Geoffrey Schorr

By Geoffrey E. Schorr

One topic that has yet to be addressed in the health care reform debate is medical mistakes. Recent studies have revealed that approximately 200,000 people die every year in the United States due to medical mistakes and infections, and hundreds of thousands more suffer debilitating injuries. Yet there has been very little debate about how to curb this carnage, and there has been little discussion concerning the annual health care costs associated with medical mistakes.

To demonstrate the tremendous costs of medical mistakes, consider the following which involve two Schorr Law Firm clients:
Case no. 1 – Seven year old child undergoes a “benign” day procedure at a prominent local hospital for children. During the procedure, something goes completely wrong and the child’s heart stops on the operating table and the child is placed on life-support. After eight days of life-support and multiple complications, the family decides to remove the child from life-support, and he dies. The day procedure would have likely cost approximately $20,000. However, because the child was placed on life-support for eight days, the family’s insurance company was billed more than $600,000.00.

Case no. 2 – Twenty-nine year old first grade teacher suffers a stroke while teaching. She is rushed to a local prominent hospital ER where she unnecessarily waited for an hour and a half before finally being seen by an emergency room physician. Her husband, who was with the young teacher in the ER and witnessed her rapid decline, pleaded for someone to help his ailing wife but was told that if he didn’t calm down he would be forced to leave. When the doctor was finally summoned, it was quickly determined that the young teacher was suffering a massive stroke caused by a blood clot. By the time the doctor arrived, it was too late to administer the clot busting drug tPA which must be administered within three hours of the onset of symptoms. The teacher arrived in the ER only an hour and a half after the onset of symptoms, but after sitting in the ER for another 90 minutes, there was not enough time to prep her and administer the tPA drug within the three hour window.

Today, the teacher lives in a nursing home with a feeding tube. She will never be able to be independent, is unable to communicate beyond simple hand gestures, wears diapers that must be changed throughout the day, cannot bathe herself, etc. The neurologist expert hired for her case states that had she been provided the tPA within the three hour window, she would have been up to 95% of what she was prior to the stroke. He further states that she would have been able to work and would have been independent. Instead, she will likely be a nursing home resident for the remainder of her life, and her life care plan (what it will likely cost to care for her for the rest of her life) was an astounding $13,000,000.00. This is in addition to more than 1,000,000.00 that has already been incurred for medical care following the ER visit; an ER visit that should have cost approximately $10,000 to $20,000.

If medical mistakes contributed to the death of the child in case no. 1, then medical mistakes increased the cost of the “benign” day procedure from roughly $20,000.00 to more than $600,000.00 due to the eight days of life-support. Considering that more than 200,000 people are reported to die nationally each year because of medical mistakes, these mistakes could cost tens or even hundreds of billions of dollars each year.

What about the people who are victims of medical mistakes who don’t die from medical mistakes, but who require lifelong care because of the consequences of medical mistakes? If medical mistakes were committed and resulted in the permanent disability described in case no. 2 above, then medical mistakes are what necessitated $13,000,000.00 of future health care for the young teacher. If hundreds of thousands of United States citizens suffer debilitating injuries each year because of medical mistakes, how much do these mistakes cost? How much does the United States spend annually to care for the victims of medical mistakes? The number must be staggering and is likely in the hundreds of billions of dollars.

Health care reform is dominating the news lately. Politicians and special interest groups are arguing their positions, and the public seems to be very split. Meaningful health care reform should be widely accepted by the voters, and the politicians should listen to their constituents. Because the current legislation is so controversial, perhaps the brakes need to be tapped and the entire health care matter revisited with new, meaningful legislation proposed.

It is my strong belief that one area worthy of consideration in the context of health care reform is medical mistakes. If fewer mistakes are made, fewer dollars will be used to care for the victims of
mistakes. Very few health care providers get sanctioned by their licensing boards for committing medical mistakes, and even fewer lose their licenses. In order to prevent medical mistakes, one option may be to limit the ability of those who commit mistakes from continuing the practice of medicine. Those health care providers who lack the competence and/or ability to practice medicine without committing mistakes should be limited in the procedures they provide, or, in some instances, removed from the profession altogether. Without making medical mistakes part of health care reform, the United States will continue to lose billions and billions of dollars every year.

