When Medical Records Lack Information

When medical records lack information this can be a legitimate cause for concern.  For example, a patient experienced a serious complication from a medical procedure.  The complication subjected the patient to a predictable risk of new injury.  The medical records did not contain any evidence of her doctors discussing the patient’s predicament or considering the patient’s predictable risk of new injury.  The doctors opted to do nothing for the patient while awaiting surgery the next day apparently oblivious to the predictable risk of injury to the patient.  The patient did suffer the predictable injury within 5 hours and experienced a permanent injury to a significant part of her body altering her life and abilities. 

When the doctors were asked under oath why they chose to do nothing, the doctors explained that they had considered another greater “significant risk” the patient was facing based on a diagnostic process.  The doctors claimed they must have discussed the predictable risk of injury the patient faced but they could not remember the details of these discussions or when the discussions took place.  The explanation offered by the doctors under oath sounded completely believable until one closely reviewed the medical records and timing of events within the records cross referenced with the story given by the doctors.  It turns out the diagnostic test relied on by the doctors never really reported the other “significant risk” as claimed by the doctors.    Additionally, the medical records were silent about the claimed other “significant risk” and had it actually been considered by the doctors, they would have had to have informed other care providers and note it in the medical record, which had never occurred.  Nowhere in the medical record had the other “significant risk” been recorded.

Rather than speak the truth – that the patient’s predictable risk of injury from the procedure complication had been missed and never considered – the doctors chose instead to fabricate their decision making process.  Why?  The reason for this mistruth can only be explained via a systemic culture of the hospital or the culture of silence practiced by the medical community when things go wrong and patients are unnecessarily endangered and injured.  If the doctors had admitted their lack of care, then the patient could have moved forward and have their damages addressed.  But instead considerable effort and time had to be devoted to exposing the “lie”, which only damages the reputations of the physicians and the hospital.   So if information is missing in a medical record, it can be a legitimate cause for concern. 

If you or a loved one have experienced an injury from medical care and treatment – consult with an attorney as soon as possible.  Please call the Randall Law Office for a free consultation (866) 775-0082.   

Errors in Diagnosis

Most people will experience at least one diagnostic error in their lifetime!

According to a 2015 report by the National Academies of Sciences, Engineering, Medicine, "Improving Diagnosis in Health Care", "diagnostic errors persist throughout all settings of care and continue to harm an unacceptable number of patients." 

What can you do to prevent diagnostic errors?  Make sure the healthcare provider is truly listening to you, and not just sitting before a computer throwing out questions and pecking away at a key board.  Listening by a healthcare provider requires eye contact, asking pertinent thoughtful questions relating to your statements.  "Patients and their families are critical partners in the diagnostic process," states the report.  As patients and family members we must insist on healthcare providers listening to us and not treating us as items on a conveyor belt.  To be sure, there are many reasons for diagnostic errors including failure to order tests, failure to consider test results, failure to follow-up, failure to consult with specialists, and personal biases by the healthcare provider.  While we can ask for tests and request second opinions, our first opportunity is to insist that our healthcare provider actually listen to what we have to say and care about what are saying.  As distractions, electronics, patient processing urgencies tax the attention span of our healthcare providers we need to demand they listen first.  If you find you cannot get the healthcare provider to listen then it's time to ask to see someone else.  We have the right to be a patient and not a victim. 

If you or a loved has been the victim of the failure to diagnose or misdiagnosis call an attorney to discuss your rights.

Safety First for Children Traveling in Vehicles.

Motor vehicle crashes are a leading cause of death among children in the United States.  In 2013, 638 children ages 12 years and younger died in motor vehicle crashes, and more than 127,250 were injured.  But parents and caregivers can make a lifesaving difference.

If you are driving anywhere, make sure any child passenger is buckled in an age- and size-appropriate car seats, booster seats, or seat belts. 

Data shows that:

• In 2013, use of restraints saved the lives of 263 children ages 4 years and younger.

• Car seats reduce the risk of death in car crashes by 71% for infants and 54% for toddlers ages 1 to 4.

• Booster seats reduce the risk for serious injury by 45% for children ages 4 to 8 years.

• Between 1975 and 2013, child restraints saved an estimated 10,421 lives of children ages 4 and younger.

Children aged 12 and under should be properly buckled in the back seat.  Front airbags can kill young children riding in the front seat. Never place a rear-facing car seat in the front seat or in front of an airbag.

