court of Appeals reversed that decision, and held that doctors cannot engage in ex parte, or "one-way," communications with anyone--including defense lawyers--about their patients, without violating their duties to the patient.

Dr. Barbuto took the Court of Appeals' decision to the Utah Supreme Court, which affirmed the lower court's ruling, and went one step further. The Utah Supreme Court also declared that it is unethical for defense lawyers to initiate or engage in ex parte communications with a patient's treating physicians, even when the patient is involved in a lawsuit.

This is an especially important decision in Utah, and for medical malpractice cases. The Utah Medical Insurance Association (UMIA) insures the vast majority of doctors in the state. If you have a medical malpractice claim against one doctor, and are seeing another one for treatment of your injuries, chances are, UMIA insures both of them. The defense lawyers that work for the insurance company can no longer call treating physicians and ask them for help in defending another physician's negligence.

This is a good decision, because it ensures that when you are seeing a doctor for treatment--even for injuries caused by another negligent health care professional--your communications will not be used against you. Further, it guarantees that any information treating physicians have will be disclosed under court supervision, pursuant to an oath of honesty.

Hospital Denies Liability for Tragic Negligence

2008-01-23T13:05:00.001-08:00

According to Texas newspaper the Star-Telegram, Kourtney McGee, who experienced bleeding during her second trimester of pregnancy, went to the hospital to receive care and attention. Tragically, however, her infant was stillborn.

As if that weren't bad enough, however, the hospital literally added insult to injury by losing the little baby's body. Unbelievably, the body was sent to the cleaners along with the hospital's dirty laundry.

Surely you would expect the hospital to do the right thing. Certainly, they would recognize the gravity of their error, and the nightmare that they had put this poor mother through.

But the hospital's lawyer said it all: "[W]e deny that the hospital has done anything inappropriate."

People like to joke about "ambulance chasers," and many are concerned about the perceived "malpractice crisis" and "frivolous lawsuits." But this tragic example out of Texas illustrates the real crisis--health care corporations and insurance companies that refuse to do the right thing; that refuse to be accountable for their mistakes.

Mistakes happen. And when we as citizens commit a mistake, we are responsible for its consequences. That's the reason that medical malpractice attorneys who represent injured persons are necessary--to fight the big companies on behalf of people that have already lost so much, and to hold them accountable for their negligence.

Our sincerest condolences go out to Ms. McGee for her loss.

Compulsory Arbitration - The New Twist On A Bad Idea

2008-01-22T18:01:00.001-08:00

Today the Salt Lake Tribune reported that State Rep. Stephen Urquhart (R. St. George) will be presenting a new proposal that would attempt to close the doors of the courts to victims of medical malpractice.

Mandatory medical arbitration involves taking a patient's claims out of the courthouse, where a neutral judge and jury adjudicate the merits of the case, and places the issues before paid arbitrators, whose decision is binding. Under Rep. Urquhart's proposal, parties could appeal an arbitrator's decision, but would be forced to pay the opposing parties' costs and fees if unsuccessful.

When mutually agreed to by both parties to a dispute, arbitration can be a valuable form of alternative dispute resolution. Compulsory arbitration, however, forces patients to waive numerous constitutional rights, such as the right to a jury. Additionally, the practice forces patients--many of whom are already struggling under the wight of lost income, disability, and unpaid medical bills--to pay the costs of the private arbitrators out of their own pockets. While this isn't a problem for huge health care companies, this additional cost can be financially devastating to someone struggling to make ends meet.

Rep. Urquhart is an insurance defense lawyer with Snow Christensen & Martineau, a law firm that defends negligent hospitals and doctors. He knows that big businesses, including the health care industry and its insurance companies, favor arbitration as a remedy for "frivolous" lawsuits and the health care "crisis." The truth, however, is that corporations and insurance companies favor arbitration for one simple reason: it gives them an advantage.

