Halifax Medical Malpractice Lawyer Blog

Misdiagnosis Leads to Amputation

A recent ruling from the Court of Queen's Bench in Alberta confirms that prompt diagnosis can mean the difference between life and death (or in this case, life and limb).

Alberta farmer Wayne Forsberg has been awarded 1.5 million dollars in compensation as a result of medical negligence on the part of emergency room physician Dr. Dadi Naidoo.

Patient Suspected an Infection

In October 2000, Mr. Forsberg began to suffer from fever, stiff neck and a rash. He suspected that he might be suffering from meningitis because public health officials in the Edmonton area had been warning the public about a recent outbreak.

Forsberg attended the emergency department at the nearest hospital in Leduc.
The emergency room nurse who performed the triage suspected Forsberg was suffering from a blood infection and advised the attending physician, Dr. Naidoo. The nurse testified at trial that she asked Dr. Naidoo twice if the patient should be given antibiotics but was instructed to hold off.

Doctor Wanted to Wait

Dr. Naidoo testified at trial that he realized Mr. Forsberg probably had a blood infection but felt that he needed to discuss the issue with an infectious disease specialist before prescribing antibiotics.

Failed Attempts

The specialist Dr. Naidoo consulted with suggested a lumbar puncture which would help narrow it down the possible diagnosis. Dr. Naidoo tried unsuccessfully to perform the puncture on two occasions, resulting in further delay.

More than three hours after Mr. Forsberg arrived at the hospital he was finally transferred to Edmonton’s Royal Alexander Hospital where he was immediately started on antibiotics.

Unfortunately, as a result of the blood clots created by the meningitis bacteria surgeons had to amputate large parts of both of Mr. Forsberg's legs and one of his arms.

Justice Dennis Thomas stated:

When faced with a “very ill man” Dr. Naidoo knew that a probable cause was bacterial infection and that there was literally nothing to lose by a very prompt attempt to treat that possible infection with antibiotics. Any medical professional should clearly have known that was the case.

Prompt Treatment Would Have Limited Injuries

Justice Thomas concluded that if Mr. Forsberg had been started on antibiotics immediately he would have lost his toes and perhaps needed some skin grafts but he would have avoided from having to suffer from the major amputations of his legs and arm.

Mr. Forsberg was awarded $270,000 for non-pecuniary damages for pain and suffering and over $1 million dollars to compensate for business losses as a result of him having to sell his farm.

Prompt and Effective Treatment Critical

This case highlights the pressures on emergency room staff to effectively triage and diagnosis potential illness.

Differential Diagnosis Method

When diagnosing a potential illness doctors are supposed to use what is called the “differential diagnosis” method.

Basically the process requires the doctor to create a list of all the possible causes of the signs and symptoms that the patient suffered from.

The doctor is then required to conduct tests or investigations to rule in (or rule out) the potential causes until the doctor arrives at a final diagnosis.

Dangerous or life threatening illnesses are supposed to be placed at the top of the differential diagnosis list because, as the Forsberg case illustrates, they can have dire consequences.

More Information

"What is a Differential Diagnosis and Why is it Critical to My Care?"

Continue reading "Farmer Receives 1.5 Million Dollars for Emergency Room Negligence - Forsberg v. Naidoo" »

Hospital Acquired Infections

I recently posted about the dangers of hospital acquired infections like C-difficile and MRSA.

C- difficile Infections kill 4 in Cape Breton Hospitals

I also provided some advice to patients about how they can protect themselves from hospital acquired infections.

For the most part, these infections stem from hospital staff failing to follow proper sterilization techniques including simple precautions such as washing their hands before examining patients.

I recommended that patients keep a bottle of hand sanitizer by their beds and asking staff to use it before touching the patient.

My colleague Patrick Malone, a medical malpractice lawyer from Washington D.C. has some good advice on his blog about how to tactfully ask doctors and other healthcare staff to wash their hands.

The advice comes from Dr. Steven Kussin author of the book “Doctor, Your Patient Will See You Now”.

The recent series of C-Difficile infections in Cape Breton hospitals has brought some media attention to the problem of Hospital Acquired Infections.

I was doing some research on a case and came across information of a new antibiotic resistant "Superbug" that is being found in hospitals.

Carbapenem-Resistant Klebsiella pneumonia or CRKP is an antibiotic-resistant organism that can cause infections in health care settings like hospitals and nursing homes. The bacteria is often associated with pneumonia, bloodstream infections, wound or surgical site infections, and meningitis.

High Mortality

Patients infected with the bacteria have a very high risk of mortality (death). Previous outbreaks have had a mortality rate of up to 35%.

Limited Treatment Options

The CRKP pathogen is an enterobacteria, in the same family of bacteria as E. coli which als has a high mortality rate. CRKP is usually treated with the antibiotic colistin, or a similar drug. However colistin is so strong it is often toxic to patients.

So far CRKP has only been found in healthcare facilities. Unlike C-Difficile and MRSA and other superbugs, the organism has not spread into the community in general.

What Can You Do To Protect Yourself?