While all of these statements may sound repetitive, observance of safety tested procedures prevent harm and keep us safe.  Stay Safe!

Did You Suffer a Traumatic Brain Injury?

Have you ever hit your head as a result of a fall, car crash, or other type of activity and just "did not feel right" afterwards? After a few days, you returned to your normal activities, but continued to experience headaches, sensitivity to noise, or difficulty concentrating and remembering things. Does this sound familiar?  You may have suffered a traumatic brain injury (TBI).

A TBI can disrupt the normal functions of your brain. TBIs—ranging from mild concussions to severe, life-threatening injuries—can be prevented by incorporated safety methods for activities.

According to CDC research in the United States:

·         the youngest children and older adults are at highest risk for sustaining fall-related TBIs,

·         adolescents and young adults (persons aged 15–24 years) have the highest rates of motor vehicle-related TBIs, and

·         adults aged 65 years or older have the highest rates of TBI-related hospitalization and are more likely to die from TBI (either TBI alone or along with other injuries or illnesses) than any other age group.

Learning the Signs and Symptoms

Many people with a TBI can recover quickly. But for some people, TBI symptoms can last for days, weeks, or longer. In general, recovery may be slower for older adults, young children, and teens. In severe cases, a TBI can lead to coma and even death. People who have had a TBI in the past are at greater risk of having another one and may find that it takes longer to recover if they have another TBI.

Symptoms of TBI usually fall into four categories

Thinking/Remembering	Physical	Emotional/Mood	Sleep
Difficulty thinking clearly	Headache Fuzzy or blurry vision	Irritability	Sleeping more than usual
Feeling slowed down	Nausea or vomiting (early on) Dizziness	Sadness	Sleeping less than usual
Difficulty concentrating	Sensitivity to noise or light Balance problems	More emotional	Trouble falling asleep
Difficulty remembering new information	Feeling tired, having no energy	Nervousness or anxiety

Some of these symptoms occur at the time of the injury. Other symptoms may not be noticed for days or months after the injury, when a person returns to their everyday life.^[1]

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[1] Centers for Disease Control and Prevention

If you or a loved one has experienced a head injury seek medical attention immediately.  If the injury was caused due to safety violations consult an attorney.

Distracted Driving is Dangerous Driving.

Before you pick-up your cell phone while you are behind the wheel STOP and THINK.  If there is no emergency, whatever is happening on the cell/smart phone can wait or you can pull over. 

According to 2013 government statistics, 424,000 people were injured from distracted driving.  At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010. And because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction. 10% of drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted.  

All parents and adults should lead by example, showing the younger drivers that cell phone distraction is dangerous, deadly and totally unnecessary.  Learn to ignore your phone or pull over for your safety and the safety of others.

Medical Errors - Be Vigiliant About Your Care

Preventable medical errors are the #3 cause of death in the United States according to the Journal of Patient Safety.

The #1 cause of diagnosing errors is the physician’s failure to consider alternative causes for the patient’s problems according to an Internal Medicine study.

Obtaining safe healthcare should be everyone’s business.  But when preventable medical errors are the #3 cause of death in this country, not to mention the countless injuries caused by preventable medical errors, what are patients to do?  And with a medical culture of cover-up and lack of disclosure, patients and their families are often left in the dark. 

You can be vigilant about your care and point out the errors you are aware of to the physicians, nurses and healthcare providers - and also do it in writing.  Healthcare facilities have processes in place often called “peer review” which they have convinced legislatures to keep confidential by passing laws.  While this process is designed for internal discussion of medical errors and how to keep them from happening in the future, the patient and their families have no access to this information.  By writing down the error you witness, and insisting your written report be included in the medical record, you can at the very least document the error and have a record of it in case this information is needed for further proceedings with the state licensing board or future court proceedings.

Justice for You and Safety for Your Community.

How do we obtain justice for you and how do we make our communities safer?  When you or a loved one has been injured or killed it will have occurred due to an individual or business violating safety rules, protocols or procedures.  To obtain justice for you, we work to identity the safety rule, protocol or procedure that was violated and we pursue your claim pointing out the safety violation.

   

There are safety rules for every kind of conduct, for example - medical care, operation of cars on the roads, dealing with businesses, landlord tenant relationships, maintenance of property to prevent injury to others, just to name a few.  These safety rules apply to the conduct of people or businesses in our community.

