Medical mistakes, including misdiagnoses, surgical errors or incorrect medications, can cost patients their health, not to mention their lives. According to the Institute of Medicine, as many as 98,000 Americans die every year due to preventable medical errors. Medical malpractice lawsuits, a form of personal injury lawsuits, are designed to protect victims of errors made by doctors, hospitals, clinics, pharmacists and other medical figures. However, a recent Arizona court ruling may make it more challenging for medical malpractice and wrongful death plaintiffs to prove wrongdoing on the part of the state’s medical community.

The medical malpractice lawsuit in question was on the behalf of Judy Benkendorf, an Arizona woman who developed blood clots in her lung following a 2003 surgical procedure to remove her cancerous left kidney. She was prescribed medication by doctors to help reduce blood clots, but she died two years later as a result of a massive brain hemorrhage.

Allen Benkendorf, Judy’s husband, filed a medical malpractice suit against the clinic who treated her, claiming that her death was the result of their negligent monitoring and adjusting of her blood clot medication. However, he was unsuccessful in blocking the testimony of Dr. Kurt Schroeder, the defense’s medical expert who testified that Judy’s death could have been attributed to a number of other factors, including her age, hypertension and possibility of stroke. The jury ruled in the clinic’s favor. Allen filed an appeal on the grounds that defendants must present alternate causes of injury that are probable, not just possible. His claim was struck down by the Arizona Court of Appeals.

Judge Michael Brown, writing on behalf of a unanimous three-judge panel, said plaintiffs in medical malpractice lawsuits must prove that their injury was, beyond a shadow of doubt, caused by an act or omission on the behalf of the defendant. Defendants in medical malpractice suits, however, only have to prove that something else could have caused the injury.

However, Brown said that this ruling does not give medical malpractice defendants license to assert that anything else could have caused the injury without providing evidence that validates that claim. Also, plaintiffs still have the opportunity to cross-examine the defense’s witnesses and present evidence that negates their testimonies.

The long-term implications of this ruling, including how much of an advantage this gives doctors and hospitals, are yet to be determined. However, it does emphasize the value of having an experienced personal injury lawyer on your side in medical malpractice cases.

The personal injury attorneys of Skousen, Gulbrandsen & Patience offer more than 50 years of experience fighting for the rights of injured patients. If you’re considering bringing a medical malpractice or wrongful death lawsuit, please contact us for a free initial consultation.

According to a new study, patients admitted to the hospital are more likely to die than patients admitted at other times of the year due to the influx of new, inexperienced doctors that usually takes place in that month.

According to a new study, the likeliness of surviving your hospital stay depends not only on what you have but what month you visit. The Annals of Internal Medicine recently published a review study that confirms that July is the riskiest month to be admitted to the hospital as a patient.

The review details what it calls The July Effect, which results from the transition from more experienced doctors to less experienced doctors that commonly takes place in July for most teaching hospitals. According to data collected from 39 medical studies published in the last two decades, hospital patients treated in July are 4 to 12 percent more likely to die than patients treated in the months before the changeover. Some of the studies included signify that medical errors and surgical complications are higher in July, but the data weren’t strong enough to be conclusive.

Though there’s not much patients can do short of simply not getting sick in July, many training hospitals have taken measures to diminish The July Effect, including having their strongest attending physicians on hand during the changeover or providing additional supervision for new doctors.

Keep in mind that, as a patient, you have to right to know how much experience your attending physician, nurse and medical staff has. According to the AHA Patient Bill of Rights:

“Patients have the right to know the identity of physicians, nurses, and others involved in their care, as well as when those involved are students, residents, or other trainees. The patient also has the right to know the immediate and long-term financial implications of treatment choices, insofar as they are known.”

If you or someone close to you has been severely injured or died due to a medical error, the Arizona personal injury attorneys at Skousen, Gulbrandsen and Patience can provide you with the tough representation you need. For a free initial consultation, contact us.