Indiana Medical Malpractice Lawyer Blog

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. frequently handle cases arising from a failure to report abnormal laboratory results. Breakdowns in communications between the lab, the treating physician and the patient lead to untreated conditions and, ultimately, serious injury.

The problem of lack of follow-up on abnormal laboratory results is well recognized in the medical literature. Often, abnormal test results are missed when a patient is discharged from a hospital while laboratory results are still pending. Because the patient has left the hospital when the abnormal test results are returned, the results are not forwarded from the hospital to the patient or the patient's treating physician.

These failures of communication can and should be addressed by hospitals and healthcare providers. Where healthcare providers have taken action, these types of errors have been virtually eliminated. For instance, in 1992 Congress passed the Mammography Quality Standards Act. Among other requirements, the Act required mammography facilities to send written reports detailing the results of mammograms to both the referring physician and the patient within 30 days of a mammogram examination. Studies undertaken since passage of the Act have shown that the requirements have resulted in more timely notification of results and greater patient satisfaction.

Hosptial and healthcare providers should have procedures in place that assure that their patients (and their patients' treating physicians) receive the test results they need to assure patient safety. A patient should not suffer injury simply because she or her treating physician have not been advised of lab abnormalities.

The Indiana medical malpractice lawyers at Garau Germano Hanley& Pennington, P.C., frequently handle cases involving the misdiagnosis of patients with abdominal pain. Abdominal pain can be caused by a myraid of conditions; some relatively benign, others life-threatening. When doctors or other health care providers fail to take adequate steps to ascertain the cause of a patient's abdominal pain, the results can be tragic.

Among the more serious conditions which may be signaled by abdominal pain are ischemic bowel, abdominal aortic aneurysm, appendicitis, acute diverticulitis, and bowel obstruction or perforation. All of these conditions can cause serious harm or death if not promptly treated. It is imperative that doctors and other health care providers take the necessary steps to rule out these serious conditions.

A thorough history and physical examination are typically the first steps in evaluating the patient with abdominal pain. The history should reveal the time of onset of the pain, duration, location, intensity, and any associated symptoms such as vomiting or diarrhea. The physical exam should include an assessment of the patient's appearance, position and degree of discomfort; assessment of the patient's vital signs; inspection of the abdomen, including listening for bowel sounds; and palpation of the abdomen to assess for tenderness.

Patients with abdominal pain are frequently x-rayed, particularly in the emergency department. However, studies have shown x-rays to be of limited use in the diagnosis of the cause of abdominal pain. CT scans are the diagnostic test of choice for most serious conditions which present with abdominal pain as a chief complaint.

An incorrect or delayed diagnosis of a patient with abdominal pain can result in a tragic outcome. An experienced medical malpractice lawyer can assist you in evaluating whether an erroneous diagnosis was the result of medical malpractice.

The Indiana medical malpractice attorneys at Garau Germano Hanley & Pennington, P.C. recently received a $2.5 million verdict in a trial in Terre Haute, Indiana.

The medical malpractice verdict was reached by the jury on February 25, 2011 in the case of Jeffrey Wayne Davis v. John Morse, M.D. The case involved a failure to diagnose colon cancer in a 35-year old patient who reported complaints of rectal bleeding to his gastroenterologist. Rectal bleeding is one of the major warning signs of colon cancer. Because the gastroenterologist chose not to perform a colonoscopy or sigmoidoscopy, the patient's colon cancer went undiagnosed for more than two years. By the time the disease was finally diagnosed, it had spread to the patient's liver and was incurable.

The case was tried by Jerry Garau and Deborah Pennington of Garau Germano Hanley & Pennington, P.C. The verdict will be reduced to $1.25 million pursuant to damage limits imposed by Indiana's Medical Malpractice Act.

The concept of differential diagnosis is often at the heart of Indiana medical malpractice trials. A differential diagnosis is the process used by doctors to determine the cause of a patient's symptoms. The doctor creates a list of the conditions that could be causing the patient's problems, and then pares down the list through a process of elimination until a diagnosis is determined.

A differential diagnosis is frequently employed in the setting of patients presenting to the emergency room with acute abdominal pain. Patients with acute abdominal pain account for 5 to 10% of all emergency room visits in the United States. The list of potential causes of acute abdominal pain is huge and ranges from relatively minor conditions (constipation) to potentially life-threatening conditions (aortic aneurysm).

