September 2010 Archives

The West Virginia Record reports that one of the state's Supreme Court justices has refused to remove himself from a medical malpractice case involving West Virginia's cap on non-economic damages, even though he pledged during his election campaign that he would never vote to overturn the law imposing the cap. Justice Menis Ketchum has not denied his campaign pledge and says he does not have a preconceived view of the case.

In 2004, James MacDonald was admitted to City Hospital for pneumonia. He was taking other medications because of a kidney transplant and other chronic conditions. The combination of those medications and the new ones caused rhabdomyolysis, a condition that contributes to the atrophy of muscles.

Jurors found the hospital and a doctor liable for MacDonald's condition. They awarded him $129,000 for medical expenses and lost wages, and $1 million for pain and suffering. The jury also awarded his wife $500,000 for pain and suffering. However, a circuit court judge--citing the state's caps--reduced the the pain and suffering award to $500,000.

In their petition for appeal to the Supreme Court, the couple's lawyers claim the caps are "arbitrary." This appeal is considered to be the most serious challenge to date of the West Virginia Medical Professional Liability Act. The lawyers have pushed for Ketchum's recusal as the state code of judicial conduct prohibits candidates from making "pledges or promises of conduct in office" and making statements that "commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court."

Caps--if they exist at all--vary from state to state. Therefore, when you have a medical malpractice case, you need an attorney who can get the maximum awards for you. You need the services of Dr. Bruce G. Fagel, an attorney who is also a licensed medical doctor. Call him at 800/541-9376 for a free consultation, or visit his website at www.medicalmalpracticedoctorlawyer.com.

A Miami couple whose child suffered severe brain damage during birth at the U.S. Naval Hospital in Jacksonville was awarded $10.2 million in a wrongful death case. Oscar Rodriguez and Raiza Bravo's son Kevin died due to neurological damage caused by the negligence of the hospital's medical staff.

Initially, in 2005, the parents were awarded $60.5 million for their medical malpractice complaint. The award was the largest federal tort claim at the time, and the amount was intended for the lifetime care of Kevin. After a government motion for reduction, the award was reduced to $40.5 million, but the award became moot when Kevin died a short time after. His parents refiled the case earlier this year as a wrongful death claim.

The hospital staff in Jacksonville, where Kevin's father was based, failed to realize the umbilical cord was wrapped around Kevin's neck during labor, causing oxygen deprivation and severe brain damage. He required a special feeding tube to survive, and his saliva had to be sucked out of his mouth constantly so he wouldn't choke. The case was tried in federal court because the injury took place at a federal facility.

If you need the services of an attorney who specializes in birth injuries, contact Dr. Bruce G. Fagel, who is also a licensed medical doctor. He has successfully tried and settled many birth injury cases. Call him at 800/541-9376, or visit him online at www.birthinjurydoctorlawyer.com, for a free consultation.  

The Honolulu Star Advertiser reports that a former Hawaii Navy family has received an $11 million settlement after their daughter suffered permanent brain damage due to a series of egregious medical errors made by doctors at Tripler Army Medical Center. Kayla Mae McCraw was born in November 2005, and due to the botched delivery she is a quadriplegic suffering from cerebral palsy.

In the early hours of Nov. 11, 2005, Celia McCraw went into labor with her first child, accompanied by her husband David. The mother and her unborn child were placed under the care of a second-year resident who was supervised a doctor who was relatively new at Tripler. Throughout the day, fetal monitors showed signs of distress, yet, inexplicably, little was done to remove the baby. When the baby was removed from the womb, the umbilical cord was wrapped tightly around her neck.

Kayla was born limp and not breathing. Blood gas analysis showed that she essentially suffocated during the last stages of labor. Needing resuscitation, a first-year intern inserted an endotracheal tube designed to administer oxygen into her lungs. The intern mistakenly inserted the tube down Kayla's esophagus and pumped the oxygen into her stomach instead of her lungs, depriving her heart and brain of needed oxygen. More than 40 minutes passed before a neonatologist discovered the problem and corrected the placement of the endotracheal tube.

