Slater Law, LLCWest Des Moines Personal Injury Lawyer | Central Iowa Malpractice Attorney2024-03-14T16:16:00Zhttps://www.slaterlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1402525/2022/02/cropped-site-identity-32x32.jpgOn Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504462024-03-14T16:16:00Z2024-03-14T16:16:00ZShoulder dystocia is a rare but serious condition that can occur during childbirth. It happens when one of a baby’s shoulders gets stuck behind their mother’s pelvic bone after the baby’s head has been delivered. This situation requires immediate medical attention to ensure the safety of both the mother and the baby.
Potential complications
If shoulder dystocia isn’t handled appropriately, it can lead to significant complications for both the baby and the mother. For the baby, the primary risks include birth injuries such as brachial plexus injuries, which can lead to weakness or paralysis in the arm. There's also a risk of oxygen deprivation if the delivery is delayed, which can result in brain damage or, in severe cases, death.
For the mother, complications can include severe bleeding after delivery. Tears or bruising to the vagina, cervix or rectum are possible. In rare cases, an emergency procedure is needed to resolve the situation.
Signs that shoulder dystocia may occur
Several factors can increase the risk of shoulder dystocia. These factors include a history of shoulder dystocia in previous deliveries, gestational diabetes, a large baby, obesity in the mother and having a prolonged second stage of labor. While it's not always possible to predict shoulder dystocia, being aware of these risk factors can alert healthcare providers to the potential for complications.
The management of shoulder dystocia requires swift and skilled intervention by the healthcare team. Techniques to resolve shoulder dystocia repositioning the mother’s legs to her chest to widen the pelvis and applying gentle pressure to the mother's abdomen to assist in dislodging the baby's shoulder. In all cases, the priority is to deliver the baby safely while minimizing the risk of injury to both the baby and the mother.
When proper care isn’t promptly provided, mother and baby may suffer harm. If medical negligence is a factor in a matter like this, seeking compensation is possible. This should be done quickly. Having a legal representative to assist may benefit victims since these cases tend to be both complex and consequential.]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504412024-02-29T20:00:33Z2024-02-29T20:00:33ZThings may not turn out as expected in medical treatments. The human body is so complex, and one person’s body can act so differently in a situation than another’s that it would be unrealistic to expect guaranteed results.
So, it’s no surprise that a different outcome to the one you hoped for won’t necessarily constitute medical malpractice. Doctors would be in court all the time if it did.Here is what you must prove to a court if you hope to convince them a particular incident constitutes medical malpractice:
The defendant had a duty of care toward you
Once a doctor decides to treat someone, it creates a doctor-patient relationship - and the doctor then owes that person a duty of care. That does not mean you can bring a claim against any medical staff in the vicinity at the time.
They deviated from that duty of care
What would be normal for a doctor to do in the circumstances? Often, there are several options a doctor might take, all of which may be acceptable. If, however, your doctor did something that hardly any other doctor in their position would have done, that may qualify as a deviation from their duty of care toward you.
You suffered harm as a direct result of their actions
There are two parts to this. First, you need to prove that you have suffered significant harm. For example, losing your sight rather than merely having to wear a patch over your eye for a few weeks.Secondly, you must directly correlate your injury with the doctor’s actions. Them dropping a scalpel into your eye likely would count. You walking into something on your way out probably wouldn’t.Courts are cautious when dealing with medical malpractice claims. Experienced legal guidance will increase your chances of success.]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504372024-02-20T13:51:02Z2024-02-20T13:51:02ZNot many life experiences are as joyous as having a child. From attending prenatal clinics to planning the baby shower, choosing a name for your baby, shopping for newborn stuff and setting up a nursery, parents leave nothing to chance to ensure that their child’s arrival is as safe as possible.
Sometimes, however, things don’t quite go to plan. Despite advances in medical technology, birth injuries still happen; and one of the most devastating injuries your baby can sustain during birth is an injury to the brain. But how do brain injuries happen at birth?
