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At Van Dorn & Curtiss, we are dedicated to providing you with legal information regarding automobile accidents, medical malpractice, dangerous products, unsafe property conditions, dog attacks and industrial accidents.  We represent accident cases in Western New Hampshire and Eastern Vermont.
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Medical Malpractice

10/29/2009
Ed VanDorn
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Harmed by a Prescription Drug? | NH Medical Malpractice Attorneys

Recent lawsuits and large settlements have brought attention to the fact that millions of Americans are injured or killed each year by prescription drugs.  Medication mix-ups and incorrect dosing information cause patients to fall ill when they are supposed to getting better.  When medical mistakes hurt instead of heal we all must be more careful when picking up a prescription.

We have compiled two fact sheets on prescription drug mistakes.  One covers the most common prescription errors and the other can help you avoid mistakes at the pharmacy.  What each boils down to is one simple fact: You must be vigilant when filling your prescriptions.

Though we would like to think that each medication we receive is the right drug with the correct dosing this is not always the case.  Therefore be sure that you ask your doctor to tell you what the medicine looks like, what the proper dose is and what you should expect when taking the medication.  DO NOT LEAVE the pharmacy without opening the package and checking your doctor's information with the label and with the medication itself.  If you have ANY questions or concerns ask the pharmacist and your doctor before taking the medication

We hope that this information will help you avoid a prescription error.  At Van Dorn & Curtiss we have seen too many people injured by the negligent actions of a doctor, nurse or pharmacist.  If you have been harmed please contact your NH medical malpractice attorneys today for your free consultation.



8/24/2009
Robin C. Curtiss
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Medical Malpractice Epidemic Persists Even as Compensation to Victims Decreases Part III

Part III


Despite the hysteria surrounding debates over medical malpractice litigation, experts have repeatedly concluded that several times as many patients suffer avoidable injuries as those who sue. The best known such finding was included in the Institute of Medicine's (IOM) seminal 1999 study, "To Err Is Human," which concluded that between 44,000 and 98,000 Americans die every year because of avoidable medical errors. Fewer than 15,000 people (including those with non-fatal outcomes) received compensation for medical malpractice that year, and in 2008, the number receiving compensation fell to just over 11,000.

There is no evidence that errors are any less rampant today. Most of the IOM's safety recommendations have been ignored. Meanwhile, various safety indicators continue to raise alarms. For example, the Joint Commission, which accredits hospitals, learned about 116 occasions in which surgeons operated on the wrong part of a patient's body in 2008 and 71 times in which foreign objects were left inside patients' bodies. Health experts call these "never events," meaning that they simply should not happen at all.

Proposals to limit patients' legal rights have sprung up in the debate over health reform. The most popular idea this year is to establish special tribunals that would theoretically offer payments to more patients but in smaller amounts. Policy makers who wish to cut costs should steer clear of these proposals, Arkush said. The high volume of medical errors and the current infrequency of payments to victims ensure that proposals to increase the number of payments would inevitably cost far more than the current system.

The only economically feasible and, indeed, humane way to improve the system is to reduce the number of senseless and tragic medical errors in our hospitals. In its report, Public Citizen calls on Congress to put safety measures in place that would set the nation on course to meet the IOM's goal of cutting the number of avoidable deaths in half in five years.



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8/21/2009
Robin C. Curtiss
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Medical Malpractice Epidemic Persists Even as Compensation to Victims Decreases Part II

For Part I click here

The cost of the medical malpractice liability system - if measured broadly by adding all malpractice insurance premiums - fell to less than 0.6 percent of the $2.1 trillion in total national health care costs in 2006, the most recent year for which the necessary data to make such comparisons are available. The cost of actual malpractice payments fell to 0.18 percent - one-fifth of 1 percent - of all health care costs in 2006. Annual malpractice payments have subsequently fallen from $3.9 billion in 2006 to $3.6 billion in 2008, but comparative data on total health care costs are not available.

"Any way you measure it, medical liability accounts for less than 1 percent of the country's health care costs, and the vast majority of victims receive no compensation whatsoever," said David Arkush, director of Public Citizen's Congress Watch division. "These are people who died or were left with serious permanent injuries - out of work, with enormous medical costs for the rest of their lives - and they and their families are getting nothing from the doctors and hospitals responsible."

