Posted by: euser
January 30, 2009
Topic: Medical Malpractice

Unnecessary injuries to patients in a hospital setting may result from medical residents who are obtaining needed and valuable training, but who lack experience, are inadequately supervised or may be overly fatigued from not having adequate rest periods. This can result in errors in judgment, errors in diagnosis and treatment errors leading to injury and death to patients.

Recently a panel of experts at the Institute of Medicine recommended that medical and surgical residents in hospitals should work no more than 16 hours without having a mandatory 5-hour sleep break. They further recommended that they should get at least one full day off per week and at least two back-to-back days off each month. It does seem rather odd that there are federal restrictions on the amount of time that truck drivers can be on the road without rest, but no comparable regulations for limiting the amount of time that medicine and surgical residents can work and treat patients in life or death circumstances without rest, often leaving them in a fatigued position. Studies have shown that a fatigued person can have their judgment and capabilities affected the same as a person who is under the influence of drugs or alcohol. This can result in diagnosing or other errors causing injury or death to the patient.

This same panel also recommended greater supervision of doctors in residencies, and that these supervisions should be by persons who are present and in-house, and not just persons who are available by telephone. Too often an inexperienced resident does not have the counsel and supervision of an experienced physician and malpractice causing patient harm can occur. Christian & Davis welcomes innovations in medicine which will reduce medical errors and harm to the patients. This will serve not only to improve the health of the patient, but will also reduce medical costs. In the meantime, Christian & Davis stands ready to review medical malpractice cases for persons who have suffered serious injuries at the hands of the medical profession.

Web Resources

Legal links:

• Christian & Davis, LLC's main website
• South Carolina Bar Association
• American Association for Justice
• South Carolina Trial Lawyers Association
• Findlaw
• Lawyers.com

Consumer and workers info links:

• Workcompcentral.com
• Home Safety Council
• People Over Profits Grassroots Action Center

Governmental links:

• South Carolina Judicial Department
• United States Judicial Department
• South Carolina Legislature
• Food and Drug Administration
• Occupational Safety and Health Administration
• U.S. Consumer Products Safety Commission

Nursing Home links:

• South Carolina LTC Ombudsman
• National Citizens' Coalition for Nursing Home Reform
• Member of the Family - Nursing Home Quality Trends & Staffing

Medical Resources:

• Lectric Law Library Lawcopedia's: Medical Malpractice
• New England Journal of Medicine
• Agency for Quality Health Care and Research
• Anatomy of the Human Body
• Workers Compensation Agencies
• National Library of Medicine
• Physician Profiles - Healthcare Choices
• AMA - Physician Sheet Health Grade
• Hospital Report Cards
• Merck Manual of Diagnosis & Therapy
• Merck Manual of Medical Information
• National Health Law Program HealthTouch
• Prescription Drug Information MedExplorer
• Medical Dictionaries