Geoffrey Schorr

By Geoffrey E. Schorr

Consumers in Texas are kept in the dark when it comes to researching complaints and inspections for Texas hospitals. Powerful Texas hospital lobbyists have successfully lobbied to pass laws that restrict public access to important historical information relating to hospitals. Citizens in Texas who wish to engage in researching hospitals to find information on topics such as medical mistakes, post procedure infection rates and staffing levels will find that the information sought is not available to the public.

In 1999, an influential and wealthy hospital lobbyist group was successful in its efforts to have an amendment added to a routine bill that passed and became law. The law that passed requires the state to keep most information relating to hospital complaints and inspections private. Since the enactment of the law members of the public may search various state websites for information, but will find very little. The public may also request information pursuant to an open-records request, however; most information the public is allowed access to is very limited, and most documents produced by the state in response to such a request are usually heavily redacted.

The data being kept from the public deprives Texas citizens from making informed decisions relating to where to go to receive medical care. Recently, a hospital representative and a proponent of keeping the public in the dark, stated to a media reporter that the information, if it were available to the public, would be too difficult for the public to decipher, and could result in mass hysteria. What an insult to insinuate that Texas consumers lack the intelligence and/or sophistication to gather and decipher information that would assist consumers in making important medical decisions for themselves and/or their loved ones.

With technology today, consumers are able to engage in extensive research before making final decisions. By simply researching on the internet consumers are able to educate themselves on a vast array of topics. For example, consumers regularly research information about vehicles before making a purchase. Research may include the safety ratings of a vehicle, maintenance statistics, safety reports, engine performance, fuel economy, etc. Consumers often also research information for things such as personal electronics, household appliances, airfares, professional services, etc. Consumers in Texas can research information about contractors before having their roof replaced, but prior to having a procedure at a hospital consumers are not allowed to research to learn how many patients have died at any particular hospital as the result of medical mistakes.

Before entrusting your health and life, or the health and life of a loved one to a health care provider, shouldn’t you be able to arm yourself with as much information as possible in order to make an informed and confident decision? Unfortunately, some hospital lobbyists and representatives, as well as some Texas lawmakers, support the current laws and believe consumers should be kept in the dark. However, it is my strong belief that most Texas consumers would argue there should be more transparency when it comes to hospital mistakes and complaints. For example, shouldn’t a consumer be allowed to find out statistics for post procedure staph infections for a hospital the consumer may be considering for a procedure? If a consumer has options and learns that one hospital has a very high rate of post procedure infections, and another hospital has a very low rate, wouldn’t this information be valuable to the consumer’s decision making process. An example that I am personally familiar with is one involving the death of a seven year old boy in 2006 at a Dallas area hospital during what the parents were told was a routine and benign day procedure called an
aortic balloon valvuloplasty. Still today, more than three years after the death of the little boy, the hospital’s website still claims that there have been no reported deaths in older children who undergo this procedure. Thus, parents who may do research to determine whether they want to take their child to this particular hospital for the same aortic balloon valvuloplasty procedure will find inaccurate and false information on the hospital’s website, and will have no other place to research to find the truth. Instead of parents reading the false information which may provide a false sense of security, shouldn’t parents know the truth – that at least one child has died from the procedure? What logic is there in preventing parents from learning such important information in order to make informed, competent decisions for their child?

Texas consumers should demand their state representatives act immediately to allow public access to important historical hospital data, and demand that Texas laws be changed to provide more protections to families, and less to wealthy corporate interests. In stark contrast to at least one hospital representative’s views, Texas consumers should have the right to access the hidden information described herein, and we possess the sophistication, intellect and ability to make decisions for ourselves when it comes to health care.

