Medical malpractice caps would limit the amount of damages awarded in cases brought against doctors for negligence. Doctors argue that the caps would reduce healthcare costs in a couple of ways. First, malpractice insurance premiums would go down. Also, more and more doctors are practicing what is called defensive medicine, meaning they run tests and prescribe treatments that aren’t really necessary just to cover all the bases. In the event something goes wrong and a malpractice suit is filed against them, their defense can be that they literally did everything possible to treat the patient.

Defensive medicine is costly. Blood tests, X-rays, and medications are expensive, and when they’re used without valid reason, the cost is unsupportable. In addition, some treatments or medications can actually cause a patient even more harm rather than good. Doctors claim if they didn’t have to fear the possibility of paying large amounts in damages for medial malpractice, they wouldn’t have to practice defensive medicine, thereby reducing overall healthcare costs for patients.

But late last year, the Congressional Budget Office (CBO) reported that medical malpractice reform would not reduce healthcare costs as much as supporters say it would. Some lawmakers have estimated medical malpractice reform would save $100 to $200 billion per year. The CBO says the figure is closer to $11 billion. In other words, the reform would lower total healthcare costs by approximately one half of one percent annually.

In actuality, medical malpractice caps help doctors more than anyone. These caps would prevent doctors from being held fully accountable for failing to treat their patients properly, or even causing patients’ deaths through negligence or indifference. Medical students are now even being instructed how to take costs into account when treating patients, and how to practice defensive medicine.

Although medical malpractice reform was not part of the healthcare reform package, doctors haven’t given up on trying to get it passed by Congress. Consumers must educate themselves about how this reform would affect them. A medical malpractice attorney can help patients understand their rights, and ensure they receive appropriate compensation for any pain and suffering caused by a doctor’s negligence.

Some doctors practice not preventive medicine, but defensive medicine. They prescribe drugs that may or may not be needed, regardless of expense or risk, so that if something does go wrong, they are able to answer for their actions by saying they did everything possible to treat the patient. For example, when a disease like H1N1 comes to the forefront, not only in the community but in the press, doctors may be more likely to dispense more medication more often because so much attention is focused on them, whether directly or indirectly. The last thing they want is to be sued for medical malpractice, and to have to admit that a drug like Tamiflu was available, but they failed to provide it.

In some cases, though, this can work to the opposite effect. Some drugs, although they have been given approval by the Food and Drug Administration (FDA), may still end up doing more harm than good. This is becoming evident with vaccines like Gardasil that were created to combat cervical cancer. Several young girls have died as a result of receiving the vaccination.

The practice of dispensing this vaccine is now coming into question, not only because of the deaths that have been associated with it, but because of the practice of giving this vaccine in the first place. Cervical cancer is not a disease that has reached epidemic proportions anywhere in the world, and many people are asking why it was ever approved for the treatment of young girls, and whether it was tested thoroughly enough. Depending on the answers, many doctors may become the targets of malpractice suits for giving the vaccine without enough information, or enough cause to warrant it.

People want to trust their doctors. They spent several years in school and learning things on the job that most people would never have the time or inclination to learn themselves. But this doesn’t mean that a patient has to blindly follow a doctor’s advice. It’s still a good idea to try to educate yourself as much as possible, and be an active participant in your medical care, and that of your loved ones.

But that’s exactly was has happened to thousands of former patients at Rose Medical Center in Denver, Colorado and The Audubon Surgery Center in Colorado Springs. Northern Westchester Hospital in Mount Kisco, New York and Christus St. John Hospital in Nassau Bay, Texas are also under investigation for possible hepatitis C exposure from Kristen Parker.

Kristen Parker was hired by Rose Medical Center in Denver, Colorado as a surgical technician in October of 2008. In early 2009, Parker was required to undergo a urine drug screen. She passed the drug test and returned to work. Less that a month later, Parker was tested again for illegal drug use and failed this time. She was terminated from employment at Rose Medical Center on April 21, 2009.

