List Of Emergency Surgeries That Are More Dangerous Than Commonly Thought

List of Emergency Surgeries That Are More Dangerous Than Commonly Thought

According to a paper published in JAMA Surgery, researchers have found that out of 421,476 patient records, there are 7 procedures that account for 89% of all admissions, deaths, and complications related to emergency surgeries.
 
These surgeries are mistakenly regarded for noninvasive and uncomplicated surgeries; this is proving to not be the case at all. The surgeries in question include partial colon removal, small-bowel resection, gallbladder removal, peptic ulcer disease operations, abdominal adhesion removal, and appendectomy. All of these surgeries have one thing in common in that they are in some way connected to the digestive system. This is considered to be a looming catastrophe because the cost of this type of care appears to be becoming higher than that of diabetes, heart attacks, and cancer diagnoses. Not only do measures need to be taken to reduce these costs, but doctors and health care professionals also need to figure out why these surgeries are becoming much more of a problem than they should be.

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Are Medical Errors The Leading Cause of Death in the U.S.?

Are Medical Errors The Leading Cause of Death in the U.S.?

There are many diseases and illnesses that take the lives of Americans each year; heart disease and cancer take the most lives than any other disease. It's hard to think that the one place most everyone goes to in order to recover from these illnesses is also one of the causes of so many of the deaths in our country. According to a John Hopkins study that took place in May of 2016. Medical error is now ranked as the third leading cause of death, taking the lives of 250,000 people in the United States every year. This is absolutely inexcusable; we need to figure out the cause and stop this from happening any further. One possible contributor is the well-known fact that doctors are often burnt out from their duties of overseeing the care of numerous patients daily. That being said, one of the main issues with this entire topic is that it is hardly openly discussed. The tolerance level for these type of errors is much higher than that of any other industry. It is possible that the lack of standardization in medical practices could be a contributing factor. Doctors are given a lot of free range with their methods and procedures. For instance, in the airline industry when a plane crashes or a passenger is mistreated, it is widely considered a public safety issue. Why do we not hold medical institutions to that same level of responsibility? Another frightening point to consider is that this is only the statistics for the number of deaths caused by medical error. There are estimates that severe patient injuries that resulted from a medical error are at a number 4o times the death rate.
At Martin Walker Law, our number one priority is you and your well-being. We believe that Justice should have no parameters. That’s why it’s important for you to call us for a free consultation today – 903.526.1600
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Medical Errors Can Harm Anyone

Medical Errors Can Harm Anyone

No one is immune to medical malpractice errors.
There are over 22 cases reported of a lawsuit involving a celebrity in a medical error. Some of these surgeries range from heart surgeries to gallbladder removal. And the celebrities affected range from Julie Andrews to Andy Warhol. Julie Andrews received permanent damage to her throat after a negligent procedure. Dana Carvey was impacted by a serious injury after a surgeon operated on the wrong artery during a heart surgery. Dennis Quad's newborn twins received an overdose of medication in a hospital that caused them to internally bleed.
There is something to be said about the fact that even the rich and famous who can afford intensive medical care are still subjected to such traumatizing medical injuries. This fact should be brought to the light more often; especially with patients who are depending on these surgeries to improve their quality of life. These surgeries are sometimes the one thing that stands between a man or woman being able to make a living for themselves, or their families. Do your research on each hospital and doctor before deciding on who to trust your life with. It may be easier to go into a surgery blind and have full faith and trust in the surgeon, but that could be a fatal mistake on your part.
Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit: http://www.martinwalkerlaw.com/
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A Curated List of Medical Malpractice Trends from 2018

A Curated List of Medical Malpractice Trends from 2018

Medical malpractice payouts are on the rise this year. We have compiled a list of some of the most interesting and informative trends that could possibly help you in the future. The first trend that sparked our interest is that medical malpractice payouts are on the rise. Back in 2003, $4.8 billion dollars were paid out in the U.S. medical malpractice claims. However, that number fell to $3.6 billion as recently as 2012. It is estimated that if this current trend continues malpractice settlements could exceed $4 billion by the end of 2018. Another trend is that malpractice trends tend to vary state by state. Although the payout that results in each case may vary no matter what state the claim is made. There is a trend of some states having a higher average payout than others. New York, New Jersey, and Rhode Island have a higher average payout than Southern and Midwestern states such as Wisconsin, South Dakota, and North Carolina. Malpractice Payouts vary based on the severity of the outcome for the patient. It does not matter if something avoidable was done to you or a family member in medical care, what matters is its impact on you, if any. Patients that suffered quadriplegia or brain damage generally take home an average of $1 million dollars. In contrast, patients suffering temporary injuries received much lower payouts.

Some of the most common medical malpractice claims are diagnostic errors, surgery errors, inadequate or substandard treatment, and obstetrics.

