Hip failures caused by faulty medical implants will cost taxpayers, employers, insurers and others billions in the coming years, experts say.

A recent News York Times article discussed the very high costs associated with victims of failing artificial hip prostheses. The story is particularly compelling for me because I represent a number of local people who are suffering horribly with medical complications caused by defective hip prostheses:

• A Hammondsport, N.Y.,  man who had the misfortune to receive the DePuy A.S.R. hip prosthesis that was recalled last year by its manufacturer, Johnson & Johnson. This poor fellow has already suffered through several surgeries in an unsuccessful attempt to replace the defective hip prosthesis but he continues to suffer significant ongoing complications.
• A Bath, N.Y., woman who also had the DePuy A.S.R. hip prosthesis and who is suffering dramatically elevated chromium and cobalt levels in her blood.
• Two women, from Corning, N.Y., and Big Flats, N.Y.

Although prosthetic devices can fail for a number of reasons (poor design, improper materials, improper installation, etc.), these particular cases involve hip prostheses that failed because of their metal-on-metal design.  Metal wear due to metal grinding on metal causes small flakes of metal debris to contaminate both the artificial joint and the patient’s bloodstream. This metal wear causes premature failure of the hip joint itself and has the nasty effect of causing all sorts of medical complications due to the metal contamination.

It is important to note that in our cases we are NOT claiming that the doctors who performed the surgery to implant the prosthesis were negligent. Our claims are against the manufacturers like Johnson & Johnson, who released a defectively designed product without performing appropriate long-term testing or otherwise confirming that the prosthesis as designed was safe.

The New York Times story points out a staggering toll from this failure:

• “Until a recent sharp decline, all-metal implants accounted for nearly one-third of the estimated 250,000 hip replacements performed each year in the U.S.
• Some 500,000 people have received an all-metal replacement hip!
• “Medical and legal experts estimate the hip failures may cost taxpayers, insurers, employers and others billions of dollars in the coming years.”
• Lawsuits and complaints against the makers of all-metal hip replacements have passed the 5,000 mark.
• Private insurers are warning patients that they plan to recover their expenses from any settlement money the patients receive, and Medicare expects to try to recover its costs, too.

The New York Times reporter also answers readers’ questions about the story here. And there is also a graphic here that explains why the implaints fail.

If you or someone you love in Elmira, Corning and the Twin Tiers has an artificial hip, be sure they are checked by their medical doctor to see whether they have an all-metal implant that could cause them major medical complications.

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

My sister-in-law let me borrow her copy a few months ago when I was hunting for a good summer book.  A first glance the topic — an anesthesiologist’s struggle to cope with her emotional and legal struggles after a mistake she made during surgery caused a young girl to die on the table — did not seem to fit my description of a vacation read (a.k.a. a slightly trashy, romantic drama that requires very little mental output).  However, I gave Oxygen a try, and I am so, so glad I did.

As a plaintiff’s malpractice attorney, I tend to view malpractice cases primarily from one perspective — the victim’s.  Seeing people in my office day in and day out who have been permanently injured or who have lost a family member due to negligence is a moving experience.  As the attorney hired to represent the these victims’ interests, I am compelled to do everything I can to see that justice is served for them.

However, reading Oxygen reminded me of the struggles doctors and nurses endure after committing malpractice.  Knowing you hurt or killed someone is a terrible cross to bear, yet our draconian medical insurance defense culture — featured prominently in the book — prevents doctors and nurses from acknowledging their mistakes and apologizing to the people affected by their negligence.  Worse, the insurance system is set up to drag everyone — the victims and the doctors and nurses — through years and years of needless litigation all in the hopes of saving a few bucks.

As a society, we should be outraged.  Many of us who have dealt firsthand with these issues are, but the ever-powerful insurance lobby does everything it can to keep most people from realizing the true extent of what is going on.

If you get a chance, I truly urge you to give Oxygen a read.  If you do, please leave a comment for me.  I would love to know what you think.

Thanks for reading,

Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

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Last Sunday the New York Times ran an article in its business section entitled, “Welcome, Folks, to the Pinking of America.”  The article — half in praise and half tongue-in-cheek — lauded Nancy Brinker for the outstanding effort she has made as founder and C.E.O of the Susan G. Koman foundation.  Thanks to Brinker and the Koman community, EVERYONE is aware that pink = breast cancer awareness, and breast cancer awareness = saving lives.