Sometime in the spring of 2009, Kristen Parker was hired by The Audubon Surgery Center in Colorado Springs, Colorado. Audubon claims on their web site that Parker was still an employee of Rose when she was hired at Audubon.

Why did you hire her after she was fired from Rose Medical Center?
When we hired this employee, she was a current employee of Rose Medical Center.

What’s not clear is why Audubon claims only those between May 4 and July 1, 2009 should be tested since Parker was terminated from Rose on April 21, 2009.

Patients who had surgery at Rose Medical Center between October 21, 2008 and April 1, 2009 should be tested for the Hepatitis C virus. Patients who had surgery at Northern Westchester Hospital between October 2007 and February 2008 should be tested. There is no information about Kristin Parker’s employment at Christus St. John Hospital, but a phone call with the hospital did reveal that the hospital is aware of a possible connection although they would not give any specific dates. While the chances that you were infected by Parker at any of these facilities is small, you should consult with your doctor if you feel you are at risk.

Parker, as a surgical technician may have exposed thousands of surgical patients when she stole syringes of the painkiller fentanyl. She is accused of taking the stolen syringes meant for surgery patients and injected herself with the powerful narcotic to feed her illegal drug habit. She would then fill those used syringes with a saline solution and these “dirty” syringes were then used on surgery patients. Kristen Parker’s careless and reckless behavior and her total disregard for the safety of patients’ has put thousands at risk of contacting the hepatitis C virus. As of late August the count of confirmed hepatitis c cases that were directly connected to Kristen Parker had grown to 35.

Hepatitis C is a virus that attacks the liver and can lead to other serious diseases including liver cancer, cirrhosis and liver failure. It’s not unusual to show no symptoms until years later. Hepatitis C is a life-long disease. Although there is no cure, it’s important that you consult your doctor who can prescribe a treatment plan to manage this disease. And because of Colorado’s statute of limitations, it’s vitally important to consult with an attorney to discuss compensation for any possible future medical expenses, lost wages and pain and suffering related to your Hepatitis C infection.

Sweeping tort reform occurred in Colorado in the late 1980s. The victims of medical negligence (medical malpractice) were some of the people hardest hit. Among the legislation passed was a statute that limited recovery for non-economic damages (pain, suffering, disability, disfigurement, loss of enjoyment of life, and essentially all of the other non-medical bills, non-loss of a paycheck damages). In 1988, that cap was set at $250,000. That meant that, even if a doctor’s or a hospital’s mistake resulted in permanent quadriplegia for the patient, the most he could recover for his inability to even walk again, to pick up his children, to hug his dying mother, to brush his hair out of his face, or to even breath without the assistance of a ventilator, was limited to $250,000.

In 2003, that cap was raised to $300,000, and has not been raised since. While, at first blush, an increase may sound like progress, in truth, it was a step backwards. In the 15 years that had elapsed since the 1988 cap was put into place, inflation had reduced the purchasing power of a dollar significantly. A cap of $300,000 could be equated to a 1988 cap of $193,021. Did the intrinsic value of being able to move across a room on your own legs really diminished by over $50,000 between 1988 and 2003? Of course not. Has it diminished between 1988 and today? Of course not. Why, then, is the cap for non-economic losses in a medical malpractice case still capped at $300,000? Why are the victims of hospital negligence limited to recover what equates to about $160,000 in 1988 dollars for their non-economic losses?

Representative Christine Scanlan must be asking the same questions, as she recently announced that she will be sponsoring a bill this session aimed at restoring the original purchasing power of the cap on non-economic loss in medical negligence cases by allowing it to adjust for inflation. The net result, if passed, is that the bill will adjust the cap from $300,000 to approximately $460,000, and will then allow the cap to be adjusted annually, thereafter, as do the caps on many other damages (like those for people injured in a car accident). The bill also includes a mechanism for oversight of medical malpractice insurers by the Division of Insurance, to make sure rate increases, if any, are proper.