As Harvard Law Professor Elizabeth Warren recently remarked, "Arbitration may seem like the Andy of Mayberry form of dispute resolution--folksy, cheap, and fair. The data suggest, however, that it is Darth Vader's Death Star--the Empire always wins."

Health care corporations can easily outspend injured victims in an arbitration setting. Additionally, health care arbitrators know that if they rule against the health care companies, they will be "blacklisted" from ever arbitrating another case. This gives them an incentive to rule in the companies' favor, something known as the "repeat player bias."

This new legislation is just the latest in a series of attempts by the insurance and health care industries to make it more difficult for people to recover for their injuries. Thankfully, Utah's constitutional framers deemed it appropriate to protect citizens' access to judicial relief. Article I, Section 11 declares:

All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party.

Thankfully, this provision should protect Utah's citizens from compulsory arbitration of their medical negligence claims.

And hopefully, Utah's legislators will not try to push through a law that violates the state's guiding charter.

Medication and Prescription Errors: Too Much of a Good Thing?

2008-01-10T15:07:00.000-08:00

It seems that we can't go for ten minutes without seeing a television advertisement for some new medication. No matter what your affliction, there appears to be a medicine that will treat it. While advances in medical and pharmaceutical technology are saving many lives every year, medication and prescription errors can lead to serious injury, even death.

Medication and prescription errors occur under a number of circumstances:

When a doctor neglects to take an accurate patient history
When a doctor neglects to record medication allergies
When a pharmacist fails to verify a prescription
When a pharmacist incorrectly fills a prescription

While accidents happen in everyday life, medical and pharmaceutical personnel are professionals and are legally held to a high standard of care. Negligent medication and prescription errors fall below this standard of care.

A recent client of ours at G. Eric Nielson & Associates experienced the horrors that can result from prescription error when her medication was negligently switched with anxiety pills. An overdose of anxiety pills nearly put her into a coma and her experience and recovery was painful and expensive.

Because our focus at G. Eric Nielson & Associates is medical malpractice we are skilled at medical issues and familiar with the appropriate standards of care. If you, or a loved one, have been the victim of a medication or prescription error a skilled medical malpractice attorney can help you.

New Research Reveals Negligence Crisis

2008-01-03T13:22:00.000-08:00

The medical lobby has gotten many politicians to campaign on platforms of "solving the malpractice crisis." The real crisis, however, is not caused by legal actions for medical errors. The real crisis is the increasing amount of medical negligence.

The New England Journal of Medicine recently published a study that illustrates just how bad the crisis is becoming, particularly in cardiac care cases. The study, entitled Delayed Time to Defibrillation after In-Hospital Cardiac Arrest, reveals that hospitals regularly take too long to respond to critical heart conditions, including heart attack and cardiac arrest.

When a patient's heart stops beating, the standard of care requires hospitals and doctors to promptly administer an electrical shock to restore function. The NEJM study shows, however, that many providers take far too long, resulting in patients that suffer brain injuries or even wrongful death.

Even worse, according to Dr. Paul S. Chan, one of the study's authors, the sample probably reflects situations that are better than average. According to the New York Times, "Dr. Chan said that because all the hospitals in the study had joined a national registry on cardiac arrest, meaning that they were already putting special efforts into trying to meet resuscitation guidelines, they probably performed better than average."

That means that substandard care is becoming increasingly common. As more and more studies debunk the myth that "frivolous" lawsuits have caused the "medical malpractice crisis," it is becoming clear that the real crisis facing Americans today is the growing instances of medical negligence.

If you or someone you love has suffered as a result of poor health care, you need someone to help restore your legal rights and recover for your injuries and medical bills. You need someone that will hold the medical establishment accountable for their negligence. Call the Utah medical malpractice attorneys at G. Eric Nielson & Associates today. You'll speak directly with an attorney, and your consultation is absolutely free. Additionally, at G. Eric Nielson & Associates, there is no fee unless you win.