The settlement, which is considered extremely large for a government payment, had to be approved directly by U.S. Attorney General Eric Holder.

Birth injuries such as this one are devastating--emotionally and financially. If your child is injured because of medical malpractice, you want an attorney who can get you the financial means to take care of your child. Dr. Bruce G. Fagel, an attorney who is also a medical doctor, specializes in birth injury cases. For a free consultation, contact him at 800/541-9376 or visit him online at www.birthinjurydoctorlawyer.com.  

The Texas Tribune reports that last month the Texas Supreme Court ruled that hospital injuries unrelated to doctor error fall under the state's medical malpractice caps. The ruling stems from a patient who fell while recuperating from back surgery at Houston's St. Luke's Episcopal Hospital in 2000. Irving Marks alleged that a broken footboard on his bed led to his fall and that he should be allowed to sue for unlimited damages with a "premises liability" claim. The hospital contends the incident involved medical care and should fall under the state's medical malpractice law requiring a timely expert report and a pain and suffering cap of $250,000. Lawmakers capped damages in 2003.

The 5-4 court ruling reversed an earlier decision that the claim was not considered medical malpractice. Under the new ruling, the court disqualified the suit because Marks did not get a timely expert report on the broken bed. The ruling comes at a time when Gov. Rick Perry is campaigning for reelection with a pledge to pass more extensive legislation against what is considered frivolous litigation.

Trial lawyers say the court's decision could have repercussions for patients who are injured in hospital accidents. They believe that regardless of what happens in the hospital, like slipping on a wet floor, the Texas court has found a way to cap monetary damages. Premises liability claims have no caps.

While the Texas Supreme Court ruled this incident to be medical malpractice, we simply define it as when any healthcare professional deviates from standard practices of modern medicine. If you have a medical malpractice case and want the services of an attorney who knows what should and shouldn't happen in the hospital, call Dr. Bruce G. Fagel at 800/541-9376. Dr. Fagel is also a licensed medical doctor. Visit him online at www.medicalmalpracticedoctorlawyer.com.

The Rochester (Minnesota) Post-Bulletin reports that jury instructions have begun for a medical malpractice lawsuit in which a widower is suing the Mayo Clinic for a wrongful death of his 32-year-old wife and the mother of his two children. Dollie Sincleair died on June 19, 2001, 12 hours after undergoing gall bladder surgery.

On that date, Dollie went to the emergency room at St. Mary's Hospital with abdominal pain and had surgery to remove her gallbladder. Within 75 minutes after the surgery she developed signs of shock, and the lawsuit contends that doctors and nurses failed to diagnose and treat her symptoms for the next 6-1/2 hours. Attorneys for the Mayo Clinic say that Dollie died from heart failure not caused by medical negligence.

The attorney for the Sincleair family contends that the Mayo doctors failed to diagnose and properly treat Dollie's post-operative complications.

If you think you have been victimized by medical malpractice, seek the services of an attorney who is also a doctor. Call Dr. Bruce G. Fagel at 800/541-9376 or visit his website at www.medicalmalpracticedoctorlawyer.com.

According to a report, Trends in Maternal Mortality, released by the World Health Organization and other international organizations, the number of women dying due to complications during pregnancy and childbirth had decreased by 34% from an estimated 546,000 in 1990 to 358,000 in 2008. That's good news, but not good enough news--statistically speaking.

While the 34% figure seems impressive, the annual rate of decline is less than half of what is needed to achieve the target of reducing the maternal mortality ratio by 75% between 1990 and 2015. Reaching the target requires an annual average decline of 5.5%, while the 34% decline since 1990 translates into an average annual decline of 2.3%.

Pregnant women still die from four major causes: severe bleeding after childbirth, infections, hypertensive disorders and unsafe abortion. The latest statistics available, for 2008, indicate that about 1,000 women die each day due to these complications. Of those 1,000, 570 lived in sub-Saharan Africa, 300 in South Asia, and five in high-income countries.