Copic Insurance, (the medical malpractice insurance carrier that provides insurance to about 80% of all Colorado physicians) not surprisingly opposes this bill. They claim, as support, that the country is in a recession and this isn’t the time for a change in the medical malpractice caps. Copic is correct. Our country is in a recession. However, that hasn’t changed the fact that things cost a lot more than they did in 1988. Bread and milk cost more. Gas costs more. And, all of this means that a dollar buys less (about 15 cents less) than it did in 2003. So, why does a recession mean we should try to make people who have been injured, whole with yesterday’s dollars? Are the hospitals charging less for than services than they did back in 1988, because of the economy? I seriously doubt it.

Objective, independent data make it clear that malpractice insurance rates have almost no impact on the overall cost of health care, that caps do not affect malpractice insurance rates and that malpractice insurance rates do not impact physician availability. Competition is one important mechanism for keeping insurance rates as low as possible. In Colorado, competition in the medical malpractice arena is almost non-existent. The lack of competition is a key reason why increased oversight is needed. Under current law there is no effective oversight of medical malpractice insurance rates by regulators and the Commissioner of Insurance has no authority to find medical malpractice rates excessive. Yet, every suggested policy change to the Health Care Availability Act (where the non-economic damage cap is found) is objected to by Copic on the grounds that malpractice insurance rates will increase. Increased regulatory oversight will protect physicians and other health care providers while providing crucial information to the legislature and the public.

When this battle kicks into high gear, Copic will undoubtbly blame the bill on “greedy trial attorneys” who are “trying to line their own pockets.” Copic Insurance (vis-a-vis the Colorado Medical Society, which formed Copic) has lobbyists that work all day at the Capital trying to implement laws that are favorable to Copic Insurance. Nonetheless, you will not hear them characterizing themselves as a “greedy insurance representatives trying to line their own pockets.” The average victim of medical malpractice doesn’t have the luxury of a team of lobbyists available to interact with the lawmakers at the Capital, and consequently has no real voice in the legislative process. (In fact, if that victim suffered a brain injury as the result of malpractice, he may have no voice at all). The victims aren’t organized, and likely are so busy dealing with the long-term consequences of their injuries that they don’t even have the time to put together any real grass-root effort to make changes to help others that will sadly someday follow in their paths. The attorneys who represent these men, women and children, however, are more organized, and have an obligation to be the voice of those they represent. That is why trial attorneys support legislation like the bill being sponsored by Representative Scanlan.

Do you know who else should and can support this legislation? YOU! You can become the voice to your Representative and to your Senator. You can tell them that you support the bill to index medical negligence caps and that you want them to do so, too. If you don’t know the names and numbers for your representatives, go to the following website: Colorado All Colorado Districts – Which Districts Are You In?On this site, on the right hand side of the map you will find a Find/Change Location option. This option lets you locate street addresses, city, and county data. Due to the dated nature of the street used in the map, the street information may not contain your street address. You may try the street address with the city included. If your street address can not be found, you may begin by locating the county or city in which you reside. Then use the Zoom In feature on the left hand side of the map until you can see where you reside on the map. At that point you can click on the District Info button on the left hand side and then click on the map at the location where you reside. In a few seconds a box will appear at the bottom of the map with a list of the district numbers and names for that areas State Senator, US Congressional Representative, and the State House of Representatives member. For more information, contact Bachus & Schanker at 303-893-9800 or email at swillis@coloradolaw.net.

And, if you have any doubt that the present law is out-of-date, just remember that 1988 was also the year Weird Al Yankovic won a “Best Concept Music Video” Grammy for “Fat,” the spoof of Michael Jackson’s “Bad.” “Nuff said!”

This number is much higher than anticipated and along with the Quaid incident implies these types of mistakes are much more common than people think.The study, conducted by the National Initiative for Children’s Healthcare Quality, found that there were 11 drug related harmful events for every 100 children who are hospitalized. Based on traditional detection methods, the initial estimate predicted 2 events per every 100 hospitalized children. This new statistic translates to approximately 540,000 children per year.

According to patient safety expert, the problem is probably more wide spread than the study suggests since it involved only a review of selected charts. Additionally, the study didn’t include general community hospitals, where the majority of children in the US requiring hospitalization are treated.

