Syracuse Medical Malpractice Lawyer Blog

According to a recent study published in the Archives of Internal Medicine, most doctors are aware of the mistakes they have made. Of the doctors polled, almost all could recall the instances when they misdiagnosed a patient, or made a diagnosis too slowly. On average, each physician polled reported an extraordinary 2.2 errors.

The most common misdiagnoses or delayed diagnoses reported were pulmonary embolism, lung cancer, colorectal cancer, breast cancer, drug reactions, and strokes.
The most common reasons for the misdiagnoses were failure to order laboratory tests, failure to review the results of laboratory tests ordered, inadequate histories, inadequate physical examinations, failure to order a consultation, and failure to consider alternate causes for the patient’s symptoms.
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According to a recent study, as many as one-half of all hospital patients in hospital intensive care units have infections and nearly three-in-four patients are being given antibiotics. While infections are not usually the result of medical malpractice, the failure to diagnose an infection or the failure to prescribe antibiotics for an infection can form the basis of a medical malpractice lawsuit.

When it comes to infections, the stakes are high. This is because hospital patients with infections are more likely to die — especially if the infection evolves into sepsis (blood poisoning). According to Dr. Jean-Louis Vincent of Erasme University Hospital in Brussels, Belgium, “the incidence of sepsis is increasing, as is the number of consequent infection-related deaths.”

In the study, more than 60% of infections were within the lungs. The abdomen and blood (sepsis) were also common locations for infection. The most prevalent bacteria were Staphylococcus aureus and E. coli.
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Central New York women who smoke, including women smokers in Syracuse, Watertown, Utica, Herkimer, Auburn, Oswego, Binghamton and other upstate New York State cities, have an increased risk of developing seizures.

According to a recent study, smokers were two to three times more likely to suffer a seizure. Theories for the increase in seizure activity include nicotine, and the fact that smoking decreases oxygen in the blood which decreases sleep (and increases the risk for seizures).

Generally, seizures arise from abnormal electrical activity in the brain, and are often associated with symptoms such as vision changes, a change in sensation, convulsions, and a loss of consciousness. Common causes of seizures include epilepsy, head trauma and stroke.
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Nearly every day, meningitis is misdiagnosed in New York hospitals, including Syracuse-area hospitals such as University Hospital, St. Joseph’s Hospital Health Center, Crouse Hospital, Samaritan Medical Center, Faxton-St. Luke’s Healthcare, St. Elizabeth’s Medical Center and Albany Medical Center. The failure to diagnose meningitis can have significant consequences, including loss of speech, hearing and, in some cases, limb loss and death.

Recently, the family of young boy recovered in a lawsuit brought a doctor and hospital for failing to diagnose meningitis. The boy lost his foot and most of his right hand. According to reports, the boy fell ill and presented to his pediatrician who, after a brief examination, diagnosed the infant with a stomach bug. A rash developed and, by the time the boy was transported to the hospital, he was suffering from advanced sepsis (blood poisoning). His kidneys failed and amputations began, starting with his right foot and ankle, as well as the thumb and two fingers on the boy’s right hand. The amputations were necessary to prevent the spread of gangrene.

According to the Meningitis Research Foundation, “meningitis can kill in hours.” For this reason, timely diagnosis and treatment of the disease is crucial.
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Crouse Hospital, a 506 bed facility based in Syracuse, New York, and Community General Hospital, a 306 bed facility also based in Syracuse, New York, are discussing the possibility of a merger to lower costs and improve upon patient care.

Crouse President and CEO Dr. Paul Kronenberg, and Community General President and CEO Tom Quinn agree that Syracuse is not large enough to support four hospitals.
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Recently, the American College of Obstetricians and Gynecologists announced that women can forego cervical cancer screening until they are 21 years of age and, even then, only need screening every 2-3 years. Previously, the standard of care required Pap testing within three years after a woman started having vaginal intercourse in order to check for pre-cancerous cells within the cervix.

Many criticize the change in screening protocol. Some suggest that it will encourage failures to diagnose cancer and increase the potential for medical malpractice. Others condone the decision. According to Richard Waldman, M.D., a Syracuse ob/gyn “[t]hese guidelines are coming from an organization that is out to protect women. There was no cost savings taken into consideration.”

Pap test samples fall into two primary categories. The first, for no cell abnormalities, are reported as “negative for intraepithelial lesion or malignancy.” Samples with abnormalities are subdivided into several categories, including ASC (atypical squamous cells), AGC (atypical glandular cells), AIS (endocervical adenocarcinoma in situ), LSIL (low-grade squamous intraepithelial lesion), and HSIL (high-grade squamous intraepithelial lesion). Each category has a different prognosis.
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Syracuse radiologist, Stephen Montgomery, M.D., who is also the medical director for Crouse Hospital Breast Health Center, believes that recent Task Force recommendations about mammograms — imaging studies used to detect breast cancer — are “complicated.”

Earlier this week, the U.S. Preventive Service Task Force recommended that women over age 50 undergo mammograms every-other-year. It also recommended against breast self-examinations. Both recommendations could lead to a rise in the number of undiagnosed breast cancer cases. The Task Force’s findings conflict with the American Cancer Society’s recommendations that women learn breast self-examination at or about age 20, and that they undergo mammograms yearly beginning at age 40.

The Task Force recommendations may discourage many women from receiving timely imaging studies that could detect breast cancer early. The recommendations may also confuse physicians, and could lead to an increase in medical malpractice due to a failure to diagnose breast cancer.

According to Dr. Montgomery, “[b]reast cancers are going to show up later, at a higher stage.” That means “a higher mortality.”
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Residents of Syracuse, a city located within Onondaga County in Central New York, and the doctors who care for them, should pay close attention vitamin D levels. A recent study showed a connection between vitamin D, strokes, and heart disease. This is an important development, because the failure to diagnose a stroke, and the failure to diagnose heart disease can have serious consequences, including death.

According to the study, people over age 50 with low vitamin D levels were 45% more likely to develop coronary artery disease, which can cause a heart attack or other heart failure. They were also 78% more likely to have a stroke, and were 77% more like to die early than those with normal levels.
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Many people under age 50 who present to a hospital emergency room with stroke symptoms are misdiagnosed and do not receive timely treatment. This is because most stroke victims are over age 55. In turn, doctors and other medical professionals may fail to diagnose a stroke because they attribute stroke signs and symptoms such as slurred speech and stumbling, to intoxication or a migraine.

According to the American Stroke Association’s International Stroke Conference, 8 of 57 patients between the ages of 16 and 50, who enrolled in the study, were misdiagnosed when they were suffering from stroke. Most patients suffering from a stroke were improperly sent home.

Examples of stroke misdiagnosis include an 18 year old man with left side numbness who was diagnosed as intoxicated, a 37 year old man with slurred speech who was diagnosed with a seizure, and a 48 year old woman with blurred vision and lack of coordination who was diagnosed with an inner ear infection.

Depending upon the type of stroke, a drug known as tPA can be given to prevent or limit damage to the brain.
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