Understanding the leading causes of brain injury at birth
Childbirth can be a very delicate process. Human error can greatly increase the risk of brain injury. Here are some of the leading causes of brain injury at birth:
Prolonged labor
Prolonged labor (also known as “failure to progress”) happens when labor takes an unusually long time. If this happens, the mother’s doctor or nurses are required to monitor the contractions and their strength. They are also required to monitor the baby’s vital signs. If prolonged labor continues and contractions are medically deemed weak, the doctor is supposed to make the call for a C-section. If this does not happen fast enough, the baby might suffer damage to the brain due to oxygen deprivation.
Improper use of birth-aiding tools
The improper use of birth-aiding tools like vacuum extractions and forceps can also result in trauma to the baby’s head and brain. A vacuum extraction, for instance, can stretch or tear the nerves on the baby’s head and neck putting them at the risk of both head and spinal cord injuries. Excessive suction too can hurt the baby’s head and scalp. Improper use of the forceps can also result in skull fractures, brain hemorrhage as well as cerebral palsy.
Exploring your options
The road to recovery after a brain-related brain injury can be quite taxing, both financially and emotionally. Find out how proper legal guidance can help you hold the liable party accountable when filing a birth injury lawsuit.
]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504342024-02-04T15:21:35Z2024-02-04T15:21:35ZThousands of wrong sites surgeries happen every year
There are many types of wrong site surgeries possible, and certain types are far more common than others. When looking at orthopedic surgeries in particular, there is a clear trend regarding wrong-site surgery errors.
Roughly 59% of the errors reviewed involved the surgeon operating on the wrong side of the body. Another 23% involved the doctor operating on the correct side of the body but the wrong location nonetheless. 14% of the errors involved the doctor performing the wrong procedure, and 5% of the errors resulted from a surgeon operating on the wrong patient. '''
While a patient is far less likely to undergo the wrong procedure than they are to have a doctor perform it on the wrong side of their body, they still could experience substantial medical harm because of that mistake. A patient could become ineligible for future treatments or could have a much longer recovery because they need to have a second procedure after the first one that resulted in mistakes.
Filing a medical malpractice claim can help cover the financial losses generated when a surgeon operates on the wrong site.
]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504322024-01-29T14:48:41Z2024-01-29T14:48:41Zconcerning portion of those living in nursing homes experience either abuse or neglect while living in these facilities. Families may do their best to find facilities with good reputations, but there is never any guarantee that a loved one has protection against neglect or abuse.
Those who know that their loved ones are most at risk may do a better job of protecting them. Who is most at risk of abuse or neglect in a nursing home?
Those with severe limitations
Older adults with more pressing medical challenges are often those most at risk of mistreatment in a nursing home. Their inability to advocate for themselves and communicate effectively with others makes it easier for staff members to get away with mistreating them or ignoring their needs. The demands they place on their caregivers may contribute toward burnout or negative attitudes that compromise the quality of care they receive. The more limitations someone has, the greater their chances of enduring mistreatment while living in a nursing home.
Those with no nearby relatives
Nursing home workers who abuse or overtly neglect certain residents often choose who to mistreat while conforming to industry standards for the care of other patients. They may target individuals who do not seem to have involved family members. After all, it is often the children or other loved ones of nursing home residents who intervene to protect individuals against abuse or neglect. Therefore, those who do not regularly get visitors or whose only family members are in another state may be at elevated risk.
Those dependent on Medicaid
Most older adults do not have enough in personal savings to cover nursing home costs. If they rely on Medicaid for benefits, the low rate of reimbursement provided by the state for services can sometimes affect the conduct of workers at the facility.
Unfortunately, the sad truth is that any older adult could be vulnerable to abuse or neglect. Remaining actively involved in someone's life after their move to a nursing home may help family members more quickly identify signs of abuse and intervene for the protection of a vulnerable loved one.]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504302024-01-24T05:17:31Z2024-01-24T05:17:31ZSepsis is a severe and life-threatening condition that can result from the body's response to an infection.