Some hospitals are now using trigger methods similar to the study’s methods. One of the triggers on the list is the use of the drug Naloxone, used as an antidote for a morphine overdose. Symptoms include breathing difficulty and very low blood pressure.Other triggers are the use of Vitamin K, used as an antidote for an overdose of Coumadin, a blood-thinner, a lab test to identify blood clotting problems indicating an overdose of heparin and use of a blood test to detect insulin overdoses.

What can you do to protect your child while in the hospital? Be an educated consumer. Do the research on any drugs or treatments you don’t understand. Keep asking questions. Ask your doctor to clarify anything you don’t understand. You have to right to a second opinion. You have the right to question to every caregiver that enters your child’s room, whether he/she is a doctor, nurse, or medical technician. You have the right to fight for your child’s safety.

Medical errors can happen anywhere such as in hospitals, clinics, outpatient surgery centers, doctors’ offices and nursing homes. Such errors occur when something that is planned as a part of medical care doesn’t work out as it should or is done wrong. Errors can include medicines, surgery, wrong diagnosis, the equipment, or lab reports.

In order to help prevent medical errors from happening to you, the Agency for Healthcare Research and Quality advises prevention with 20 tips. To see the full list of tips, please click here.

The most important thing you can do to help prevent medical errors is to be involved in your health care, make your own decisions and inquiries. To find out detailed information about local Colorado hospitals and patient safety and quality, please refer to the Hospital Report Card resource.

The attorneys at Bachus & Schanker, LLC, are here to help with your medical malpractice claim if such an error affects you or your family. Our medical malpractice attorneys possess the experience, knowledge, innovation, know-how, and financial resources required to effectively handle your medical negligence case. For more information on how we can help, please refer to the section on Medical Malpractice.

The law was signed in 2007 after Michael Skolnik passed away in 2004. Skolnik blacked out mysteriously in 2001 and a neurosurgeon said to operate immediately. Skolnik went through several surgeries and his condition continued to deteriorate over two years. His parents blamed the doctor, saying they tried to do research but found no information about the doctor or the record of the doctor’s prior medical malpractice settlement in another state.

The new state law requires new doctors to make disclosures as they apply for licenses. The remainder of Colorado doctor’s will be added to the new online database when their licenses are renewed in 2009.

According to the Colorado Board of Medical Examiners, each year, approximately 800 complaints are made against Colorado physicians and physician assistants. To find out the status of a particular physician’s license, or to report a medical malpractice incident, please visit the Colorado Board of Medical Examiners website.

At Bachus & Schanker, we know the importance of patient safety and the quality of care when it comes to your medical needs. Our attorneys possess the experience, knowledge, innovation, know-how, and financial resources required to effectively handle your medical negligence case.

For more information on our firm and how we can help, please click here.

Martin was working as a monitor technician at the hospital when the incident occurred. In early November, Martin entered the victim’s room while she was recovering from surgery and inappropriately touched her.

Martin has since been fired and stated that he is getting help for his behavior.

The victim did not appear at the Denver District Court to make a statement due to wanting to avoid the trauma.

For more information on patient safety and statistics at Colorado hospitals, please review our page on the 2007 Colorado Hospital Report Card.

At Bachus and Schanker, LLC, our medical malpractice attorneys believe that the safety and security of health care for American families should come first. Please click here to see how we can help you in your medical malpractice claim.

Rice was initially taken to Denver Health Medical Center complaining about shoulder and abdomen injuries. The primary-care nurse and physician did not follow up with an immediate exam of her stomach before she was transferred to the jail.

Since then, Rice’s parents have sued both the hospital and the jail due to their daughter’s complaints beign ignored which ultimately caused her death. Recently, Denver Health Medical Center has been cited for the failure of diagnosing and treating Emily Rice.

Medical malpractice actions can be brought by the injured patient or families of the patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Under Colorado law, the limits on Malpractice damages can not exceed $1 million.

Establishing Medical Malpractice cases can be difficult and complicated. We at Bachus & Schanker believe that the safety and security of health care for American families should come first. For more information about Medical Malpractice, please click here.