Missing The Obvious - Fatal Errors in Cardiac Care

2007-12-19T14:59:00.000-08:00

Ischemic heart disease, also called coronary artery disease, is caused by cholesterol deposits that build up, resulting in restricted blood flow to the heart. According to the National Center for Health Statistics, heart disease is the single leading cause of death in the United States. And the American College of Cardiology reports that it kills nearly 500,000 Americans each year.

Thanks to advances in medical science, doctors can successfully treat ischemic heart disease through a variety of medical and surgical procedures. For instance, doctors can prescribe powerful drugs, like beta blockers and angiotensin converting enzyme ("ACE") inhibitors. These drugs help treat symptoms associated with heart disease. Other times, a surgeon may perform angioplasty, a procedure where a balloon-tipped catheter is inserted into the point of the occlusion, then inflated to restore blood flow.

Because heart disease is so common, hospitals compete for patients, and aggressively advertise their cardiac care services. Unfortunately, the service is sometimes inadequate, and critical warning signs are ignored. These signs include angina, which is chest pain that often radiates into an arm or the neck; high blood pressure; and subjective patient factors such as weight and family history.

When these signs are caught, tragedy can be avoided. But if they are missed, due to medical error or physician negligence, patients can suffer heart attacks, unnecessary procedures, and even death.

The Utah medical malpractice lawyers at G. Eric Nielson & Associates are experienced at investigation and prosecution of claims related to negligent cardiac treatment. If you or someone you know has been the victim of negligent cardiac care, contact us today. You may have a claim for medical malpractice.

Cerebral Palsy and Newborn Infant Injuries

2007-12-03T15:02:00.000-08:00

When you are expecting a healthy newborn, strange and abnormal behaviors and movements can be frightening. These may have been the result of negligence by the doctor or medical professional who delivered your baby.

Nerve injuries are a common type of newborn infant injury. Where improper delivery techniques or excessive force are applied, a newborn can sustain damage to a number of vital nerves. Trauma to the nerve networks in the neck and shoulder can result in Erb's Palsy.

Brain injuries are often sustained when a newborn is deprived of oxygen or the blood flow is reduced for a period of time. Infants suffering from hypoxic ischemic encephalopathy, or oxygen deprivation, can lead to a number of life-changing disorders, including cerebral palsy, mental retardation, brain damage and chronic lung disease.

When patients come to us with newborn birth injuries they are often confused, scared, and angered to learn that their infant's injuries could have been prevented. We are here to help you deal with all aspects of your situation and guide you through the process of recovering certain costs and expenses.

If your child is suffering from cerebral palsy, Erb's palsy, or other newborn injuries, G. Eric Nielson & Associates can help you explore your legal options. We are skilled in medical malpractice law and familiar with the complex and confusing language of medical claims.

Wrongful Death

2007-11-12T14:43:00.000-08:00

The death of a loved one is devastating. When that death was caused by the actions of another it can be difficult to deal with. The law calls these situations wrongful death. While we at G. Eric Nielson & Associates cannot ease the pain of dealing with your loss, we can minimize the financial burden your loss may have caused.

Wrongful death can arise under a number of circumstances. Automobile accidents and other acts of another’s negligence or recklessness can result in the untimely death of a loved one. Product liability cases involving defective products or drugs may also give rise to a wrongful death claim.

We also see many wrongful death cases in medical malpractice situations. A missed or delayed diagnosis of cancer, heart disease, or the onset of a heart attack can be deadly. And patients in a hospital who develop sepsis can die without early diagnosis and treatment.

Wrongful death claims allow the surviving family of the deceased to recover certain expenses from the liable party. Examples of such expenses include funeral costs, loss of earnings or inheritance, and pain and suffering.

These claims should be discussed with a lawyer experienced in recognizing and dealing with wrongful death claims. There may be limitations on how long one may have to bring the claim, and on who may be eligible to bring it.