While it can occur naturally, there are instances where sepsis is the consequence of medical malpractice within health care settings.
4 reasons sepsis can occur in medical settings
Sepsis can result from various infections, and it is a medical emergency. Sepsis can lead to long-term injuries, including organ damage or death. Unfortunately, it can sometimes take providers far too long to recognize what is happening to a patient right in front of their eyes. Even worse, sepsis may be the result of:
Inadequate hygiene practices: Infections can occur within medical settings when proper procedures are not followed to make sure that medical equipment, providers’ hands and things in the patient’s room are not properly cleaned.
Poor sterilization procedures: Surgical rooms and surgical equipment have to be properly sterilized to prevent patients from contamination by bacteria that can lead to sepsis.
Surgical errors: Sepsis can also result from surgical errors, such as leaving surgical instruments or foreign objects inside a patient after a procedure. Surgeons and medical staff sometimes fail to adhere to safety protocols that minimize the chances of such mistakes.
Mismanagement of catheters and IV lines: Catheters and intravenous lines can push dangerous bacteria into a patient’s body. Leaving these items in a patient’s body too long without changing them can also cause infections to start.
Sepsis can cause fevers, rapid heart rates, difficulty breathing, low blood pressure, an elevated white blood cell count and altered mental states or confusion. Doctors can be too quick to dismiss these signs, especially in older patients.If a loved one suffered permanent injuries or death due to hospital-acquired sepsis, it would be wise to seek experienced legal guidance. ]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504272024-01-12T20:16:42Z2024-01-12T20:16:42ZEmergency rooms are key points of access for those with medical challenges. If someone does not have a referral from their primary care physician and cannot wait for an office appointment, the emergency room can help them connect with immediate medical evaluation. People can receive life-saving care right in an emergency room or a rapid evaluation that leads to hospital admission.
Unfortunately, emergency rooms can be quite busy. The people working there do not treat patients on a first-come, first-served basis. Instead, they apply medical triage rules to establish patient priority. Those rules may lead to unfavorable outcomes for some individuals.
What the triage process involves
The nurses, physician assistants and other professionals working in an emergency room have to make rapid judgments about the condition of those seeking care. Not only do they need to carefully consider whether someone is in immediate need of medical treatment, but they must also consider how likely they are to benefit from it. Someone who is unlikely to survive their injury or medical condition may not receive the same degree of priority as someone in critical condition who might respond to treatment. Additionally, clear medical emergencies may take precedence over matters that might seem less severe. Unfortunately, a combination of internal bias, distraction in a high-pressure environment and miscommunication might lead to people waiting for care when they need immediate help. Emergency room mistakes can have dire consequences for patients who do not receive the timely care that they require. Establishing that other medical professionals would have understood the situation better could help someone develop a medical malpractice claim related to an emergency room mistake.]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504242024-01-12T13:49:49Z2024-01-12T13:49:49ZBusinesses demand too much of individual doctors
There was a time not long ago when general practice and family doctors knew every patient on their roster. They were on a first-name basis with their patients and were well aware of their personal and familial medical histories. That time has long since passed.
Modern medical practices often demand that physicians carry an unsustainable patient caseload. Most physicians carry a patient load of somewhere between 1,800 and 2,000 patients, which is well above the recommended limit of 1,000 patients. It is impossible for any one doctor to remember all of the details about 1,800 or 2,000 different patients.
As if that weren't bad enough, corporate medical practices often demand that physicians see a specific number of patients on any given day. Doctors therefore have to limit their time with each patient to only a few minutes, which could lead to major diagnostic mistakes or an inadequate review of their medical records. While corporate medical practices are undoubtedly very efficient, they also create scenarios in which doctors cannot provide the best standard of care theoretically possible.
