Archives for March 2012

Anesthesia Errors in the 21st Century

Since its introduction in the mid-19th century to the present day, anesthesia has become notably safer. The first anesthetic compounds were explosive, dosages were not established, and unexpected negative effects included fatal aspiration of stomach contents.

Today, anesthesia is administered by anesthesiologists (MDs) and certified nurse anesthetists (CRNAs) with extensive specialized training in the field. The operating room (OR) is equipped with devices that monitor blood pressure, blood oxygen levels, and actions of the heart and lungs during surgery. The anesthesiologist can choose from a range of drugs proven to be safe and reliable.

Why do patients still die from anesthesia?

Despite the abundance of knowledge about anesthesia drugs and their effects on humans, about allergic reactions and antidotes and about techniques and devices to keep airways clear during surgery, deaths and serious injuries still result from anesthesia. Some are unpredictable and inexplicable. Others, resulting from human error, are medical malpractice. And still others are the result of defective drugs or medical devices.

It is critical that the patient’s airway remain open to receive oxygen. During general anesthesia (when the patient is unconscious, paralyzed and can’t breath normally), the anesthesiologist protects the airway by inserting an endotracheal tube into the trachea (windpipe). If the doctor carelessly inserts the tube into the esophagus instead of the trachea, the patient’s oxygen level will drop and the patient will suffer cardiac arrest and, if the airway is not cleared within four to six minutes, brain damage. A well-equipped OR will have a device to verify correct placement of the endotracheal tube. When a procedure is done in an office, the risk of error rises.

Anesthesia is an entire branch of medical science, not just a class of (potentially toxic) drugs. The anesthesiologist, nurse anesthetist, and anesthesia assistants are responsible for observing the patient, noting any unanticipated changes after administration of a drug and responding accordingly. Fatigue, stress, inattention, or poor training may result in operating room staff’s failure to identify an emergency and take appropriate measures.

One of the earliest noted causes of anesthesia-relate death was aspiration of stomach contents; it continues to threaten patients today, especially those who are pregnant, obese, or have bowel obstructions. Special techniques will protect those patients. Another human error is overuse of a sedative during a minor procedure, causing a patient to stop breathing and die. Strong sedatives are often administered by poorly trained staff in a doctor’s or dentist’s office. After the anesthetic is stopped, the anesthesiologist’s or anesthetist’s failure to administer drugs to reverse the paralyzing effect may result in the patient’s failure to resume breathing.

Mechanical devices used during administration of anesthesia are very reliable, but the doctor/nurse anesthetist is responsible for going through a checklist to ensure the device is working properly and avoid death or injury from failure of the anesthesia machine, ventilator, or monitor.

A family that has lost a loved one, or a patient who suffered brain injury or another serious injury as a result of an anesthesia error, may be entitled to compensation from the hospital, anesthesiologist, anesthetist, or manufacturer of defective medical equipment. If a survivor is considering a personal injury claim, it is important to work with a law firm with the resources to pursue a complex, expensive case, and a successful record in personal injury law.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Amputation Claims, Settlements and Awards

A woman crossing the street in Paterson New Jersey was struck by a bus. Her injuries required amputation of her left leg above the knee, and amputation of part of her right foot. New Jersey.com news reported that more than two years after she filed a claim, she reached a $7.7 million settlement with the transit agency.

A 24-year-old man entered the emergency room after the tip of his finger was severed in an accident. In a paper presented as part of the New Jersey Medical School Interesting Case Series, authors Hahn and Travato suggest that treatment options might vary depend on, among other things, the patient’s age.

The U.S. Consumer Product Safety Commission toddler chair was recalled after two cases of finger amputation or severe finger injury.

What is the value of an amputated leg, finger, or arm?

A person who loses a limb as the result of the negligence or intentional act of another is legally entitled to compensation. What wisdom do the courts and insurers employ to determine the value of a toddler’s finger or an athlete’s leg?

The first and foremost concern of an insurance company is keeping the award low. Typically, the insurer will offer a quick, simple settlement for an amputation injury. A victim is advised to consult with a personal injury attorney before speaking with insurance company representatives about the accident or any settlement. There will be no legal fees for a consultation. The lawyer, experienced in dealing with insurers, will handle the claim while the amputee deals with pain, recovery, and grief over the loss. An appropriate personal injury law firm will have a proven record of successful representation, and have the resources to arrange for investigations, medical and rehabilitation evaluations.

A broad range of factors may affect the outcome of an amputation claim. The judge, jury, or insurance adjuster awarding damages or negotiating the settlement will consider circumstances surrounding the accident, age of the victim, any permanent loss of function, cosmetic effects of the amputation, cost of future treatment, disability accommodations, and any other issues brought to light at trial or in negotiations. The quality of legal representation is critical—insurance companies have entire legal departments employed to contest claims.

A personal injury attorney will file claims for damages against all negligent parties. Causes of accidental amputation and related liability claims may include dangerous conditions on property (premises liability), defective toys, tools, auto parts and other manufactured products (product liability), doctors’ errors and hospital negligence (medical malpractice), construction accidents, and all types of motor vehicle accidents.

If the amputation was due to a work-related injury, the state of New Jersey Workers’ Compensation Law provides a schedule that outlines in specific detail compensation for loss of an eye, loss of the thumb to the first joint, loss of a tooth, amputation of a leg at the knee, and other amputations. Compensation is defined in terms of weeks of work.

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What is Divorce Mediation?

Divorce mediation is a process where a neutral party helps a couple work out the terms of their divorce. The third party, a certified mediator, does not make any decisions. Rather, the mediator works with the couple, guiding their discussions and helping them focus on solutions that preserve the value of the marital estate, are fair to both spouses, and are in the best interests of their children. It is the mediator’s job to provide a calm, professional presence in an emotionally difficult situation

Mediation is a private process. Typically the spouses will sign a contract agreeing to keep the discussions confidential. The discussions will not be admitted as evidence in any later court appearances.

Each divorce agreement is unique. The length of the mediation process depends on the complexity of issues involved and how far the spouses are from agreement. Mediation begins with a series of meetings including both spouses and the mediator. The number and length of meetings will vary. Divorce is a difficult process, always following the pain and disappointment of a failed marriage. It is common for spouses to place irrational importance on small issues, or fail to see the burden a custody battle will place on their children. The mediator will help them refocus on important issues and put others in perspective. It is necessary that both spouses be willing to put forth an honest effort to reach an agreement. If one or both are seriously combative, mediation will not be an effective solution.

You may still have an attorney review your agreement. When the couple has reached agreement on some or all issues, the mediator will prepare related documents to be submitted to the court as part of the final divorce proceedings. Many mediators recommend that their clients engage separate attorneys to review the agreements before finalization. Although that is not required by the court, it provides an additional layer of protection for each party. It is an economical alternative to working through the agreement process with your attorney present.

New Jersey divorce courts support mediated settlements. A mediated agreement is generally considered superior to a decision rendered by a judge. Both parties have invested time and emotional energy in reaching common ground. The mediator has helped them work out reasonable agreements and get past apparent roadblocks. With few exceptions, judges approve the agreements.

New Jersey courts recognize mediated property settlements and child support agreements, although a child support agreement may be reviewed if there is a question about the child’s welfare. In a related process, collaborative divorce, each party is represented by separate counsel, and the mediation process may involve a child psychologist, property evaluator and other experts. Some collaborative divorce lawyers, as part of their commitment to mediation, refuse to later represent their clients in litigation.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.