Where a wrongful death claim involves a particularly complicated part of the law, such as medical malpractice or product liability, it is important to have a skilled attorney. At G. Eric Nielson & Associates our only focus is medical malpractice. If you have any questions, contact an attorney skilled in wrongful death medical malpractice.

Medical Malpractice Claims in Utah: Know Your Rights

2007-10-01T13:33:00.000-07:00

"All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party."

--Utah State Constitution, Art. I, § 11 (1896).

The State Constitution guarantees Utah citizens the right to petition the courts for justice. When someone has been injured by medical malpractice, he or she has a right to seek judicial redress. Getting to the courthouse, however, can be a tricky process.

Although you are free to represent yourself in court, medical malpractice cases in Utah are extremely complex, and you should seek the assistance of a medical malpractice attorney. At G. Eric Nielson & Associates, medical malpractice is all we do. Our lawyers specialize in navigating the legal hurdles and overcoming the medical obstacles that stand between you and justice.

PRE-LITIGATION

Before your claims can be heard in court, you must first participate in an administrative, "pre-litigation" hearing before the Division of Occupational and Professional Licensing ("DOPL"). To initiate the pre-litigation proceedings, there are several technical filing requirements that must be met. Once the proper pleadings are filed, DOPL will schedule a hearing. This hearing, which is required in most medical malpractice cases, is presided over by a panel that includes an attorney, medical professionals, and a lay person. While the formal rules of evidence do not apply, you must still explain the basis for your claims and describe your injuries. Following the hearing, the panel will deliberate and issue a non-binding opinion of "meritorious" or "non-meritorious." DOPL will then issue a "Certificate of Compliance," which is required to have your claim filed with the courts.

MEDIATION

Mediation is a form of informal dispute resolution. Following the DOPL proceedings, or at any time during the pendency of a case, the parties may agree to have the dispute mediated. A mediator is a neutral third party, usually with substantial experience in medical malpractice cases. The mediator can help all of the parties to see both sides of the issues, and reach an agreement that is mutually satisfactory. Sometimes, even if an agreement cannot be reached, a mediation session can help the parties to focus on the important issues, such as the quality of the care rendered or the measure of economic damages the malpractice victim can expect.

LITIGATION

Following the DOPL proceedings, the most common step is for the claim to be filed with the court. Once a claim has been filed, all of the parties will proceed with "discovery." This is a period of investigation where all sides have the opportunity to discover exactly what happened. During the first phase of discovery, the parties exchange documents, written questions, and depose fact witnesses. Because medical malpractice cases often involve complex areas of science and medicine, expert testimony is also required. During the second phase of discovery, the parties exchange expert witness reports and conduct further depositions.

After discovery is closed, the parties have an opportunity to address various legal issues with the judge. This pre-trial phase is designed to streamline the trial and resolve any uncontested issues before trial. During the trial, you will have an opportunity to tell a jury exactly what happened. The medical experts will also testify, and the lawyers for both sides will argue their claims to the jury. The jury will make a decision based on the evidence, and issue a judgment.

POST-TRIAL & APPEALS

Often, the trial is the final stage in the litigation. Sometimes, however, complicated legal issues or other technicalities may require post-trial proceedings, or in some cases, appeals from the District Court to one of Utah's appellate courts.

ARBITRATION

Like mediation, arbitration is a form of alternative dispute resolution. Unlike mediation, however, the results are binding on the parties. Additionally, arbitration forces patients to waive numerous constitutional rights, such as the right to a jury, and requires patients--who are often already struggling under the weight of lost income, disability, and unpaid medical bills--to pay extra for a private arbitrator out of their own pockets.

Big businesses, including the health care industry, like to tout compulsory arbitration as a remedy to "frivolous" lawsuits and the health care "crisis." The truth, however, is that the health care industry favors arbitration for one simple reason: they have the advantage. Indeed, as Harvard Law Professor Elizabeth Warren recently noted, "Arbitration may seem like the Andy of Mayberry form of dispute resolution--folksy, cheap and fair. The data suggest, however, that it is Darth Vader's Death Star--the Empire always wins."