How malpractice lawsuits can help
The most obvious benefit of filing a medical malpractice lawsuit is potential compensation for those harmed by substandard medical care. However, medical malpractice lawsuits can also be beneficial for others because they may lead to a corporate medical entity changing how it operates. When the potential to lose money raises questions about current workplace practices at hospitals and medical offices, the focus may switch back to the needs of the patients in part because doing so can save the business money.
Filing a medical malpractice lawsuit after diagnostic errors or other preventable medical issues could benefit those directly impacted by malpractice and anyone else seeking care at a careless facility in the future.]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504212023-12-29T20:57:17Z2023-12-29T20:57:17ZIt’s likely not reassuring to any potential patient to learn that a private equity firm has purchased a nearby hospital. This has been a trend in the past couple of decades as many hospitals have struggled financially.
After all, a private equity firm’s main goal is to turn a profit. That goal can conflict with what’s best for patients. The findings of a newly published study support that.
What preventable adverse events are more common in these hospitals?
According to the JAMA study, the number of “adverse events” in a hospital purchased by a private equity firm rose by 25% within three years compared to other hospitals.Central line infections rose by almost 38%. A central line, also known as a central venous catheter (CVC) is used to give patients medications and fluids through one of their primary veins. These infections are considered completely preventable.There was also a 27% increase in patient falls. Falls are often the result of understaffing because patients often get up on their own to use the restroom or some other reason if no nurse or other staff member responds to their call. The rate of bedsores rose by 25% -- also a sign of a lack of attention.While staffing shortages, particularly among nurses, are a problem in many hospitals and other health care facilities like nursing homes, the researchers cited cost-cutting measures popular with private equity firms as a reason for staff cuts. One lead researcher said, “Reductions in staffing after acquisition could explain all of these findings.”
What about death rates?
The good news is that the private equity-owned hospitals studied didn’t have a higher rate of patient deaths either during or within the month after discharge. However, death rates are often a reflection of the health and medical condition of patients in the hospitals rather than the quality of care they receive.If you want to find out whether your local hospital is owned by a private equity firm, that may not be as easy as you think. The transactions don’t have to be public information. Making these transactions public and providing more oversight of them are reforms that the U.S. Congress has managed to find rare bipartisan agreement on.If you or a loved one has suffered harm in a hospital that you believe could and should have been prevented, it’s wise to get experienced legal guidance as soon as possible. You may be able to seek justice and compensation.]]>On Behalf of Slater Law, LLChttps://www.slaterlaw.net/?p=504162023-12-13T22:10:48Z2023-12-13T22:10:48ZCerebral palsy is a condition often caused by a lack of oxygen to a child’s brain during birth. For example, perhaps medical professionals made mistakes while assisting with the birth that resulted in oxygen flow being cut off or significantly reduced. If this isn’t addressed quickly, permanent brain damage could occur that will affect the rest of the child’s life.
What signs should parents look for? It depends on the specific injury and the extent or severity, but some common signs include:
Tight muscles without enough elasticity
An abnormal gait
Tight and non-flexible joints
Weakness or loss of movement in certain muscle groups
Symptoms that have a larger impact on one side – such as a person who struggles with movement in their left arm but not their right arm
Lack of coordination
Speech and vision problems
Learning disabilities
Every case can be different. Some people may simply have minor mobility issues, while others may have severe cognitive impairments that mean that they need care and assistance for life.
Missing important milestones
One important thing for parents to remember is that cerebral palsy won’t always be obvious right away. It can sometimes impact when a child reaches certain milestones or it may keep them from getting there. For instance, parents may not know that their newborn has cerebral palsy, but they will realize that something is wrong when the child isn’t crawling, walking, rolling over or even talking at the times that doctors expect.This can sometimes lead to a delay in diagnosis, making these complex cases. Parents who are involved should carefully consider all of the legal steps they can take.]]>