   

When safety rule violations result in injury or death to people in the community, from unsafe medicine or careless driving, or unsavory business practices, the community can enforce the safety rules making our communities safer for our families, friends and neighbors.  Communities can make our communities safer by enforcement of laws, passing ordinances, but most importantly, members of the community can hold violators of safety rules responsible when sitting on a jury in court.  The community jury verdict announcing a money judgment for those injured or killed due to safety violations sends a message that violators of safety in the community will be held accountable and responsible. 

Justice for you and safety for your community.

Be Proactive About Your Healthcare

Cancer is a devastating disease.  This day and age everyone knows someone who has or had cancer.  There are many types of cancer and we cannot help but be familiar with those types of cancer that are in the news the most – breast cancer, lung cancer, prostate cancer.

The fact is, medical professionals still believe early detection leads to a better outcome for the patient.  That means people have to bring health concerns to the attention of their physicians and the physicians have to listen, investigate, order the necessary tests and send you to the right doctors to determine if you have cancer. 

Of course many health concerns are not related to cancer.  Your physician is responsible for knowing what the red flags are and whether further testing is necessary or you should be referred to specialist.  Delays in diagnosis are preventable.

As people have recognized, today’s delivery of healthcare has changed.  Many people across the country complain their doctors do not listen, are not familiar with them or their medical history, do not give them enough time and do not order enough tests. 

Stand up for your or your loved one’s right to receive good healthcare – ask questions, get answers in easy to understand terms, request tests, and request referrals and second opinions.  Be proactive about healthcare for yourself or your loved ones.  Everyone has the right to receive good healthcare. 

If you or someone you know has experienced a delay in diagnosis of cancer or some other illness, please call the Randall Law Office for a free consultation (866) 775-0082. 

Summer Safety.

Summer is a time of fun, sun and water sports. But even this great time of year can be dangerous if safety rules are not followed.

Recent studies have confirmed that back yard pools are the #1 cause of drowning deaths for children aged 1 to 4. Young children are particularly susceptible to drowning because they are poor swimmers, are unaware of dangers and can easily fall in while playing around a pool.

Children must be carefully observed at all times in and around the pool without exception. Any inattention can quickly result in a tragedy that was preventable.

As you begin this summer make sure that when your children enjoy the backyard or public pool safety always comes first and you keep an eye on them at all times.

Call the Randall Law Office at (866) 775-0082 with any questions about the consequences of safety rule violations.

Hazardous Driving on Maine Route 1.

Route 1 in Maine has just received the dubious distinction of being named one of the 7 most dangerous roads in America according to www.defensivedriving.com.  If you are a frequent or even infrequent traveler of that roadway you probably will agree.

Most people will tell you that it is not a fun road to drive with poor road signs, sharp curves, and often times harsh weather.  To make matters worse there is a large population of moose in the area who use the highway as a crossing.  All of this combines to create the higher mortality rate along rural lanes in Maine than in any other state.  That last sentence is sobering.  Imagine, more people per capita die in car accidents on rural roads in Maine than any other state in the Union!

If you or someone you know has been involved in a Maine car crash please call the Law Office of Mark Randall in Portland at (866) 775-0082 right away.  There is never a charge for an initial consultation.  Mark has handled car accident cases throughout the state of Maine for over 27 years and will aggressively represent your interests to obtain the compensation and justice you deserve.

How Long Do I Have to File a Slip and Fall Claim in the State of Maine?

If you are thinking about a slip and fall lawsuit you need to understand the state’s statute of limitations and how it applies to your particular situation.  There are different deadlines depending on the kind of case you wish to file.

In the context of a slip and fall accident, if you think the property owner is responsible for dangerous property conditions -- and by extension, for your injuries -- you must get any lawsuit filed against that person (or business) within six years, and the “clock” starts running on the date the slip and fall occurred.

That same six-year deadline applies if your personal property was damaged -- let’s say you broke an expensive watch when you fell, for example -- and you want to file a lawsuit asking for the repair or replacement of that property.

You may be wondering what happens if you try to file your lawsuit after the deadline set by Maine’s statute of limitations has already passed. In that situation, the property owner is sure to make a motion to dismiss your lawsuit, and the court will almost certainly grant the motion.

Do not take chances with a potentially life-changing situation.  Contact your Maine slip and fall attorney Mark Randall at (866) 775-0082 immediately!  Or visit them on the web at their beautiful new home, www.randalllaw.com.