Health care corporations can easily outspend injured victims in an arbitration setting. Additionally, health care arbitrators know that if they rule against the health care companies, they will be "blacklisted" from ever arbitrating another case. Thus, health care providers take advantage of this method of dispute resolution. Many doctors, acting at the instruction of their insurance carriers and attorneys, now force their patients to sign binding arbitration contracts, even before disputes arise. Patients accept these arbitration agreements because they trust their doctors, and many feel that they will be denied health care if they refuse to sign.

In reality, arbitration takes just as long, and is even more expensive than, traditional litigation. The parties still have to go through discovery of fact and expert witnesses, but without the benefit of judicially prescribed procedures designed to level the playing field. Additionally, without access to judges and juries, malpractice victims are often unable to finance the private "pay to play" system of arbitration, and the health care companies win by default.

PROTECT YOUR RIGHTS

If you or a loved one has been injured by medical malpractice, contact the Utah malpractice lawyers at G. Eric Nielson & Associates today. Our practice is limited to representing people injured by medical malpractice, and we specialize in the complicated legal and medical issues involved in a medical malpractice case. Call and speak with one of our Utah medical malpractice attorneys today, or contact us online. The consultation is free, and you pay no attorney fees unless we recover for you.

Signs and Symptoms of Erb's Palsy

2007-09-30T07:39:00.000-07:00

Advances in medical technology have done wonders to prevent many complications during childbirth. There are situations, however, where complications arise because medical professionals fail to follow the appropriate standard of care. When this happens, otherwise preventable complications may lead to serious and costly conditions.

Erb's Palsy is a birth injury that results from damage to the brachial plexus nerves when the newborn's neck is stretched on one side. Such trauma can occur during the birth of a large baby, a breech birth, or when the medical professional uses a negligent amount of force to pull the newborn out of the birth canal. The baby's shoulder becomes lodged against the mother's pelvic bone and attempts to help the baby out stretch the neck and shoulder too much.

The signs of Erb's Palsy are evident very early on and can vary depending on the type of injury:

No muscle control or feeling in the arm or hand
Little muscle control over the wrist
Little or no muscle control over the shoulder
Little or no muscle control over the elbow

Depending on the extent of nerve damage, there may be treatment options. The more damage the newborn sustained, the most costly treatment will be. If the damage is very serious, the child may experience some loss of quality of life.

At G. Eric Nielson & Associates we specialize in recognizing and dealing with birth injury claims. It is important to have a skilled medical malpractice attorney to determine if your child suffers from Erb's Palsy and whether it was caused by medical negligence.

The Myth of the Medical Malpractice Crisis

2007-09-21T08:38:00.000-07:00

Insurance Companies, managed-care organizations, doctors associations and other special interests groups in the health care industry seeking malpractice-liability "reforms" have sought to shift the blame for medical malpractice premiums on to the civil justice system. These same advocates often go as far as to blame the alarming lack of access to affordable, quality healthcare in the United States onto malpractice victims and their attorneys. These special interest groups have engaged in heavily funded campaigns to convince the public that rising health care costs are a direct result of a rise in merit less medical malpractice claims. However, these assertions are not based on careful analysis but on unfounded claims, fears, and misinformation which has had the unfortunate effect of discouraging many patients from pursuing well justified claims involving serious injuries caused by negligent health care providers.

In the face of such claims it's important to look at the facts. A report by the Institute of Medicine, the nation's most respected adviser on medical science, found preventable medical errors to be the eighth-leading cause of death in the U.S., contributing to up to 98,000 deaths annually. A study by the New England Journal of Medicine found that 13 out of every 100 patients are subjected to medical malpractice. Several studies suggest that for every 25 patients who are injured by a negligent doctor, only 1 of those patients will ever file a law suit.