The relatively small amount paid out for medical malpractice generally goes to patients with the most serious injuries. More than 80 percent of the money paid out for medical malpractice in 2008 was for cases involving "significant permanent injuries"; "major permanent injuries"; injuries resulting in quadriplegia, brain damage or the need for permanent care; or death, according to NPDB reporting.

to be continued. . .


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8/20/2009
Robin C. Curtiss
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Medical Malpractice Epidemic Persists Even as Compensation to Victims Decreases

WASHINGTON, D.C. - Medical malpractice payments were at or near record lows in 2008, but the decline almost certainly indicates that a lower percentage of injured patients received compensation, not that health safety has improved, Public Citizen reported in a study released today.

Medical malpractice is so common, and litigation over it so rare, that between three and seven Americans die from medical errors for every one who receives a payment for any malpractice claim, Public Citizen's analysis of medical malpractice payment data and the best available patient safety estimates indicate.

For the third straight year, 2008 saw the lowest number of medical malpractice payments since the federal government's National Practitioner Data Bank began tracking such data in 1990. The 11,037 payments in 2008 were 30.7 percent lower than the average number of payments recorded by the NPDB in all previous years. Ratios of payments per capita and per physician have fallen even lower compared to historical norms. There were 13.5 payments per million physicians in 2006 (the most recent year for which the number of physicians is available), which is 29.2 percent lower than the average in previous years. The value of payments in 2008 (as distinct from the number of payments) was the lowest or second lowest on record, depending on the method used to adjust for inflation.

- to be continued


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5/22/2009
Robin C. Curtiss
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Vermont Acts to Make Drug Makers’ Gifts Public

Legislators in Vermont just passed a bill that would make it illegal for pharmaceutical
companies to give “meals, gifts, and other relationships” to doctors in exchange for
brand loyalty. An article in the New York Times states, “the new law would let Vermonters
learn each year which doctors have been paid, and how much, by the makers of brand-name
drugs from which they wrote prescriptions.”

Meant to discourage the influence of marketing efforts on doctors, the bill asserts,
that the company’s drug is used more often than a competitor’s even when evidence indicates
that another drug would be more beneficial, less expensive and safer.

The top 100 recipients received on average $17,700 each but that only counted 17% of the
gifts because the other 83% was hidden from public view by a trade secret exemption in
state law. Some doctors received over $100,000 dollars in gifts. How could that not
influence their practice?

When you are ill and must see a doctor, it is a team effort between your medical
professionals and yourself. If something doesn’t sound right to you, speak up, ask
questions, and get clarification. It is your right to understand what the doctor is
prescribing to you whether it is a drug or a course of action. Mistakes can lead to
wrongful death.

If you want aggressive and expert pursuit of your medical malpractice claim and full
recovery of all damages you are owed due to the negligence of a doctor or healthcare
professional, call Van Dorn & Curtiss  at 1-866-632-8980 for a consultation. Trust the
lawyers other lawyers trust, and call Van Dorn & Curtiss today.


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3/16/2009
Ed VanDorn
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Common Medical Malpractice Cases | New Hampshire

Medical mistakes happen in every part of the country and in every type of medical facility.  Despite a dedication to helping, not hurting, doctors, nurses, lab techs, pharmacists and other staff members can and do make mistakes.  Even the most modern hospital is not immune to serious, even deadly medical errors.  

Some of the more common errors include:
  • medication mistakes
  • medication mix-ups
  • wrong diagnosis
  • surgery errors
  • infections caught in the hospital
  • lab testing errors
Over 15 million people are injured by medical mistakes each year.  In addition, more than 50,000 people die at the hands of medical professionals.  New Hampshire is not immune to medical negligence.  Medical mistakes are one of top ten killers in the state. 

If you have been injured and believe that a medical error is to blame, you need a lawyer who has a winning record.  The attorneys at Van Dorn & Curtiss have the medical malpractice experience you need when you have been seriously injured. 

1/12/2009
Ed VanDorn
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Does The Medical System Really Make Life Threatening Mistakes?

When people employed in the medical industry learn that I represent victims of medical malpractice against hospitals, doctors and other medical providers I  often get a cold reception. With the medical professionals willing to talk with me about (yes I do have friends and colleagues in the medical profession and they do talk to me) they candidly admit that mistakes are made in hospitals, clinics and doctor's offices that often cause serious injury and sometimes death. For the most part they also agree that the  victims of these mistakes should have  legal recourse and should receive reasonable compensation for their losses.