Take a look at my previous post for tips on protecting yourself from Hospital Acquired Infections like CRKP, C-Difficile, and MRSA.

C- Difficile Infections kill 4 in Cape Breton Hospitals

Cape Breton District Health Authority has stated that 21 patients in two Cape Breton Hospitals have tested positive for the bacteria C. difficile. Four people have died as a result of the infections.

Hospital Acquired Infections a Deadly Problem

Nosocomial infections (Hospital acquired infections) are the fourth largest killer in Canada.

This isn't a new problem. Ontario's Auditor General released a study three years highlighting the concerns about the increasing frequency and dangers of hospital acquired infections.

Thousands of Canadian Patients Die Each Year

Each year, 220,000 - 250,000 hospital acquired infections result in 8,000-12,000 deaths.

The two most common types of Hospital acquired infections are MRSA, short for methicillin-resistant Staphylococcus aureus and C. Difficile.

C. Difficile Infections

C. Difficile is a bacteria spread by touching a surface or skin that is contaminated with fecal matter.

It appears the recent deaths are due to a new more virulent strain that has been found in Canadian hospitals over the last two years.

Hospital Infections are Preventable

The Centers for Disease and Prevention Control (CDC) estimates that over 2 million hospital acquired infections occur annually in the United States and are responsible for 90,000 deaths.

Not all these infections are the resut of negligence. But , Betsy McCaughy, the founder and chair of the non-profit patient safety organization Committee to Reduce Infection Deaths, says that "the evidence is overwhelming that nearly all infections are preventable."

The most shocking (or saddest fact) is that according to CUPE (the largest nurses union in Canada) thirty to fifty per cent of these hospital-acquired infections are preventable!

Hospital Infections Lead to Malpractice Claims

I am currently representing the family of a young man who died from an infection he developed after he was admitted to hospital. In the course of researching this case I learned that every year approximately seven percent of Canadian hospital admissions—an estimated 222,000 Canad­ians—pick up an infection while in hospital. About 8,000 of them die.

"How Can I Protect Myself?"

There are 3 things you can do to protect yourself Hospital Acquired Infections

1. Ask hospital staff to disinfect their hands before touching you. Keep an alcohol-based sanitizer in your room to make it easy for them. They are supposed to do this automatically, but studies have shown that only 40 per cent of health-care providers in Canada properly washing their hands.

3. Ask for hospital tubes to be removed shortly after surgery, or avoid having them when it's possible. because they are invasive, I.V.'s or feeding tubes are a major source of infections.

4. Leave hospital as soon as you can to go home. Unfortunately, hospitals are dangerous places.

Continue reading "Nova Scotia Medical Errors: C- difficile Infections kill 4 in Cape Breton Hospitals" »

Almost 100,000 Medical Mistakes Each Year in Canada

The Canadian Medical Association has determined that over 87,000 patients in Canada suffer an adverse event (medical error or mistake) each year.

The same study determined that more than 24,000 people die each year due to medical errors.

That is more than 100,000 potential medical malpractice claims in Canada every year!

Role of the CMPA

In Canada, most doctors are defended by a single organization, the Canadian Medical Protection Association (the C.M.P.A.).

Between 2002 and 2006 the C.M.P.A. reported that only 5,246 were filed against doctors in Canada. About 1,000 claims per year.

That means that out of 100,000 potential medical malpractice claims, 99% of potential medical malpractice victims never even filed a claim!

Their appears to be a perception that people are becoming more litigious, filing more lawsuits, and making frivolous claims. These statistics tell the real truth, that most potential victims of medical malpractice never receive compensation for their injuries.

Even if an injured patient or one of their family members decides to bring forward a claim, they face odds that can seem insurmountable. The C.M.P.A. has almost 3 billion dollars in assets that they can use to hire the best experts and lawyers that money can buy to defend malpractice claims.

70% of Claims Dismissed or Abandoned

According to the C.M.P.A.’s annual reports more than 70% of medical malpractice lawsuits are dismissed or abandoned before trial because the victim or their family quit, ran out of money, or died before trial.

Doctors Win 80% of Trials

Of 577 cases that went to trial over the last several years, only 121 resulted in a verdict for the victim. In other words, only 20% of medical malpractice plaintiffs who went to court actually won their trial.

Medical malpractice claims are among the most complicated, expensive and risky types of litigation. If you think you or a family member may have been a victim of medical malpractice you owe it to yourself to get the advice of a experienced medical malpractice lawyer before deciding whether or not to pursue a claim.

Continue reading "99% Of Potential Medical Malpractice Victims Never File a Claim!" »

Why Did You Write The Book?

I get asked that a lot. There's a ton of work that goes into writing a book about medical malpractice claims. Most books about the topic are written by lawyers, for lawyers, and they are pretty dry reading.

I wanted to write a book that the average person could pick up and read and come away better educated and informed about the medical malpractice claims process and what is involved in filing a medical malpractice claim.

What Makes a Good Doctor?

The British Medical Journal once surveyed people in 24 countries around the world and asked them: “What makes a good doctor?”