At Martin Walker Law, our number one priority is you and your well-being. We believe that Justice should have no parameters. That’s why it’s important for you to call us for a free consultation today – 903.526.1600

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Pool Liability Tips

Do you own a pool? Plan to go swimming soon? There are some things you should know before taking a dip.
1. If you own a pool, you have to take great care to protect others. Backyard pools can be considered what is called an Attractive Nuisance. What that means is that unless you specifically put up safeguards, such as a locked gate, you might be held liable for anyone who is injured in your pool whether you invited them or not.
Pools also require a lot of care and attention to make sure their chemical balance is correct. An improper chemical balance can quickly cause minor to severe injuries.
2. If you are injured at a public pool you should investigate your city’s local rules. In some cases you cannot simply file a personal injury lawsuit against a publicly operated pool. Instead, you might need to start with a notice of claim with your local government.
3. Did you know that in most states pool lifeguards are legally required get a number of certifications involving swimming and pool safety? In Texas, for instance, a lifeguard needs to have special lifeguard, CPR, and first aid training. In some cases, states also limit what a lifeguard can be paid to do. For instance, they can’t man the snack bar and perform lifeguard duties.
Improper lifeguard training can be one area to look at when injured at a pool.
If you or someone you know has questions about pool liabilities, you can give us a call (903) 526-1600.


Jack Walker Speaks With The Dallas Morning News Over Disturbing Medical Malpractice Case

A disturbing story out of the Dallas area caught our attention last week. A case working through the federal court system seems to have revealed cases where nurses at Frisco-based Novus hospice facilities were allegedly ordered to overdose patients by the facilities’ CEO. So far, three of 16 defendants have entered pleas in the case with more to come.
Our own Jack Walker consulted with the Dallas Morning News to help provide perspective on this emerging case. "These intentional acts? This is horrific," Walker said, adding that if the allegations are true, "this is probably the worst that you could see because all of this is for a business purpose."
For more on this $60 million case that centers on Novus attempting to overcharge Medicare for services that were either unneeded or simply not provided, see this article over at dallasnews.com.


Do You Qualify for Medical Malpractice Compensation?

Though it may be hard to believe, mistakes in the medical field, outside of heart disease and cancer, cause more than 250,000 deaths each year. Unfortunately, these disasters leave people with long-term and sometimes even lifelong damage. 

If you feel that you are a victim to medical malpractice, we’re just a call away. We will expertly assess your case and try to give you the help that you deserve. The physical, financial, and emotional harm that comes from medical malpractice may seem overwhelming. But we are here to help. 

From anesthesia, medication, and surgery errors to a wrong, or deferred, diagnosis, compensation may be on the table. Here are some signs that you may be entitled to compensation from Medical Malpractice:

  • Negligence?: Did you think that the doctor was not careful with their assessment, or not sensibly adept in their treatment? Proof must be provided that the doctor who hurt you was incompetent in their course of action.
  • Injury from Negligence?: The negligence on behalf of the doctor must be proven that you didn’t have a pre-existing condition which caused harm. A patient has to prove that it’s “more likely than not” that the ignorance of the doctor directly caused harm.
  • Were There Specific Damages?: For example, if a doctor prescribed medication that was not related to your injury, or issue, and had no side-effects or pains associated with it, then it would be a waste of time to file a medical malpractice lawsuit. Damages include: mental anguish, physical pain, added medical bills or work that was lost or a loss in earnings due to the damages.

"Yes" to any of these may mean that you are entitled to Medical Malpractice compensation. Call Martin Walker PC at (903) 526-1600.


A New Bill Targeting Medical Malpractice Makes Progress

In Kentucky, a new measure is being considered that would significantly alter the process of pursuing lawsuits that are claiming medical error or neglect. This measure is following up an earlier change to Kentucky’s medical malpractice system. The bill has a republican lead sponsor; Sen. Ralph Alvarado. In an effort to “get with the times”, the goal of this bill is to bring Kentucky’s current system in-line with the malpractice laws in several other states.
Sen. Reginald Thomas opposes the bill stating that any changes could have a negative effect on pursuing any damages for medical mistakes or neglect. The bill would result in plaintiffs becoming big winners resulting from limits created by the bills caps on plaintiff’s attorney’s fees. These caps are seen as a negative because the money could instead be going to the person who was wronged; not the attorneys. Other complications are the fees that would result when someone other than the patient requests copies of patient records.
Also included in the bill is legal protection for the health care providers. If providers express sympathy for the pain or suffering of a patient; under the bill, those remarks could not be used against the provider in malpractice claims. The bill ultimately is designed to protect health care providers and the hospitals, while at the same time getting the attorneys out of the health care business. (AP News, Schreiner, 2018)


When Is An Employer Responsible For An Accident?

When you are hit in a car accident the driver that hit you can be held responsible, but often times so can the company he was working for.
Sometimes this liability can be obvious. A company employee driving a company branded vehicle while wearing a company uniform during work hours will most likely be found to be working for his or her company for liability purposes. There are other cases where perhaps an employee isn't performing his normal job duties or isn’t working during normal office hours, but is considered to be on a special errand for his employer so both they and the employer can still be found to be liable.
That said, the law can be confusing. If that same person in the same vehicle wearing the same uniform hits you while on their way to or from work, their employer might not be found responsible. In a case like that, the employee wasn't technically on the job yet or had finished their job duties for the day and so any accident they cause will be found to be their fault alone.
The distinctions between an employee being on the job or just coming and going from his or her job are just one of many different liability rules you are likely to encounter if you are the victim of a car wreck. The important thing to remember is that is that you don't have to handle these complexities alone. If you or a love one was involved in an accident and are having troubles recovering damages give us a call. Our experienced attorneys will work with you every step of the way.