But, how many lives are we really talking about?  According to the article, approximately 40,000 women (along with a few hundred men) die each year from breast cancer.  A big number, for sure, though far less than the number who die from heart disease and lung cancer.  The difference?  Marketing and the media-darling status of the ‘Get Pink’ crowd.  I do not mean in any way to disparage the Koman effort, but simply to point out how perceptions can be deceiving.

Take Medical Malpractice Victims, for instance.  According to a 2009 report by the Hearst Corporation, approximately 200,000 people die each year due to medical negligence.  200,000!!!  That is over four times the number of breast cancer deaths, yet pink is probably the last color most people associate with advocates — such as plaintiff’s malpractice lawyers — who fight on behalf of those who have died.

It’s time to change the perceptions.  Medical negligence is much, much more preventable than breast cancer.  It is everyone’s duty to help make sure you or your loved one are not the next ones to fall victim to something that should never, ever happen.

Thanks for reading!
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Image via Wikipedia

Many people are paralyzed by the thought of medical malpractice. Doctors and nurses — some of the most respected members of our society — are there to help and heal us.  They come into our lives when we need assistance, and we place our trust in their judgment and skill.

But, what happens when something goes terribly wrong?

There are several steps you should take if you suspect you or a loved one have become a victim of medical malpractice:

1. Ask LOTS of questions. This advice actually applies to all interactions with medical professionals, because the more informed you are about your own health, the more likley it is you will understand the treatment being provided to you.  Don’t be afraid to tell a doctor or nurse you don’t understand the technical terms being used.  Ask specific questions about your diagnosis and prognosis, and inquire about all alternative treatments that are available to you.  Ask your doctor or nurse directly if something went wrong.  Although you may not get a straight answer, it never, ever hurts to ask.  Knowledge is power, and when you are talking about your health, you want to be the most powerful person in the room.

2. Take LOTS of notes.  It is hard to remember everything that happens, especially if you are sick for a long period of time and are under substantial stress. Take notes yourself or have a loved one keep an ongoing diary.  If you are in the hospital, write down the names of each and every nurse, aid, doctor and resident who comes into your room with a brief description of what each person did and said. Remember, however, to show discretion.  Ultimately your health and recovery are the most important things, and you don’t want to create any unnecessary tension.  Some health professionals may become anxious if you are taking notes each time they treat you, and preoccupation with notetaking can distract you from paying close attention to what the doctors and nurses are actually doing and saying. The primary purpose of taking notes is to help you remember what happened down the road, but getting better is certainly a much more important goal.

3.  Research.  Gone are the days when medical knowledge is held by those with years of training.  The internet is full of very good resources about all types of medical conditions.  I generally start with an organic google search then look on you tube to see if any videos are posted about the condition I am researching.  I have assembled several very useful compendiums on various medical conditions, and you are welcome to contact me at the email address below to see if I have anything that is helpful for you.

4.  Request your medical records.  You generally want to wait until you have made substantial recovery before requesting your records.  To request records, simply call or go to the medical records department at the hospital or office where you were treated and request copies.  ALWAYS GIVE A DATE BY WHICH YOU EXPECT TO RECEIVE THEM! Even though most records are kept electronically these days, records offices often wait weeks or even months to provide them.  If the date you gave comes and goes and you have not received the records, call or go to the office immediately and request them again.  In New York state it costs $0.75/page for each page of records, but providers are not allowed to withhold them solely on the basis of your inability to pay.

5.  Call a malpractice attorney.  Ultimately this is the best way to find out if you actually have been the victim of malpractice.  I screen many, many potential medical malpractice cases each year, and even though Ziff Law only excepts a few due to a variety of reasons, I am usually able to give the potential client a good sense of whether or not has been victimized.

The bottom line is that you have a right to know what happened.  By taking these steps you may be able to finally get some answers.

Thanks for reading.
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Speak No Evil says the Medical Community!

As a NY medical malpractice lawyer for more than 25 years, I am well aware of the “white-coat conspiracy of silence.”

This is an unwritten but well-known code of conduct that is routinely followed by doctors, nurses, hospital administrators, etc., that says:

“No matter what … never, ever, EVER … admit that one of your medical colleagues did anything wrong.”

