Atlanta Injury Lawyer Blog

It’s not news that doctors protect their own, although that fact is now proven. In a recent study, 46 percent of physicians surveyed admitted they knew of a serious medical error that had been made but did not tell authorities about it. This in spite of the fact that in 2000, the U.S. Institute of Medicine reported that up to 98,000 people die every year because of medical errors in hospitals alone.

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There is probably plenty of blame to go around for this phenomenon: inadequate State Medical Boards, hospitals that profit off of physicians, and an attitude of many physicians that they simply should not be held accountable for their errors, because, they are, after all, doctors. Let’s hope the Georgia Composite State Board of Medical Examiners, the Board that oversees all physicians licensed here in Georgia, does a better job of cleaning their own house. Plaintiffs’ trial lawyers who handle medical malpractice cases here in Georgia, as I do, will do everything we can to hold negligent physicians accountable in a civil court of law, as long as the Georgia Legislature stops limiting a Georgia citizen’s access to the courts and, thereby, to justice.

It is hard to believe this actually happened, I know, but in a Rhode Island hospital, there have been three botched brain surgeries in the last ten months in which the physician operated on the wrong side of the brain! In two cases, the doctors did not realize the errors until after they had opened the skull. This is not just rotten luck: this is evidence of a significant systems failure in that hospital.

We, as Georgia citizens, can only hope we would be better served by our hospitals and our physicians, and that the Georgia Composite State Board of Medical Examiners would be more diligent in weeding out incompetent doctors. We place our lives and the lives of our loved ones in the hands of these physicians and we expect some minimum level of competence, which clearly is absent if the physician operates on the wrong side of the body.

I am very pleased to announce a $10 Million verdict by a Bibb County jury for a woman who was made severely ill by a laparotomy pad (sponge) left in her stomach by her doctors during surgery. Although the sponge left by the doctors was discovered in her stomach about a week after it was negligently left there, it had already poisoned the unfortunate woman so severely that it caused kidney damage and blindness.She also suffered severe memory loss and depression. The verdict was against the hospital due to the failure by the hospital’s nurses to keep an accurate sponge count during and after the surgery. The injured woman had approximately $800,000.00 in medical bills to treat all of the new medical problems caused by the sponge that was not supposed to have been left in her body.

Georgia citizens take heart! So often insurance carriers play the “conservative county” card in trying to lowball plaintiffs in settlement negotiations, and Bibb County is certainly perceived as a “conservative county.” I think what this means is that the good people of Bibb County know real medical malpractice and a real tragedy when they see one and will gladly give appropriate financial relief to balance the harm that is often done by rampant medical malpractice. The Bibb County jury rendered justice as they saw fit,and their verdict is nothing short of an affirmation of the jury system, so preciously protected by the 7th Amendment to the Constitution.

We can only hope so.

An Illinois Circuit Court yesterday held the cap on damages in Illinois to be unconstitutional. This took great courage by the Illinois Circuit Judge to call a spade a spade and she did just that, without regard for the inevitable political consequences her decision may have.

In the Illinois case, the ruling came in the case of Abigaile LeBron, whose family last December sued Gottlieb Memorial Hospital in Melrose Park and Dr. Roberto Levi-D’Ancona for not acting quickly enough when Abigaile’s mother began showing problems during her October 2005 birth. Abigaile was left with severe brain damage and other developmental problems. With such severe brain damage, there is no question that it will take millions of dollars to raise this child and to provide appropriate medical care for the rest of her life.

The answer is probably yes.

Georgia hospitals, along with most other hospitals in the United States, most likely discriminate against the uninsured, or those patients insured through either Medicare or Medicaid. A new study regarding patients with appendicitis certainly seems to prove the theory. This study, appearing last month in The Journal of the American College of Surgeons, used state data from 2003 and 2004 in New York and included 26,637 appendicitis patients, of whom 7,969 had a ruptured appendix. There were no significant differences in the likelihood of perforation among whites, African-Americans, Hispanics and Asians. Compared with patients who had private insurance coverage, those on Medicare were 14 percent more likely to have a burst appendix, people on Medicaid were 22 percent more likely, and those with no insurance at all were 18 percent more likely to have a rupture.

This is obviously not a very kind commentary on our nation’s hospitals. Once again, it is a tell of the haves and the have-nots, as Senator John Edwards often puts it, because those who “have” private insurance get proper medical care for appendicitis well before the appendix becomes so diseased and inflamed that it ruptures and then must be removed on an emergency basis. Those who do “not have” private insurance get ignored with complaints of abdominal pain until the appendix ruptures, leading to emergency surgery, and, ironically, potentially higher medical costs.