Geoffrey Schorr

By Geoffrey E. Schorr

In 2003, powerful lobbyist groups in Texas spent millions of dollars and utilized significant resources to flood the media with a campaign directed at having voters vote for an amendment to the Texas Constitution to cap non-economic damages in medical malpractice cases (non-economic damages are intangible damages such as pain and suffering and mental anguish). The legislation passed by the slightest margin (51-49%) and victims of medical malpractice in Texas since 2003 have found it very difficult to secure justice, or to even find a medical malpractice attorney accepting medical malpractice cases because the caps are so restrictive that most attorneys are unable to finance such cases without losing money. Essentially, because of the 2003 changes to Texas medical malpractice laws, negligent doctors have been provided with an escape from accountability, and innocent victims rarely achieve justice.

Lobbyists for medical malpractice caps used scare tactics to persuade voters – for example, some claimed that because of “frivolous lawsuits” doctors were fleeing Texas, and, therefore, Texans would find it increasingly difficult to secure medical care. This simply was not true!

Just as with Texas, special interest groups in Nevada also used publicity stunts to sway voters in that state to cap non-economic damages in medical malpractice cases. The Nevada lobbyists seemed to have adopted a page out of the book used by the lobbyists in Texas – making the same false claims to voters in that state that were used by lobbyists in Texas. Unfortunately, the lobbyists disingenuous efforts worked, and voters in Nevada voted to cap non-economic damages for medical malpractice cases at $350,000 ($100,000 more than the current cap in Texas of $250,000).

However, caps in Nevada may be repealed this year. The Las Vegas Sun reports that Nevada lawmakers are grappling with removing the caps on non-economic damages in that state because of a recent inexcusable act of malpractice. Recently thousands of patients were exposed to the very dangerous Hepatitis C virus at a clinic in Nevada, apparently because the doctors running the clinic have been more concerned with their bottom line than with the safety of their patients. As a result, Nevada lawmakers are considering removing caps so that innocent victims may hold the clinic and its doctors accountable. This would be a win for the victims of medical malpractice in Nevada.

The effects of the caps have been devastating to victims that live in states where caps have been instituted. One example contained in the Las Vegas Sun article referred to above involves a young 25 year old woman, mother of two children, who underwent a surgery to have rods placed in her back to help with her scoliosis. The surgeon informed her that she would be out of the hospital and walking within two days of the surgery. Unfortunately, the young woman was paralyzed as a
result of the doctor’s negligence, never to walk again, and the most she is allowed to recover under Nevada’s current law for her pain and suffering and mental anguish is $350,000. Disturbingly, in my practice, I learn too often of stories that are very similar and happen to innocent victims of medical malpractice in Texas.

Hopefully, in the not too distant future, the same type of anti-cap movement that is happening in Nevada will begin in Texas. Too many Texans have already been devastated by the caps, and many more will be in the future until the laws are changed to allow Texans to hold negligent doctors accountable. With the current caps Trial Lawyers in Texas have their hands tied, and negligent doctors have little to deter them from committing and repeating negligent behavior.

Geoffrey Schorr

By Geoffrey E. Schorr

The Houston Chronicle reports that a Dallas jury has awarded approximately $17.5 million dollars to a man who lost his arms and legs due to alleged medical malpractice. It is reported that the complainant underwent a medical procedure at a Dallas area hospital in 2003. Following the procedure, the complainant developed a dangerous staff infection known as Methicillin resistant Staphylococcus aureus (MRSA). MRSA is very aggressive and in many cases is extremely difficult to treat. It is imperative for health care providers to timely diagnose MRSA and to properly administer treatment. The complainant alleged that his physician failed to timely diagnose and/or properly treat his MRSA infection, and the infection spread rapidly causing significant damage. As a result, in order to save his life, doctors were forced to amputate his arms and legs.

Due to the medical malpractice caps in Texas, the Dallas District Judge that presided over the malpractice lawsuit was forced to reduce the jury award by approximately $10 million dollars. The medical malpractice laws in Texas cap non-economic damages such as pain and suffering at $250,000. The attorney for the Defendant doctor has stated that his client will likely appeal the verdict.

