Researching Your Doctor: What You Should Know

An Orange County doctor, Alvin Yee, M.D., has been sentenced in federal court to serve no more than 11 years in prison for selling prescriptions to "patients" he would meet in coffee shops.  According to ABC News, Dr. Yee had been captured on video meeting with patients at coffee houses and fast food restaurants throughout the county selling prescription for dangerous narcotic medications such as OxyContin, Xanax and other addictive drugs.  At least two of the patients, both in their early 20s, overdosed and died after receiving prescriptions from Yee.   The investigation into his activities began in September of 2010 and ended after he sold a prescription to an uncover officer.

Protecting Yourself from Malpractice 

In the case above, the patients obviously had some role in their own mistreatment, and most people would recognize that a physician writing prescriptions at a fast food restaurant or a coffee shop is not likely providing competent care.  However, if you are a legitimate patient, how do you find out important background information regarding your doctor?  For example, if you were looking for a doctor to perform an orthopedic procedure you would certainly want to know if that doctor is at least board certified as an orthopedic surgeon.   But beyond verifying board certification, there are other steps you can take that, while not full proof, may give you additional assurance your doctor is competent.

Resources to Consider

First, you should at least consider the California Medical Board's website to see what the doctor's background looks like (i.e., years in practice, medical school attended, history of discipline, etc.).  As mentioned in earlier blogs, the Medical Board's history of investigating and disciplining bad doctors leaves a lot to be desired so that resource alone is likely not enough.  In Orange County, you may also want to visit the Superior Court's website to see what lawsuits have been filed against a particular doctor.  That system is also not one without flaws, but it sometimes will provide very useful information about a doctor's history of malpractice lawsuits.  Finally, just simply trying a Google search, which may lead to patient reviews and other sites such as Healthgrades,  which specifically focus on providing information regarding doctors and other health care professionals.

if you or a loved one have been the victim of medical malpractice, consulting with an experienced malpractice attorney is perhaps the best way to find out whether your case is one that can be successfully pursued.

SOURCE:  Exclusive: Doctor sentenced for prescribing drugs in coffee shops, ABC News, Orange County News, October 17, 2013, by Eileen Frere

OC Doctor Watch: Two OC Doctors Accused of Missing Fracture

How easy is it for a patient to find out whether their doctor, or a physician they are planning to see, has been sued for medical malpractice?  It's actually not that difficult if the physician practices in Orange County.  The Orange County Superior Court allows free access to their records dating back a number of years.  While the information is not guaranteed to be all inclusive or 100% accurate, the OC Courts website is a valuable tool for someone researching the background of their doctor.  This is especially true for people who have the option, under their insurance plan, to visit the doctor of their choosing.

Example:  Two Orange County Doctors Who Have Been Accused of Missing a Heel Fracture on X-rays

On October 18, 2010, a 28-year-old patient went into the TLC Medical Group office in Huntington Beach after a fall from a ladder.  The patient suspected that he had badly injured, if not broken, his right foot/ankle.  The physician on duty at the TLC urgent care, Francis Foo, M.D. (a family practice doctor), took three x-ray views of the foot and ankle, and reviewed those films in the office, while the patient was still present.  Dr. Foo did not identify a fracture, and the patient was discharged without such a diagnosis.  The films were reportedly forwarded to a board certified radiologist, Alexander S. Lin, Ph.D., M.D., who reviewed at least two of the x-ray views.  Dr. Lin's report was prepared on October 19th, and he too failed to identify any fracture on the films.  The patient (trusting the advice of  the two doctors) did not seek any further medical treatment for a number of months.  Unfortunately, the patient had indeed sustained a serious fracture of his right heel that mended in a gross malposition, leaving him with what is likely to be a lifelong problem.  One orthopedic expert who has examined the patient has recommended a complicated and expensive procedure, one that will result in a "fused" ankle and could cost between $30,000.00 and $50,000.00, including the cost of rehabilitation.  The lawsuit and arbitration claim against these two doctors is currently pending.

The Cost of Medical Errors

The cost to the patient of a medical error committed by their doctor can be devastating.  Patients, like the one above, can have their health seriously and permanently compromised, and they may have to undergo otherwise unnecessary medical procedures because of a physician's negligence.  Nearly one hundred thousand patients reportedly die every year because of preventable errors, according to some reports.  The cost to our national economy is thought to be in the tens ofbillions of dollars.  In spite of all of that, victims of malpractice and their families often find it difficult to obtain compensation or even hold the doctors accountable.  The civil justice system has built-in protections for doctors, such as California's Medical Injury Compensation Reform Act (MICRA), that uniquely protect physicians to the detriment of their patients.  MICRA was enacted more than 35 years ago, and for that period of time it has limited the compensation a patient or their family can recover against a health care provider, no matter how outrageous the negligence might be.

If you have been injured or a family member has been killed because of a health care provider's negligence, a free consultation with a malpractice attorney is perhaps the best way to find out about your rights to compensation. 

OC Hospitals See Downward Trend in Report

Nearly a third of California’s hospitals had worse in-patient death rates for various procedures and conditions than the statewide average during the two-year period, between 2010 and 2011, according to the Office of Statewide Health Planning and Development.  

The report, released on Monday, documents Inpatient Mortality Indicators (IMIs) for California hospitals in an effort to improve the quality of patient care and to help consumers make more informed healthcare decisions, among other reasons.  Interestingly, Orange County Hospitals fared pretty well in the 2010-2011 study.