America does indeed face a healthcare crisis in the form of widespread medical errors that often go unrecognized and uncorrected. Far too many doctors are injuring their patients, this is the real crisis. Additionally, the country faces a medical insurance crisis as insurance companies and special interest groups have succeeded in distracting legislative and public attention away from the real problems in the medical and insurance industries.

Do not let the rehtoric of the lobbyists and special interest groups of the medical and insurance industries prevent you from pursuing a justified claim. If you or someone you know have been seriously injured by negligent health care providers, the Utah Medical Malpractice Attorneys at G. Eric Nielson & Associates can help. Call us today for a free consultation. Toll free at 1-866-605-4556.

There are several common public miconceptions and myths about this issue, I will address these in future posts....stay tuned!

Hernia Patch Defect Causes Injuries

2007-09-18T10:02:00.001-07:00

A hernia is a protrusion of an organ or other tissue through the membrane that normally holds it in place. Most hernias develop in the abdomen, and are accompanied by pain or discomfort. Laparascopic hernia repair operations are among the most common surgeries performed today.

During such procedures, the doctor uses sophisticated instruments to put the organ or tissue back in its place. The doctor will then repair the hole or weakness where the tissue came through. One of the ways doctors do this is by reinforcing the membrane with a mesh prosthesis, or "patch." These patches are constructed of special fibers imbedded with a memory recoil ring that holds the material in place.

Some kinds of patches, including the Bard Composix Kugel Hernia Repair Patch manufactured by Davol, Inc., a division of C.R. Bard, can be dangerous. Specifically, the patch's memory recoil ring has been known to break open. As a result of this defect, the mesh can come loose, or worse, the sharp edges of the broken ring can perforate organs, including the intestines. Harmful bacteria can then leak into the body, causing infections and other serious complications.

Because of these defects, beginning in 2005, the FDA issued a recall on several kinds of Bard Composix Kugel Hernia Repair patches. To date, there have been six separate recalls issued for defective patches.

If you have undergone surgical hernia repair and experienced post-operative complications, such as unexplained pain, nausea, infection, or other symptoms, you may have been injured by a defective Bard Composix Kugel patch. The company, and not you or your private insurance carrier, should be responsible for your pain and suffering, as well as the medical bills you will incur. You have a right to recover, even if your model has not been recalled. The Utah medical malpractice attorneys at G. Eric Nielson & Associates can help. Call for a free, no-obligation consultation today.

In Salt Lake City: (801) 424-9088

Toll Free: (866) 605-4556

Killer Pain Killers, Part 2

2007-08-01T09:06:00.000-07:00

I recently posted about the dangers of opioid analgesics. Today, the Salt Lake Tribune reported that fatalities from prescription drugs occur have increased drastically since 1991, and now occur almost daily--and those are just numbers from Utah, not the whole country.

According to the article, written by Lisa Rosetta, "Utah now loses more people each year to lethal combinations of drugs--such as methadone, oxycodone and fentanyl--than it does to car crashes."

As startling as that is, what's worse is that some of these deaths may be due to careless prescriptions by physicians. The report continues:

"A recent federal study found that Utah leads the nation in the nonmedical use of prescription pain medications, with 6.5 percent of people age 12 or older having used these medications without a doctor's order in the past year....Multiple factors are driving the problem, Grey said. More prescription drugs are being doled out by doctors - as are more complicated, long-duration drugs, such as methadone. That drug, which can linger in a person's body for up to 100 hours, was implicated in many of the overdose cases, [Medical Examiner Dr. Todd] Grey said in an earlier interview. Seventy percent of those deaths occurred in either the first week the person was prescribed the drug or after their dosage was changed."

As discussed in my previous post, this is often because longer lasting drugs are replaced by fast-acting versions. This can have a "double-up" effect that results in fatal overdose.