Sometimes the mistakes are on an individual level and sometimes they are big and very dangerous mistakes that threaten the safety and wellbeing of large numbers of people. One of the big mistakes was made recently in one of the nation's biggest medical laboratories, Quest Diagnostics in the testing of vitamin levels in blood samples. To read about it see the January 7, 2008 NY Times article.  Mistakes like these have the potential of causing serious problems. False results may lead to patient's changing or eliminating important supplements they are required to take to maintain good health. False results could even lead to toxic overdoses.

Does the medical industry make mistakes? You bet it does. Our legal system of medical malpractice law is  necessary and vital to redress those mistakes asking only that the persons or corporations responsible for making them should be made to pay the costs of the mistakes. Otherwise the entire burden of medical mistakes would be thrust on the victim. This is unwise and unfair and contrary to our tried and true system of American justice. To learn more about medical malpractice and our law firm's experience in this area of the law visit the Medical Malpractice Section of This Website.



1/8/2009
Ed VanDorn
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One Million Dollar Settlement in Medical Malpractice Claim Against VA Hospital

We are pleased to announce the recent settlement of a major medical malpractice case in our office. Our client Bill N. a disabled veteran suffered from a chronic debilitating skin disease known as hydradenitis suppurativa. For many years he was treated at the Veteran’s Administration Hospital in White River Junction Vermont yet they could not control or cure the problem. At one point he was hospitalized for over a year. The treating doctor’s admitted they weren’t helping him but nevertheless they would not refer him to a specialist outside the VA system. So he continued to deteriorate. Finally,  he saw a doctor at Brigham Women’s Hospital in Boston who was shocked that the VA did not give him better treatment. As a result Bill sought legal counsel and his local lawyer referred him to us, here at Van Dorn & Curtiss. After speaking with the doctor in Boston who said that if Bill had been treated by a specialist there was a lot that could have been done to help him that the VA didn’t do. We decided to represent Bill and filed the law suit on his behalf.

 

The Vermont US Attorney’s Office  represented the VA and despite the fact that the attorneys there had no experience with medical malpractice law they adamantly denied that the VA was liable forcing the case into a long drawn out litigation. Finally before the case went to trial the VA settled for $1,000,0000 which was the maximum authority the Vermont US Attorney had for settling the case. Click here to see our Case Results article on this settlement.

 



12/2/2008
Ed VanDorn
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Medical Errors Caused by Doctor Behavior

In today's NY Times there is an article concerning doctor's behavior and medical errors that can lead to medical malpractice. There are some astonishing stories in the article, but unfortunately they are all too familiar to attorneys who regularly represent victims of medical negligence. The headline of the article refers to physician behavior that can be both arrogant and abusive. Physician behavior is blamed for low morale and high turnover among hospital staff. Most importantly poor behavior and attitudes of doctors often lead to medical mistakes causing serious harm and sometimes even death to patients.

The most troubling aspect of all of this is that outside of bringing a medical malpractice suit there is little that can be done. Unlike attorneys, doctors and physicians do not have ethical boards that can receive complaints of improper behavior of doctors. Some states have medical boards but they are often understaffed and underfunded and can do little about the underlying problem. Unfortunately medical malpractice law suits are often too expensive to pursue even though the wrong doing of the doctor is obvious but the harm caused does not rise to the level of bringing a law suit that may cost hundreds of thousands of dollars in expenses before a jury ever sees the case.

We are grateful to the NY Times for running this article and are hopeful that more public scrutiny may cause the medical profession to improve its ability to police itself and get rid of those doctors who should not be practicing medicine.



11/17/2008
Ed VanDorn
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Woman Dies While Awaiting Treatment

Today on CNN there was shocking footage of a woman who died at hospital at Brooklyn New York while awaiting treatment.  Surveillance footage shows the woman lying on the floor of the emergency-room while hospital staff and doctors walked by, apparently ignoring her dire need for care.  Sadly, nobody noticed her or offered help for nearly an hour.  By the time she received medical attention she had already passed.  Several hospital staff members were fired because of their neglect and abuse. 

Though the facts of this situation were particularly shocking, medical errors happen.  If you or a loved has been a victim of medical negligence, you should consider consulting an experience attorney to discuss your claim.

 



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