Orange County Hospital Ratings

In the 2011 report from the OSHPD, Orange County hospitals received seven "Better" ratings and only three "Worse" ratings than the Statewide averages for the particular procedure performed or condition treated.  While this would seem to be a solid performance for 2011, the ratings of Orange County hospitals in 2010 were actually better.  In fact, in 2010 Orange County facilities received fourteen "Better" ratings and only three "Worse" ratings.  It is unknown whether this downward trend is a reflection of a drop in the quality of care or simply a statistically insignificant change.  

Medical Malpractice in Orange County

In spite of the number of patient injuries and deaths documented in Orange County each year, very few patients or their families are actually compensated for their losses.  Malpractice lawsuits in this county rarely result in a verdict in favor of the patient, and doctors/hospitals prevail the vast majority of the time.  Unfortunately, juries tend to favor doctors, and that bias translates into defense verdicts and physicians being held accountable for their mistakes only a small percentage of the time.  

If you or a loved one has been injured by what you believe is medical neglect, contacting an Orange County malpractice attorney is likely the best, first step toward determining whether you have a valid case.

SOURCE:  AHRQ - Inpatient Quality Indicators (IQIs), Hospital Inpatient Mortality Indicators for California, 2010 and 2011, Office of Statewide Health Panning and Development, June 10, 2013

California's Medical Malpractice System

If you believe you or a family member have been a victim of medical malpractice you should be aware of some of the most important provisions of the Medical Injury Compensation Reform Act of 1975 (MICRA).  This enactment more than 35 years ago imposes certain restrictions and limitations on civil actions that most malpractice victims would likely consider unfair, or at least outdated.  If you believe a doctor or other health care professional has committed malpractice, below are some of the California rules you should keep in mind before filing such a case.

First, unlike other types of personal injury lawsuits (in which the statute of limitations is two years), an action against a health care provider must generally be filed within one year from the date of the alleged malpractice.  The timing for cases involving small children is, however, considerably longer.  Additionally unlike other defendants in injury cases, a health care provider is entitled to a 90-day warning that a lawsuit is going to be filed.  In theory, the Notice of Intent was intended to allow the health care provider the opportunity to resolve meritorious claims before a lawsuit is filed and the reputation of the doctor further tarnished.  In practice, this almost never works as medical negligence cases are rarely settled before a lawsuit is filed with the court.

Perhaps the next most important difference between medical malpractice lawsuits and those involving other types of personal injury claims is what is commonly referred to as the "MICRA cap".  Under the rules enacted more than 3 decades ago, the limitation on recovery for pain and suffering (so-called "non-economic" damages) is $250,000.00.  There is generally no limitation whatsoever in other types of personal injury cases.  The absurdity of this rule is perhaps best demonstrated by the following: If a physician were to carelessly run you over in his car on his way to the hospital one day (causing injuries requiring amputation of both legs), you would be able to recover the full amount of your injuries and damages against the doctor, in the millions of dollars.  However, if that same physician on the same day committed medical malpractice during your care, causing you to lose both legs, your compensation for exactly the same injuries would be only $250,000.00.  Maybe this limit was fair and justified back in 1975.  However, more than 35 years later (with not so much as a penny increase for the inflation/cost of living rate) it often works a substantial injustice in today's world.

Finally, in California courtrooms and particularly those in Orange County, juries very often favor the physician and his or her side of any malpractice case.  Generally speaking, physicians prevail in roughly 90% of the medical malpractice cases going to a verdict in Orange County courtrooms.  That juror bias is often difficult to offset, even in the strongest of cases.  This, and the MICRA cap referenced above, generally translate to lower settlement values, even for very strong cases.

Fair compensation for victims of medical malpractice should be an important concern for all Californians.  When a physician carelessly harms a patient, they should be held accountable.  An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 21 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of medical malpractice?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Hospital Fined After Poor Nursing Care Leads to Death

On Friday, it was announced that Southwest Healthcare System has been fined $100,000 by the California Department of Public Health for failures in procedures that led to the death of a baby during delivery.  According to an article in the Press Enterprise, this latest fine was imposed as a result of substandard nursing care that occurred at Rancho Springs Medical Center in Murrieta.  A delivery nurse failed to timely alert a physician when the nurse could not find a steady fetal heartbeat.  The baby was thereafter delivered by cesarean section but had no heartbeat and was not breathing.  After 30 minutes of resuscitation efforts, the baby was pronounced dead.

Read the full Press Enterprise article HERE.

Unfortunately, the scenario described above is not an unfamiliar one.  In a busy hospital setting, nursing neglect occurs, and it often happens during labor and delivery.  The failure to closely monitor a baby's heart rate (especially decelerations) sometimes occurs and leads to tragic results.  When a baby is in distress, and conservative measures have failed (such as repositioning the mother, etc.), then an emergent c-section becomes necessary to ensure the baby does not sustain significant oxygen deprivation (anoxia) and related brain or other injury. Oxygen deprivation during delivery can lead to brain injury, blindness, cognitive and learning disabilities, physical disabilities, and even death.  As in the case above, when the emergent delivery is necessary to prevent prolonged oxygen deprivation, and that delivery is delayed because of malpractice, the injured child and their family may be entitled to compensation for the resulting injuries and damages.

Compensation for victims of medical and nursing malpractice should be an important concern for all Californians. When a physician or nurse carelessly harms or kills a patient, they should be held accountable. An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of nursing or medical error during labor and delivery?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.