Another part of the problem is that these drugs are aggressively marketed by their manufacturers. Often, the marketing understates or misrepresents the risks of the drug. For instance, the makers of OxyContin were recently fined $634.5 million for intentionally understating the risk of addiction. Nevertheless, in exchange for various perks from pharmaceutical sales reps, physicians will take patients off of one drug, and replace it with a different brand. But if a physician does so without appreciating the possible interim reactions during the transition, and someone is injured or dies as a result, it is medical malpractice.

Unfortunately, as the Tribune article points out, "David Sundwall, the state's health department director, said prescribing strong painkillers - and for long periods of time - has become the standard of care."

What that means is that more and more doctors are prescribing greater quantities of these dangerous drugs. If you suspect that a loved one has died because of complications related to prescription painkillers, you deserve some answers. The Utah medical malpractice lawyers at G. Eric Nielson & Associates can give them to you. Call us at (801) 424-9088, or toll free at (866) 605-4556 to speak with an attorney at no cost. You can also contact us online to schedule a free, confidential consultation today.

Birth Injuries May Last a Lifetime

2007-07-30T15:23:00.000-07:00

Anoxic/Hypoxic Ischemia

Two problems that can occur during childbirth are Anoxic Ischemia and Hypoxic Ischemia. Anoxic Ischemia means there was absolutely no oxygen being delivered to the baby during childbirth or right after delivery, and hypoxic ischemia means there was a decreased and inadequate amount of oxygen getting to the infant. The decreased amount of oxygen or the total lack of oxygen causes damage to the infant's brain and/or spinal cord.

When a newborn suffers from these serious conditions, it is quite possible that a physician's medical malpractice is to blame. Though hypoxic ischemic encephalopathy is quite rare (2-4 cases out of every 1,000 births), when the condition does develop, it is very serious in that it can threaten the baby's survival and cause permanent brain damage. Approximately 20% of all infants with this condition will die during the newborn period. And of the ones that do survive, at least 25% will have permanent neurological problems. Hypoxic ischemic encephalopathy is a frequent cause for epilepsy, mental retardation and learning disabilities.

The exact causes of this condition are not known, but some studies have revealed that complications with the umbilical cord, rupture of the uterus, maternal low blood pressure, and other complications can cause hypoxic ischemic encephalopathy.

What Can You Do?

Many mothers and fathers feel helpless when their baby is born with these conditions and they don't know how to manage everything that will now be coming their way. Young parents may be faced with astronomical medical bills, long-term care costs, and special schooling expenses. We can help you. Our law firm has attorneys with a great deal of medical malpractice experience, and we know how to help families that are in your situation. If your child's condition was caused by medical malpractice, we will fight to get you the compensation you deserve.

If you or a loved one has suffered from Hypoxic/Anoxic Ischemia or any other birth injury, please contact the experienced Medical Malpractice Attorneys at G. Eric Nielson & Associates, serving Salt Lake City, Price, Tooele and the surrounding areas.

Killer Pain Killers: OxyContin, Fentanyl, and Opioid Analgesics

2007-07-28T12:17:00.000-07:00

Analgesic drugs are commonly used to relieve pain. Some analgesics, such as aspirin and acetaminophen, are relatively mild and are available over the counter.

Other analgesics, however, are powerful narcotics, and are available only with a prescription. Some common prescription analgesics include morphine and codeine, which are naturally occurring opiates; hydrocodone (Vicodin and Lortab) and oxycodone (OxyContin and Percocet), which are semi-synthetic opioids; and fully synthetic opioids, such as Fentanyl and Methadone. Under the close supervision of health care providers, these drugs can play an important part of a patient's pain management regimen.

Unfortunately, these drugs can also cause serious side effects, from nausea and constipation to respiratory arrest and even death. Additionally, due to their narcotic nature, there is a high propensity for addiction and abuse. Over-prescribing these drugs, or improperly supervising a patient's pain management regimen, can cause serious personal injuries and give rise to medical malpractice claims.