Obviously, our nation is considered to be in the latter category, and maternal deaths is not as prevalent a problem here as it is elsewhere in the world. However, it does happen, and when a maternal death occurs, it could be the result of medical malpractice. If you are need of a malpractice law firm with a track record of success, contact The Law Offices of Dr. Bruce G. Fagel at 800/541-9376 or online at www.birthinjurydoctorlawyer.com.  

A Mayo Clinic study involving seven major medical schools reveals that a majority--just over half--of medical students surveyed suffer from burnout and are likely to give less than optimum patient care as a result. The findings appear in the latest issue of JAMA, the Journal of the American Medical Association. The study was based on anonymous responses from 4,400 students.

Academic cheating was relatively rare, but approximately 40% of third- and fourth-year students admitted to some form of unprofessional conduct in relation to patient care, such as reporting a physical examination finding as normal when they had not performed the exam. The findings also showed that burned-out medical students were less likely to hold altruistic attitudes about a doctor's role in society.

A Mayo Clinic spokesperson said that as our nation reforms its healthcare system, it is essential that physicians advocate for patients, promote the public health and reduce barriers to equitable healthcare.

This is a most disconcerting study. Honest mistakes that result in medical malpractice are difficult to accept, but intentionally committing malpractice because of burnout is totally unacceptable. Something needs to be fixed and/or addressed. But if you or someone you know has been injured by an honest medical error, you should be compensated for that mistake. Contact Dr. Bruce G. Fagel, an attorney who is also a licensed medical doctor. You can reach him at 800/541-9376 or through his website at www.medicalmalpracticedoctorlawyer.com.

The Project for an Ontario Women's Health Evidence-Based Report (POWER) recently issued a study stating that children born to women with diabetes are twice as likely to die as those born to women without diabetes.

A spokesperson for the study said that infants born to women with diabetes are at much higher risk for serious complications, which can be prevented by controlling glucose and blood pressure levels at the time of conception and during pregnancy. The spokesperson added that this reflects a need for more targeted pre-pregnancy counselling and better pregnancy care for these women.

Additional study findings include that 45% of women with pregestational diabetes are having c-sections, compared with 37% of women with gestational diabetes and 27% of women without diabetes. Also, rates of major and minor congenital anomalies were 60% higher among women with pre-pregnancy diabetes than women without diabetes.

As the spokesperson indicated, some of these birth injuries can be controlled with proper medical treatment. Sometimes, unfortunately, birth injuries and/or death is the result of medical malpractice. If you think your child's birth injury is the result of malpractice, contact The Law Offices of Dr. Bruce G. Fagel and Associates at 800/541-9376 or online at www.fagellaw.com. We have a track record of success handling these types of cases.

Researchers at Children's Hospital Boston, in collaboration with the University of North Carolina at Chapel Hill, have developed a new iPhone application to engage healthcare practitioners and the public in issues on drug safety. The application, "MedWatcher," allows users to track the latest drug safety updates provided by official alerts from the Food and Drug Administration (FDA), as well as news updates.

MedWatcher incorporates information about thousands of medications listed in FDA databases, and enables users to customize the app based on their medications of interest. As drugs are selected, users are able to view alerts that have been generated by the FDA, create news feeds, and set preferences to receive future alerts about those medications. Also, users are able to see reviews by patients and providers.

Recognizing that the data contained in the app will be coming from official and unofficial sources, users are encouraged to interpret the data appropriately.

Whether or not this app helps reduce the number of medication errors remains to be seen. However, medication errors do occur, which, in turn, could lead to a medical malpractice claim. If you or a family member has been victimized by a medication error, call Dr. Bruce G. Fagel for a free case evaluation. As an attorney who is also a licensed medical doctor, he has a track record of success in pursuing these types of claims. Call him at 800/541-9376 or visit his website at www.medicalmalpracticedoctorlawyer.com.

