Should Surgeons Be Banned From Performing “Simultaneous Surgeries”?

Malcolm P.

Author: Malcolm P. "Mic" McConnell, III, Richmond, VA Medical Malpractice Attorney

Surgical procedures require coordinating the schedules of patients, surgeons, nursing and support staff, as well as the availability of the hospital operating room where the surgery will take place. The complexity of managing all these schedules means that some facilities schedule “concurrent surgery” to make the best use of everyone’s time. Also known as overlapping surgery or simultaneous surgeries, concurrent surgery is a method of managing surgeries where two operations, whose critical parts occur at the same time, are managed by the same surgeon. [1] At times there may be only a minimal overlap, where the…

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Medical Malpractice: Surgery and Hospital Stays

Malcolm P.

Author: Malcolm P. "Mic" McConnell, III, Richmond, VA Medical Malpractice Attorney

When a doctor or healthcare provider is negligent, and a patient is harmed by that negligence, that patient may have a medical malpractice claim. These claims can arise in countless different situations, but often come up in complicated circumstances—such as during surgery or when patients stay in the hospital for an extended period of time. The Institute of Medicine (IOM) estimates that between 44,000 and 98,000 patients die each year as a result of medical errors.[1]

How medical malpractice can occur: Surgery

One place where negligent errors can occur is in the operating room. Due to the complexities…

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Expert Witnesses and Your Medical Malpractice Case

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Author: Malcolm P. "Mic" McConnell, III, Richmond, VA Medical Malpractice Attorney

When patients are dissatisfied with their doctors or healthcare providers, they may feel justified in filing a medical malpractice claim. However, medical malpractice lawsuits can be complex, and a valid claim requires that a doctor or healthcare provider was negligent when providing care to the patient. Virginia law also has other requirements that must be met, such as certification by an expert witness and filing your claim within the statute of limitations.[1] An experienced attorney can help you determine the validity of your claim and help make sure these legal requirements are satisfied.

In medical…

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Nursing Malpractice Claims Increase

Malcolm P.

Author: Malcolm P. "Mic" McConnell, III, Richmond, VA Medical Malpractice Attorney

Medical malpractice claims against nurses are on the rise. Recent studies suggest that nurses are more frequently being found liable when a patient is harmed as a result of a failure to provide reasonable care. For example, researchers at the Nurses Services Organization (NSO) found in one study that more than $90 million was paid out in malpractice claims against nurses filed over a five-year period.[1] The NSO report included malpractice claims that were filed against registered nurses, licensed practical nurses, and licensed vocational nurses.[2]

The NSO report explores the ways in which nursing malpractice can…

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What is Medical Malpractice?

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Author: Malcolm P. "Mic" McConnell, III, Richmond, VA Medical Malpractice Attorney

I am often invited to speak to physicians and other professionals and laymen about medical malpractice issues. On such occasions, I share the same information I provide to every client who seeks my advice and assistance with a potential medical malpractice claim: I define "medical malpractice" for them. However, I have found that the best way to tell people what medical malpractice IS, is to tell them what medical malpractice is NOT.

Medical malpractice is NOT that a doctor made a mistake. Doctors are human. They are not all-knowing, they are not all-powerful, and they are not perfect. They are "allowed"…

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Morcellators: Medical Innovation Gone Wrong

Malcolm P. McConnell III, Medical Malpractice Lawyer, Richmond VA

Author: Malcolm P. "Mic" McConnell, III, Richmond, VA Medical Malpractice Attorney

Every year, advancing medical care and techniques improve the lives and recovery times of sick people and accident victims. Sometimes, advances in this field come with their own set of complications and problems. One such advancement is the morcellator, a device designed to break down large tissue masses into small fragments and commonly used during a hysterectomy (surgery to remove a woman's uterus) or a myomectomy (surgery to remove noncancerous fibroids from the uterus). The morcellator has quickly rotating blades that break down the mass into tiny pieces, which are then vacuumed out of the body.[1]

Morcellators…

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Can I recover medical expenses even though my health insurance paid them?

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Author: Malcolm P. "Mic" McConnell, III, Virginia Medical Malpractice Attorney

Yes, you can.  Virginia law includes what is called the “collateral source” rule.  If someone is negligent and hurts you, there is no reason why he should get the benefit of health insurance that you paid for.  As the Supreme Court of Virginia has said, “A person who is negligent and injures another ‘owes to the latter full compensation for the injury inflicted[,] . . . and payment for such injury from a collateral source in no way relieves the wrongdoer of [the] obligation.’”[1] Thus, the wrongdoer’s obligation to you is not diminished by your receipt of insurance payments, social security benefits, public and private pension…

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Who May Give Medical Causation Testimony in Virginia Courts?

David M. Irvine, Charlottesville, VA Personal Injury Attorney

Author: David M. Irvine, Charlottesville, VA Personal Injury Attorney

At the trial of a personal injury case, it is critical for the plaintiff to establish not only the nature and extent of her injuries, but also that those injuries were caused by the defendant’s negligence. Ordinarily this medical “causation” evidence is presented through expert opinion testimony of the physicians and other health care providers who treated the plaintiff following the incident.

Expert Witnesses at Personal Injury Trials

Most witnesses who testify at trial are permitted to state only facts and not opinions. However, the law of evidence permits witnesses with “specialized knowledge” which will assist the jury…

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Beacon Tip Angiographic Catheter Class 1 Product Recall Follows Injuries in Virginia

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Author: Jason W. Konvicka, Richmond, VA Medical Malpractice Attorney

Beacon Tip Angiographic Catheter Products have been found to exhibit tip splitting or separation which has resulted in severe outcomes for patients. Device maker Cook Medical has received complaints of catheter-tip splitting and/or separation and issued a voluntary product recall.

This medical device product recall of angiographic catheters represents a serious and potentially fatal health situation for patients with the catheter. A catheter that splits or separates could enter the patient’s bloodstream and block blood flow to other organs and parts of the body. Medical intervention would be required to retrieve a split or separated…

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What is Medical Malpractice? - VIDEO

Malcolm

Richmond, VA based medical malpractice attorney Malcolm P. McConnell answers the question "what is medical malpractice?"

Doctors are human; they’re allowed to make mistakes

 

Bad things sometimes happen during medical care, it doesn’t mean that there’s been medical malpractice or that the doctor did anything wrong. And it’s not medical malpractice if another doctor would have done things differently from the way your doctor did them. Doctors sometimes reasonably disagree on what the best approach to a patient problem is.

The doctor does something unreasonable

It’s medical malpractice when a doctor does something unreasonable, something no reasonable physician would have done under the circumstances.…

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