Sometimes, careless physicians can transition patients from one narcotic painkiller to another, with disastrous consequences. For instance, Methadone is metabolized very slowly, and has a half-life of 15-60 hours. Additionally, it is fat soluble, and can remain in your system longer than other drugs. Likewise, OxyContin, a popular brand of oxycodone, is formulated to be released over time (the name is an abbreviation of Oxycodone Continuous release). When a patient is taken off of a "slow" drug and transitioned to a fast acting, instant release version, overdose can easily occur. The results of overdose can include respiratory arrest, anoxic brain injuries, or even wrongful death.

The Utah Medical Malpractice Lawyers at G. Eric Nielson & Associates are experienced in handling products liability and medical malpractice cases involving narcotics and pharmaceuticals. We work closely with a team of pharmacologists, toxicologists, and medical doctors to determine whether patients have been injured by dangerous drugs, medical negligence, or pharmacist error. If you or someone you know has been injured because of addiction, overdose, or death, contact the attorneys at G. Eric Nielson & Associates for a free consultation today. Remember, Medical Malpractice is All We Do.

Negligent Credentialing and Hospital Liability.

2007-07-17T12:50:00.000-07:00

In Utah, most physicians are not employed directly by hospitals. Instead, they are independent practitioners that enter professional service contracts with the hospital's corporate owners. Generally, because a doctor is not a hospital employee, the the corporations have no liability for the doctor's negligence. See generally Butterfield v. Okubo, 831 P.2d 97, 100 (Utah 1992).

Hospitals, however, have the responsibility to verify a physician's credentials before extending privileges. Significantly, an ongoing case in West Virginia might be the latest to recognize corporate liability of hospitals for negligently allowing incompetent or otherwise unqualified physicians to practice. The negligent credentialing of physicians is part of a growing problem with corporate mismanagement of health care, and may contribute to instances of medical malpractice.

The West Virginia case involves an injured patient's claims that a hospital's corporate parent, Hospital Corporation of America, Inc. ("HCA"), acted unreasonably by extending hospital privileges to a doctor with more than a hundred medical negligence claims against him. Locally, HCA and its corporate subsidiaries own and operate several hospitals, including St. Mark's Hospital, Ogden Regional Medical Center, and Timpanogos Regional Hospital.

If you or someone you love has been injured by a physician's medical malpractice, the hospital's corporate owners might be liable for granting privileges to the negligent doctor. The medical malpractice attorneys at G. Eric Nielson & Associates can speak with you directly and tell you if you have a negligent credentialing claim.

Recovering for Minor Plaintiffs: What's Next?

2007-07-16T13:00:00.000-07:00

Recovering monetary awards for medical expenses and pain and suffering caused by birth injuries is an important part of our job. It is rarely, however, the last step in the litigation process. The Utah malpractice attorneys at G. Eric Nielson & Associates also work closely with parents and legal guardians to assist with planning for a minor's future medical and other expenses.

One of the most frightening aspects of having a child who has suffered a birth injury or other harm from medical malpractice is planning for their future economic needs. Birth injuries resulting in cerebral palsy, nerve damage, or other complications guarantee a lifetime of medical bills and other unique expenses. We make it a priority to assist clients with planning for the future needs of children who are victims of medical malpractice. Through our network of experts, and close relationships with financial professionals, we can help parents answer questions about the future health care needs of children who are victims of medical malpractice.

Additionally, many young children are dependent on state and federal assistance programs. Without careful planning, settlement of a minor's personal injury claim can jeopardize their eligibility for certain kinds of government assistance. The attorneys at G. Eric Nielson & Associates will assist parents and legal guardians in planning for these special needs.

If you are the parent of a child who has suffered a birth injury or other harm from medical negligence, contact the medical malpractice attorneys at G. Eric Nielson & Associates today.