A recent NY case against a Manhattan hospital turned that Code of Silence upside down when it ordered a doctor to turn over an email that he had written that was critical of the medical care provided to a patient. Needless to say, defense lawyers for the hospital who were claiming the medical care was OK screamed bloody murder and tried everything in their power to suppress this email so it would never see the light of day.

Here is a quick summary of the lawsuit, from a New York Law Journal article:

Rose Lowenthal, 89, died from post-operative developments two days after successful hip surgery at New York Downtown Hospital in December 2008.

Her surgeon, upset by her death, wrote an email to the chief of the hospital’s surgery department, criticizing Mrs. Lowenthal’s post-operative care.

Mrs. Lowenthal’s son filed suit in 2009 and the hospital refused to turn over the email, saying it was confidential because it was turned over to the hospital’s Quality Assurance Committee.

But a Manhattan Supreme Court justice rejected that argument, telling the hospital to turn over the email in the lawsuit because the hospital had not proved the email was written for the committee.

In an affidavit, the surgeon said he wrote the email on his own, and added that he was not invited to participate in the committee’s meeting or the morbidity and mortality meeting in Mrs. Lowenthal’s case.

The family’s lawyer, Scott Rubin of Levine and Grossman in Mineola, said the doctor’s unsolicited critical letter was the first of its kind he’d seen in more than 30 years of practice.

“Usually doctors don’t send letters excoriating departments or other doctors,” he said, adding with great understatement that the email “could be quite helpful to me.”

Why would the hospital’s lawyers be so upset by the disclosure of this email? Wouldn’t they want the truth to emerge? Wouldn’t they want to improve the medical care provided by the hospital?

Well, you would think so, but the reality of it is that these lawyers don’t want any doctor’s criticism of another doctor or medical provider to EVER see the light of day ….

I am glad the judge disagreed and ordered them to turn over the email!

Thanks for reading.

Jim
__________________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607) 733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

The new shorter court schedule will be bad for Chemung County courts.

Thanks, Jim

It's up to you to be vigilant when you or someone you love faces surgery!

As a New York medical malpractice lawyer who has handled “wrong-site” surgery cases, I wasn’t too surprised to see the news report that estimates that 40 times a week (that’s more than 2,000 times a year!), doctors mistakenly operate on the wrong site.

Huh, the wrong site? Yup, that happens when a doctor is supposed to operate on a RIGHT knee and he operates on the LEFT knee. Or the doctor was supposed to operate on the left eye and he operates on the right. Can you say “Ooooooppppsss”?

But this is NOT funny. The victims of wrong-site surgery suffer all the dangers of surgery (bleeding, infection, scarring, disability, etc.) with none of the benefits of the surgery they were supposed to receive. In fact, many times, the patient is so weakened by the wrong-site surgery that they don’t have the strength to undergo the surgery they were supposed to have.

The Washington Post reported this week that seven years after the Joint Commission, the group that accredits our nation’s hospitals, unveiled mandatory rules to prevent surgery errors, the problem may actually be getting worse!

The good news is that progressive hospitals and doctors are implementing strategies to combat wrong-site surgery, according to the report. Some strategies are simple: require the doctor to physically mark the site of the surgery during the pre-operative preparation; make both doctors and nurses double-check one another as to the proper site of the surgery, and so on.

Medicare is also creating a very strong incentive for doctors and hospitals to ensure that they do not perform surgery at the wrong site by refusing to pay any of the expenses associated with the incorrect surgery. Nothing like hitting someone in the pocketbook to make them pay attention!

And finally, the prospect of an expensive medical malpractice lawsuit is also a strong deterrent to this sloppy mistake that simply shouldn’t occur. In NY and PA, where I routinely practice, it is medical malpractice for a doctor to perform surgery at the wrong site because the standard of care for proper surgical practice always requires the surgeon to confirm the proper site for surgery BEFORE operating.

According to the Washington Post report, based on state data, Joint Commission officials estimate that wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics. In 2010 alone, 93 cases were reported to the accrediting organization, compared with 49 in 2004.

“Attention to the problem comes at a time of increased focus on the broader issue of medical errors, which a recent study found affected one-third of hospital patients,” the report said.

The federal government recently introduced a program aimed at reducing medical mistakes, the Post reported. Medicare requires reporting and does not pay for wrong-site surgery, and many insurers have followed suit, the Post added. Next year, Medicaid will begin a similar policy.