California Watch, a reporting initiative from the Center for Investigative Reporting, issued a report stating that women giving birth at for-profit hospitals are at least 17% more likely to have c-sections than women at not-for-profit hospitals. The study used birth record data from 253 hospitals throughout California between 2005 and 2007.

Medical experts are uncertain why some hospitals perform more c-sections than others. However, skeptics insist for-profit hospitals might have a higher frequency of c-sections to increase their bottom line. According to a 2007 report from the Pacific Business Group on Health, California hospitals can increase their revenue by an average of 82% if they perform a c-section instead of a vaginal birth.

A spokesperson for the International Cesarean Awareness Network, which believes c-sections should be performed only when medically necessary, commented that the data strongly suggests a connection between profit and the high cesarean rates.

Most likely the majority of the c-sections in this study are scheduled for various reasons. Emergency c-sections could be an entirely different matter, and could be necessitated by medical malpractice that results in a birth injury. If you need a birth injury attorney, contact The Law Offices of Dr. Bruce G. Fagel and Associates, a law firm that only handles medical malpractice cases. Call 800/541-9376 or visit online at www.birthinjurydoctorlawyer.com.

The Louisiana Record reports that an Indiana woman has filed a medical malpractice lawsuit against a nurse practitioner and Louisiana Medical Center and Heart Hospital after her husband died following bypass surgery. According to court records, Stephen Mogabgab underwent a successful five vessel coronary artery bypass grafting on October 2, 2007. Within two days of the surgery, he exhibited signs of cardiac compromise, but the nursing staff allegedly failed to notify a physician.

Mogabgab's cardiologist discovered the condition. He ordered an echocardiogram and made plans for emergency surgery. While being intubated, Mogabgab suffered cardiac arrest. His wife says he never recovered and succumbed three weeks later. The hospital's nurses are accused of medical malpractice for failing to notify the appropriate physicians of the patient's complaints, failing to observe and monitor the patient's condition, failing to follow the physician's orders, failing to notice the patient's condition was deteriorating, failing to notify a physician the patient's blood pressure dropped, and failing to adequately diagnose.

Additionally, a licensed nurse practitioner is accused of providing care that fell below the applicable standard of care by failing to notice the patient's decreasing cardiac output.

The Law Offices of Dr. Bruce G. Fagel and Associates has an unparalleled record of success with assisting injured parties in medical malpractice lawsuits. If you are interested in representation by Dr. Fagel, call 800/541-9376 for a free case evaluation. Our website is www.medicalmalpracticedoctorlawyer.com.  

Nelson Bailey, a West Palm Beach (Florida) County judge is advocating changes in hospital procedures and malpractice lawsuit caps after experiencing one of the more common acts of medical malpractice--a sponge was left in him after he had surgery. After abdominal surgery at Good Samaritan Medical Center (owned by Tenet Healthcare System) for diverticulitis, the judge's pain continued and worsened. He was sent for several CT scans, and continually the metal marker on the sponge in the scans was misidentified.

For five months, the sponge festered near Bailey's intestines, and measured more than a foot long and a foot wide when finally removed. The sponge rotted part of his intestine, which had to be remove. 

Although the judge reached a confidential settlement with the hospital, his attorney says he recently informed two radiologists of Bailey's intent to sue and is preparing the same notice for the surgeon. As part of his settlement with the hospital, Bailey said he required that he be able to talk publicly about his experience. He wants two changes to be made--that all hospitals have equipment that will unfailingly spot sponges or other equipment left behind, and that caps on the amount of damages a patient can claim in a medical malpractice lawsuit be lifted.

The missed sponge was not the only mistake made by Good Samaritan. After the diverticulitis surgery, he was incorrectly given medicine that accelerated his heart rate rather than medicine that was supposed to lower his blood pressure. That mistake had no lasting physical effect.