The answers included qualities like compassion, understanding, honesty, humanity, competence, commitment, empathy, respect, creativity and a sense of justice.

What Makes a Good Lawyer?

I believe that the qualities shared by great doctors are also traits shared by great lawyers. Especially, a sense of justice.

Since graduating from law school I have devoted my career to trying to help people who truly need help, people looking for fairness, people who need justice.

That is why I do medical malpractice litigation and that is why I wrote The Consumer’s Guide to Medical Malpractice Claims in Canada. To provide information to people who have been seriously injured as a result of medical malpractice. To help people who have been betrayed by the person or persons that they had to trust the most, their doctor, their nurse, their health care provider.

Most Victims Never File a Claim

Every research study that has been done about medical malpractice claims has concluded that most victims of medical malpractice never contact a lawyer or file a claim.

What You Need to Know

You may not actually have the grounds for a medical malpractice claim, but you do need to have certain important information to know if you have a potential claim and what you need to do to protect your rights if you have been a victim of medical malpractice.

I wrote The Consumer’s Guide to Medical Malpractice Claims in Canada so that people who may have suffered a loss as a result of medical malpractice can have this information.

Continue reading "The Consumer’s Guide to Medical Malpractice Claims in Canada" »

Most of my medical malpractice clients have suffered catastrophic injuries that prevent them from being able to return to work or, in the case of infants and children, will prevent them from ever being able to work.

Economic Losses from Medical Malpractice

There are 2 ways to calculate economic losses suffered as a result of medical malpractice. The court will have to determine whether you have suffered an actual income loss or whether you have suffered a diminished earning capacity.

Income Loss from Medical Malpractice

If your are injured as a result of medical malpractice and your injuries prevent you from being able to work for days, weeks, months, or permanently then you can make a claim for the actual income you have lost as a result of the medical malpractice.

Income loss includes both:

Past Income Loss: You are entitled to be compensated for your actual income loss up to the date of settlement or trial. Usually this loss is one that is capable of being calculated fairly accurately. For example, if you were being paid $500.00 a week and you can't work for 4 weeks as a result of your injuries, you are entitled to receive 4 weeks pay ($2,000.00) to compensate you for your past loss of income.

Future Loss of Income: If your injuries are going to prevent you from being able to work in the future, you are also entitled to be compensated for that loss. Unfortunately, there is no such thing as a crystal ball. Claims for future loss of income can be difficult to calculate with precision. No one knows, for sure, what the future will hold.

When valuing a claim for future loss on income, the court will have to consider whether your injuries will prevent you from being able to work for two months, two years or forever.

Calculating claims for future income loss usually requires us to retain the services of an actuary or an economist who are experts in calculating past and future income loss claims. These experts take into account factors like cost of living increases or raises that you would be entitled to receive during your career, the normal retirement age for persons of similar employment, the pension benefits you would expect to receive on retirement, and a host of other factors.

Diminished Earning Capacity:

In some cases, the evidence may prove that you, or your family member, will never be able to work. However, we may not be able to calculate exactly what that loss will be. For example, when a 3 ½ year old child suffers a severe brain injury, who is to say whether that child would have grown up to be a plumber, a doctor, or a rock star?

In cases where the exact amount of the future income loss is not certain, the court will consider awarding, compensation for what is called “diminished earning capacity”.

Everyone’s ability to work is an asset. In other words, your physical abilities, education, training and experience are all assets that provide you with the opportunity to earn an income. If any or all of those abilities have been limited or reduced to some extent by your injuries, you may be entitled to an award for diminished earning capacity.

Again this type of claim usually requires us to hire experts to calculate exactly how reduced your ability to work is and to what extent your ability to earn income has been diminished.

Continue reading "Income Loss in Medical Malpractice Claims" »

The latest edition of my book, The Consumer’s Guide to Medical Malpractice Claims in Canada: Why 98% of Canadian Medical Malpractice Victims Never Get a Penny in Compensation, is now on its way back from the printers.

You can get a copy of the book by contacting me through this blog. However, I am going to be posting excerpts from the book over the next few weeks to give you a taste of the information contained in the book.

Lynn Butler sent me a very kind note after reading a copy of the book. Here is what she had to say:

“I found The Consumer’s Guide to Medical Malpractice Claims most helpful. I would definitely recommend the guide to anyone seeking information: it was very informative, factual and easy to read. I would certainly recommend the guide to anyone wondering if they have grounds for a medical malpractice lawsuit.”

Jeff Baggaley contacted me about a pediatric medical malpractice claim. After reading the book he sent me a note to say:

“I have read your book on pursuing a malpractice claim in Canada. Let me say at the outset that your book is an invaluable and excellently written introduction to essential information which the possible claimant needs to know.

As you say, it saved me a lot of time for I am able to read it, and re-read it, as time permits. I very much appreciate the service your book provides.”

If you think you or a family member may have been a victim of medical malpractice you can contact me through this blog for a free copy of my book or you can call me toll free at 1-877-423-2050.