Problems arise when doctors assume the patient's symptoms are being caused by a minor condition without ruling out a potentially deadly condition. For example, patients with acute appendicitis are sometimes discharged from hospital emergency rooms with a diagnosis of gastroenteritis, or stomach flu. Such a patient may go on to have his appendix rupture, leading to prolonged hospitalization or even death.

If you or a loved on has been injured as a result of a doctor's failure to properly employ a differential diagnosis, an experienced Indiana medical malpractice lawyer may be able to help.

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. remind everyone that October is Breast Cancer Awareness Month. One in every 8 women will have invasive breast cancer during her lifetime. The cause of breast cancer is not fully understood. A number of risk factors are associated with an increased risk for breast cancer including female gender, increasing age, genetic changes (BRCA1 and BRCA2), and personal or family history of breast cancer. Hormone therapy, diet and lifestyle choices may also have some association with increasing the risk for breast cancer.

Earlier diagnosis and better treatment have decreased the number of breast cancer related deaths. The earlier a breast cancer is found, the more treatable it is. Tumor size and whether the cancer has spread are the most important indicators for the patient's survival. For this reason, the American Cancer Society has established screening recommendations for the early diagnosis of breast cancer--before a woman has symptoms:

1. Women over age 40 should have a screening mammogram every year.

2. Women in their 20's and 30's should have a physician breast exam at least every three years. After age 40, women should have a physician breast exam every year.

3. Women at special risk may need earlier or extra screening and should look to their physician for advice. For example, in women at high risk or women with very dense breasts a screening MRI is recommended in addition to the mammogram.

Additionally the American Cancer Society recommends that women start monthly breast self exams at age 20.

Whether you are male or female, if you find a new lump or mass in your breast, it is important to have it checked out by your physician. A new breast lump is the most common presenting sign of breast cancer.

Unacceptable delay in the diagnosis and treatment of breast cancer can occur on account of malpractice. If you or a loved one has been injured as a result of a delayed diagnosis of breast cancer, contact the Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. for a free consultation.

Heart disease is the leading cause of death for both men and women in the United States. Unfortunately, many of these deaths are the result of doctors failing to promptly diagnose and treat patients experiencing a heart attack.

A study in the prestigious New England Journal of Medicine looked at 10,000 patients who went to their hospital Emergency Departments with chest pain or other heart attack symptoms. The study found that one of every 50 people who had suffered a heart attack was misdiagnosed and discharged from the hospital to home. Younger women experiencing heart attacks were especially likely to be misdiagnosed. Women younger than 55 were seven times more likely to be misdiagnosed than men of the same age. The consequences of these misdiagnoses were huge. Patients sent away from the hospital were twice as likely to die.

The reasons for misdiagnoses vary. Frequently, patients with heart attacks do not present with the "classic" symptoms. This is often the case with women experiencing a heart attack.

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. have represented numerous Indiana patients who have been injured as a result of the misdiagnosis or delayed treatment of a heart attack. If you or a loved one needs legal representation with such a case, please feel free to contact us.

    Indiana doctors' errors in the diagnosis of appendicitis can lead to severe injury or death.  Appendicitis is the most common cause of emergency surgery for children.  Unfortunately, appendicitis is also one of the conditions in children most commonly misdiagnosed by doctors.

    The classic signs of acute appendicitis are anorexia, periumbilical pain followed by right lower quadrant pain, fever, and vomiting.  However, all of these signs are present in less than 60% of patients who present with appendicitis. Child patients, in particular, rarely present with the classic signs.  Because patients with appendicitis can present with widely varying signs and symptoms, physicians must be suspicious of appendicitis in any patient who presents with abdominal pain or discomfort. 

   Failure to diagnose and treat appendicitis early can lead to perforation of the appendix, an event which can be especially catastrophic for the child patient.  When perforation occurs, bacteria is released into the abdominal cavity which can cause peritonitis and, eventually, death. 

   The Indianapolis medical malpractice law firm of Garau Germano Hanley & Pennington, P.C., has substantial experience handling cases involving misdiagnosis of appendicitis and other conditions.  If you or a loved one has been injured as a result of medical malpractice, please contact us for a free evaluation of your claim.