A sponge left behind after surgery is an obvious example of medical malpractice. Other incidents are not as obvious, and that is why Dr. Bruce G. Fagel is so successful. As an attorney who is also a licensed medical doctor, he knows from reading the medical records whether someone has a legitimate case. If you think you have a malpractice case, call him at 800/541-9376 for a free consultation. You can also visit him online at www.fagellaw.com.

Last week Harvard researchers released a study that said that costs associated with medical malpractice added about $55.6 billion to the nation's total healthcare costs in 2008. This figure is approximately 2.4% of the nation's healthcare spending each year, with the majority of that money used for tests, procedures and treatments associated with defensive medicine. Researchers added that their findings indicate that malpractice-related costs are neither insignificant nor a cure-all for the nation's rising health spending trends.

The researchers also said that meritless malpractice suits are so objectionable that "the psychological and political value of addressing this grievance could be considerable."

In my opinion, this study, published in the September issue of Health Affairs, is virtually meaningless. It is neither a scientific nor objective study. Of the $55.6 billion "associated with medical malpractice," the study claims $45.7 billion of that figure is spent on defensive medicine--which has nothing to do with medical malpractice, unless you believe that doctors order unnecessary tests because they are afraid of getting sued.

According to the study, the actual cost of medical malpractice is $5.7 billion paid to the victims of medical negligence and their attorneys. An almost equal sum--$4.1 billion--is spent on defending claims, which is not due to medical malpractice. That figure represents decisions to defend cases that should be settled. For me, the topper is that the study claims that $200,000 is the estimated cost to cover a physician's work time spent in responding to medical malpractice claims and loss of their reputation or emotional harm. My question: How can they estimate the cost of emotional harm to a physician who is sued, when the victims of medical malpractice in California is limited to $250,000 for a lifetime of physical disability and pain?

If you are injured due to medical malpractice, you should the counsel of Dr. Bruce G. Fagel, an attorney who is a licensed medical doctor. Contact him at 800/541-9376 or visit him online at www.medicalmalpracticedoctorlawyer.com.

Pitocin is the synthetic form of oxytocin--a natural hormone produced by a woman's body that causes uterine contractions. It is usually used to start or induce labor, and/or to augment labor. However, its use has become controversial. Its usefulness and safety remain uncertain, and critice complain that it is used too frequently.

Pitocin-induced contractions differ from natural contractions in strength and effect. These contractions may decrease uterine blood flow, which, in turn, reduces oxygen to the baby. Birth injuries such as brain damage and cerebral palsy could occur. Pitocin can present other hazards to both the mother and the baby. For the mother, dangers include tumultuous labor and contractions that may cause premature separation of the placenta, rupture of the uterus, laceration of the cervix or post-birth hemorrhage. Threats to the baby include fetal asphyxia and neonatal hypoxia from too frequent and prolonged uterine contractions, physical injury and prematurity.

When inducing labor with pitocin, it works best when the uterus is ready to receive it, which is at term. Administered prior to that, it is likely to produce a long, drawn-out or unsuccessful labor. Because every woman responds differently to pitocin, the dose must be carefully monitored and adjusted. Mild and/or infrequent contractions won't bring the baby. Too strong and/or prolonged contractions can stress the baby.

If your child has brain damage or cerebral palsy, it could be the result of induced labor using pitocin and the improper monitoring of fetal monitor records. That could be medical malpractice. The Law Offices of Dr. Bruce G. Fagel and Associates have a track record of success in pursuing birth injury cases. Call us at 800/541-9376, or visit us at www.birthinjurydoctorlawyer.com, for a free case evaluation.

In a disturbing discovery, it has been reported by the California Department of Health that doctors were slow to diagnose whooping cough in eight infants, throughout the state, who later died from it. Department immunization official Dr. John Talarico wrote a letter to state health care providers saying the infants were treated for nasal congestion or mild respiratory infection, and it was too late to prevent death from pertussis by the time it was diagnosed.