Wrong-site mistakes have multiple causes, experts told the Post: mixing up the left and right sides; operating on a patient who was accidentally given test results belonging to someone else; marking the incorrect vertebrae in spinal surgery; neglecting to mark the site at all. Some occur even though a member of the surgical team thinks something might be wrong but fails to speak up, fearful of slowing the process or challenging the surgeon in charge.

Please remember when you or someone you love is facing surgery – be watchful and ask questions!

Thanks, Jim

Two years ago Ziff Law Attorney Jim Reed and I spent several days shadowing Dorothy Clay Sims, an exceptionally bright and fiery attorney from Ocala, Florida.  Dorothy and Jim had met through a national Medical Malpractice organization, and she generously invited both of us to come to Ocala, stay in her home, and shadow her to learn her very particular method of building lawsuits and cross examining doctors.

Today, I opened by copy of the Elmira Star Gazette and saw a picture of Attorney Sims seated right next to Casey Anthony at counsel’s table!  Yes – that Casey Anthony.  Turns out Attorney Sims joined the defense team last fall and is expected to use her skills in cross examining doctors to help poke holes in the prosecution’s case and support the theory that Caylee Anthony drowned in her grandparent’s swimming pool.  Although Attorney Sims has not had a large role in terms of presenting the case, she has been photographed embracing Casey several times and cross examined Lee Anthony, Casey Anthony’s brother.

I can honestly say I have never met anyone quite like Dorothy Clay Sims.  She has the energy of five people, and is seemingly always engaged in several different activities — all at the same exact time.  When Jim and I were in her office she asked us to observe her take a doctor’s deposition by phone.  Although I vowed not to give away her secrets to success, trust me when I say I have never seen anything like it.  Her ability to find a way to get the information she needs when she needs it is unparalleled, and she puts the hammer to witnesses with just enough charisma to keep them talking.

Dorothy’s book, “Exposing Deceptive Defense Doctors” is a bible for a good deal of the plaintiff’s bar — and a must-read for anyone who handles medical malpractice cases.  My copy rests within arms reach, and I find myself consulting with it more than I do with any other source.  The trip was well worth the tiem and expense.  There is simply no substitute for learning from the best.

My husband is a prosecutor at the Chemung County District Attorney’s Office.  He has been following the Anthony trial very closely — and was floored when I told him we had stayed at Sims’ house.  Looks like her star is truly rising.  I am very excited to see what she can do for Casey Anthony.  If I were the state’s attorney, I would take notice that Dorothy is on deck.

Thanks, Christina
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com
Blog: NYInjuryLawBlog.com

A recent Medicare study revealed patients at hospitals in Upstate New York and the Northern Tier of Pennsylvania often get worse, instead of better, because they become victims of preventable Hospital Acquired Conditions (HACs).

HACs are serious conditions that patients get during an inpatient hospital stay.  They include such events as such as patient falls, infections, foreign objects being left in patients after surgery, bedsores, poor blood sugar control for diabetes, and improper blood transfusions.

According to Medicare, if hospitals follow proper procedures, patients are should not acquire these conditions. Often referred to as “Medicare Never Events”, Medicare actually refuses pay for the treatment of any of these conditions, and patients can’t be billed for them.

The findings are nothing less than startling.  Below I parsed out the important statistics for several Upstate New York and Northern Tier Hospitals.  The first number is the rate of HACs per 1,000 discharges at each hospital.  The number is the national rate of HACs per 1,000 discharges.

In addition, Medicare provides a website that allows for head-to-head comparison of hospitals based on geographical location.

NAME OF HOSPITAL                                    HOSPITAL RATE           NATIONAL RATE

Upstate New York Hospitals

Arnot Ogden Medical Center

St. Joseph’s Hospital

Corning Hospital

Cayuga Medical Center

Finger Lakes Health/Geneva General Hospital

Olean Hospital

Ira Davenport Memorial Hospital

St. James Mercy Hospital

Cortland Hospital

Northern Tier Pennsylvania Hospitals

Robert Packer Hospital

Bradford Regional Medical Center

Bloomsburg Hospital

Geisinger Medical Center

Geisinger Wyoming Valley Medical Center

Soldiers and Sailors Memorial Hospital

Williamsport Hospital and Medical Center

Lewistown Hospital

Alleghany General Hospital