According to the Houston Chronicle, the complainant, now 53, lives with his brother in East Texas. It is reported that the complainant can not bathe himself, is unable to leave his house by himself and will need living assistance for the rest of his life.

Geoffrey Schorr

The current state of the laws in Texas relating to medical malpractice makes it difficult for victims to obtain justice. The Dallas Morning News recently reported a heartbreaking story about a husband who recently lost his wife due to alleged medical malpractice. The husband and wife had been anxiously awaiting the birth of their daughter when the wife began experiencing vomiting and excruciating headaches. The wife’s doctors (she had two) trivialized her symptoms and recommended heating pads and Tylenol. Soon after, a blood vessel in wife’s head ruptured, which rendered wife brain-dead.

Wife was kept alive on life-support long enough for doctors to deliver her baby. After the baby was delivered, wife was taken off life-support, and she died.

Husband filed a lawsuit against the wife’s doctors alleging medical malpractice. Due to the legislative and constitutional changes to the Texas medical malpractice laws in 2003 (which cap non-economic medical malpractice damages at $250,000), health-care providers in Texas generally carry very little medical malpractice insurance. Texas has no legal requirement that physicians carry medical malpractice insurance. Wife’s doctors only maintained $100,000 each in medical malpractice coverage. The medical malpractice case was settled against wife’s doctors for $200,000. A paltry sum considering such a great loss.

Geoffrey Schorr

If you are thinking about placing a loved one in a Texas nursing home, or if you have loved ones in Texas nursing homes, you may wish to research the issue of medical malpractice insurance and whether the nursing homes you are considering, or the nursing homes in which your loved ones reside, maintain adequate medical malpractice insurance, if any. Consumers and health care providers should view medical malpractice insurance as protection for residents of nursing homes and their families, and not view medical malpractice insurance solely as protection for nursing homes or their investors from liability stemming from malpractice.

In December, the Dallas Morning News reported that one-third of Dallas area nursing homes received the “lowest possible Medicare rating.” Nursing homes that fail to score well with the Medicare rating system are likely nursing homes that also have numerous complaints and violations. Complaints and violations are generally related to under-staffing, improper procedures and unsanitary conditions. Nursing homes that have issues in these areas are more likely to commit medical malpractice. Moreover, if a particular nursing home is unable to maintain proper staffing, implement and follow proper procedures and provide a sanitary environment, chances are malpractice insurance is not a high priority.

Most Texas nursing homes are owned by for-profit companies. To maximize profits, some companies allow their nursing homes to operate with very cheap, insufficient or no insurance, providing little or no protection to nursing home residents and their families in the event of malpractice. Consumers should be wary of nursing homes that have regular complaints and/or violations as those nursing homes are the ones that may be more likely to have little or no insurance.

To research Texas nursing homes, and to learn about violations and complaints concerning individual nursing homes, consumers should visit the Texas Department of Aging and Disability Services’ website.

Geoffrey Schorr

Instances of nursing home neglect and abuse have been on the rise for decades. Of the more than 17,000 nursing homes in the United States, statistics show that more than 30% of them have high rates of abuse and neglect. Considering the fact that more than 1.6 million citizens depend on nursing homes to provide for their healthcare each year, incidents of neglect and abuse must be addressed. In 2003, USA Today reported that nearly half of all nursing home patients suffer from untreated pain. Another recent study found that almost 5000 death certificates for nursing home residents in 1999 listed starvation, dehydration or bedsores as the cause of death.

Nursing home negligence and abuse cannot be tolerated, and the rights of the numerous innocent victims of nursing home neglect and abuse must be upheld. It is imperative for family members to report suspected nursing home neglect and/or abuse to the proper authorities. Nursing home neglect and/or abuse can be manifested in different ways and it can result in a variety of injuries, including:

• Bed Sores
• Infections
• Falls
• Financial Abuse
• Fractures
• Malnutrition
• Dehydration
• Failure to Medicate & Monitor
• and injuries leading to Death

If you suspect that your loved one has been the innocent victim of nursing home abuse and/or neglect, contact Schorr Law Firm for a free consultation with one of our nursing home negligence attorneys.