California is in its worst year of whooping cough in more than 50 years, with 3,600 cases reported so far this year. Doctors have been told to treat infants under six months of age for pertussis during the current epidemic. Health officials are urging physicians to suspect the bacterial disease in infants having trouble breathing. The disease peaks like this about every five years, with the last peak occuring in 2005 when California reported more than 3,000 cases, 574 hospitalizations and seven deaths. A typical case starts with a cough and runny nose for one to two weeks, followed by weeks or months of rapid coughing fits that sometimes end with a whooping sound.

It appears that some of these deaths could have been prevented if there were a correct diagnosis. If so, that is medical malpractice. If you have a malpractice case and need the services of an attorney who understands what should happen and what shouldn't happen in a hospital, contact Dr. Bruce G. Fagel, an attorney who is also a licensed medical doctor. Call him at 800/541-9376 for a free consultation. Visit him online at www.fagellaw.com.

According to a recently published article in Health Affairs, Americans are seeing their general practitioners less and less, and going straight to the hospital as their first point of treatment more and more often. Less than half of the visits in this nation are made to the patient's personal doctor, while an enormous number are going straight to emergency rooms, seeing specialists, or outpatient care departments as their first point of call for treatment for new health problems or chronic conditions.

In terms of potential medical malpractice, this is not good news for the nation's often understaffed and extremely busy emergency rooms. The following statistics are a recipe for disaster: fewer than 5% of American doctors are emergency physicians; they handle over 28% of all acute care episodes; and over 50% of acute care visits by the under- and uninsured are handled by emergency physicians. This study was conducted from 2001 through the end of 2004.

Overcrowded and chaotic conditions in an ER produce a significant amount of medical malpractice cases. If you or a loved one has been victimized by medical malpractice--whether it occurs in an emergency room, a doctor's office, or a hospital--contact The Law Offices of Dr. Bruce G. Fagel and Associates for a free case evaluation. Call us at 800/541-9376 or visit us online at www.medicalmalpracticedoctorlawyer.com.

A Ohio baby died last month after his system was flushed with alcohol instead of saline during open heart surgery. The seven-month-old baby, who had a congenital heart problem, went for surgery at Cincinnati's Children's Hospital, but never made it out of the operating room because of the error.

The hospital CEO released the following statement: "While we cannot disclose specifics about patients to the public...when there has been an error we accept responsibility, admit the error, apologize for it and explain what happened. Our thoughts and prayers are with the family of this child, with our caregivers and the entire Cincinnati Children's family."

A wrongful death such as this, unfortunately, occurs too often, and when it does family members seek compensation through the legal system. If you are need of a malpractice attorney who knows and understands medicine, contact Dr. Bruce G. Fagel, an attorney who is a licensed medical doctor. For a free consultation, call 800/541-9376 or visit our website at www.fagellaw.com.  

The widow of a man who suffered from a flesh-eating strep infection--necrotizing fasciitis--and died of toxic shock last year has filed a wrongful death lawsuit against a Texas hospital. The complaint alleges that Memorial Hermann Baptist Beaumont Hospital and Dr. Nathanial Alford delayed medical treatment, leading to Brandon Adkins' death on April 25, 2009.

Adkins went to the hospital on April 24. The lawsuit alleges that the hospital's staff did not act fast enough to properly treat Adkins, resulting in his death, and accuses the defendants of negligence.

Necrotizing fasciitis is a rare infection caused by a flesh-eating bacteria that attacks the deeper layers of the skin. It often begins with severe pain, causing many doctors to misdiagnose it due to the appearance of the outter skin. However, if the infection goes untreated, it can progress rapidly and is fatal in 75% of the cases.

If you need assistance in a wrongful death claim, you should seek the services of an attorney who understands the medical landscape. Dr. Bruce G. Fagel is an attorney who is a licensed medical doctor. For a free case evaluation, call him at 800/541-9376 or visit him online at www.fagellaw.com.

Children born early or late in a pregnancy both appear to have an increased chance of having cerebral palsy, according to new research published in the September 1 Journal of the American Medical Association. The research was headed by Dr. Dag Moster, a neonatologist at the University of Bergen. He used the Medical Birth Registry of Norway to comb through the births of 1.7 million children born between 1967 and 2001, and tracked those children through 2005.

The findings indicate that children born at term, 40 weeks, had the lowest risk of developing cerebral palsy. However, being born early or late increased the risk significantly. Children born at 37 weeks had a 90% increase in the risk of cerebral palsy, while those born at 42 weeks or later had a 40% increased risk. Even with the increased risk, the total number of children who developed cerebral palsy was small; less than 2,000 of the children surveyed developed cerebral palsy.

Cerebral palsy is caused by an injury to a baby's brain that can occur before, during or shortly after birth. If the brain of a newborn is deprived of oxygen, it can result in irreversible damage that leaves the child with developmental problems and life-long injuries. Researchers do not have an explanation for why children's brains are more vulnerable to the risk of cerebral palsy if born pre- or post-term.

In some cases, cerebral palsy is the result of medical malpractice. If your child or the child of a loved one has cerebral palsy and think it might be the result of malpractice, contact The Law Offices of Dr. Bruce G. Fagel and Associates to discuss your potential case. For a free consultation, call 800/541-9376 or go to www.birthinjurydoctorlawyer.com.

Last week, a Virginia circuit court jury awarded $1.95 million in damages to the family of a woman who died within two days of receiving a "mommy makeover" operation. Dr. Matthew Galumbeck and his staff allowed Maritess Lopez to go home an hour after her cosmetic surgery on July 30, 2008, even though she was having problems breathing. In addition to breathing problems, Lopez experienced dizziness, fever, and problems moving and concentrating after she left the surgery center.

The 36-year-old homemaker had gotten a breast lift and augmentation, liposuction and a tummy tuck. After experiencing problems, Lopez's sister called a nurse at the surgery center the next day, but the office did not follow up. That evening Lopez's daughter found her mother unresponsive in bed. The autopsy showed she died of aspiration pneumonia, which occurred after the surgery. The jury awarded the maximum allowable under state law.

Wrongful death can be a difficult thing to prove in the hands of the wrong attorney. Dr. Bruce G. Fagel, a practicing attorney who is also a licensed physician, has successfully handled many wrongful death cases. Call him at 800/541-9376 for a free consultation, or visit him online at www.fagellaw.com.

The Los Angeles Times reports that Los Angeles County supervisors are asking to see confidential medical records used by county doctors to evaluate their peers to determine whether they have met accepted standards of care. The county officials say they need the information to ensure patient safety and justify settling malpractice claims against the county. An anonymous letter alleged that among other problems at Olive View-UCLA Medical Center's neonatal intensive care unit, doctors and staff were not meeting to discuss medical mistakes and there was no peer review.

Patient safety experts and hospital industry officials said opening peer review to outside scrutiny would be unprecedented and could have an effect on doctors' willingness to honestly assess their peers.

County Supervisor Gloria Molina said she needs to see such records to identify patient safety problems and justify settling multi-million dollar medical malpractice claims. A study released mid-August showed that the county has had fewer malpractice claims in recent years, yet paid out more: about $12 million last year compared with about $8 million in 2007.

During the last four years, the county has settled more than a dozen Olive View malpractice cases, with the costliest involving botched deliveries. State regulators have fined the hospital in connection with four medical errors and three failures to report medical errors since 2007.

Supervisors said they would consider options including the removal of doctors' names from the review, inviting medical staff to supervise the review or having a medical expert review the records for the board.

If you are a victim of medical malpractice and are seeking representation, contact The Law Offices of Dr. Bruce G. Fagel and Associates. With an unparalleled track record of success, you can be assured your case will be handled expertly. For a free consultation, call 800/541-9376 or visit online at www.lamedicalmalpracticelawfirm.com.