Medical malpractice is defined as an act by a health care provider in which the treatment provided falls below the accepted standard of care in the medical community. Because of the substandard care, the patient is injured.
And this includes incidents where surgeons leave behind objects in a patient during surgery.
It is estimated that there are 4,000 cases in the United States every year of “retained surgical items.” About 2/3 of these items are sponges. Other items left behind include clamps, scalpels and even scissors.
Some hospitals use manual counting where the medical team counts and then recounts the items used in the procedure to make sure they are all accounted for.
A few hospitals have implemented electronic tracking systems using bar code technology. At the end of the surgery, a detector alerts the surgical team if any sponges remain inside the patient. However, only about 1% of hospitals are currently using this method.
Here is a recent NY Times article on this topic:
This video was highly recommended. It is geared toward parents involved in a custody battle. Essentially it shows the inner turmoil of a child caught in the crossfire of a parental conflict.
It is a little dark. But I suppose that’s the point.
The reviews are mixed.
It stirs heavy emotions in some parents. Others don’t like or don’t get it.
Watch it here.
Conflictbemiddeling Forum • Toon onderwerp – Tears (5 min)
Readers in Fairfield may have heard about a recent car accident in Woodbury that injured seven people. According to authorities, a car travelling south lost control on Flanders road, hit an embankment and ended up on the wrong side of the road. This caused a head-on collision with another approaching car. Seven people were injured in this car accident.
Fire fighters, officials from public works and four ambulances arrived at the scene. The injured people were sent to area hospitals for treatment. Although none of the injuries were life threatening, the victims suffered lacerations, abrasions and broken bones. Authorities are currently investigating.
If someone is involved in a road accident, they should be aware they can file a compensation claim.
If injured, an individual needs to take several steps so his or her claim may be processed successfully. After the initial report is made to the police, it is important for the individuals involved in the crash to not discuss the matter with the other vehicle’s occupants. This is because anything a person says may be used as evidence against them later in court. It is also important for those in an accident to note details and take photos, if they are able. Additionally, basic contact details and insurance information of the other driver should be obtained.
Some injuries may seem minor initially after an accident, but the victim should still receive immediate medical treatment and give all details of any pain or obvious injuries to the doctor. What may seem like a minor injury not worthy of treatment at the scene of a crash can quickly grow into a more serious injury if not treated appropriately.
Compensation from the liable driver may not eliminate the memories of the accident and any injuries, but it can help the injured recover any losses they suffered.
Source: WTNH.com, “Seven hospitalized after Woodbury crash,” Sept. 29, 2012.
I recently wrote a blog about whether DCF is allowed to interview a child without a parent or guardian’s consent.
This blog assumes grounds exist so that DCF is legally permitted to interview a child during an Investigation.
How then should that interview with the child be conducted?
C.G.S. 17a-101h states:
DCF shall conduct the interview in the presence of a disinterested adult unless immediate access is necessary to protect the child from imminent risk of physical harm and a disinterested adult is not available after reasonable search.
Let’s break that down.
1. The interview has to be conducted by a DCF Social Worker with a disinterested adult there. That means someone not part of the Investigation. DCF will usually bring another DCF employee to the interview. This does NOT satisfy the requirement since DCF, as the investigating agency, is clearly not disinterested!
2. An exception exists. If child is in need of immediate protection of physical harm AND a disinterested adult cannot be located after reasonable search then an interview can be still conducted. What constitutes immediate protection and reasonable search are fact driven. Unfortunately, many DCF Investigators have an overly broad definition of immediate protection. Furthermore, most make little or no effort to perform any search, much less a reasonable one.
The time may come when a Juvenile Court finally excludes a child’s statement based on the manner in which DCF conducted an interview.
In addition, (and notwithstanding that DCF has some immunity), there may be a case so egregious that civil liability is imposed against DCF.
Questions about DCF interviewing a child? Please contact me.
DCF is allowed to interview a child during an Investigation with the parent or guardian’s consent. That’s easy.
The real question is whether DCF is allowed to interview a child without the consent of the parent or guardian.
The controlling statute is C.G.S. 17a-101h. It can be fairly summarized as follows:
General rule: Consent of the parent or guardian is required to interview a child.
Exception: If DCF has reason to believe that the parent or guardian is the perpetrator of the alleged abuse then consent is not required.
Note that DCF must be investigating abuse – claims of neglect are insufficient to warrant a non-consensual interview of a child. This is a vital distinction that DCF routinely fails to respect.
Maybe it is ignorance.
Or maybe DCF Social Workers are simply relying on the DCF Policy Manual, which regrettably misses the law on this one.
Section 34-6 of the DCF Policy Manual incredibly expands the exception to include non-consensual interviews of children in all cases of abuse AND neglect.
That’s right – DCF disregards the controlling law.
And their definition creates an unacceptable standard. If we follow DCF’s logic, there is essentially no exception since virtually every case DCF investigates involves either allegations of abuse or neglect.
The end result is that DCF often impermissibly interviews children.
The statute trumps the Policy Manual. The statute in unambiguous. So – how can DCF possibly reconcile their Policy Manual with the actual law on this point??
Please contact me if you have questions about DCF Investigations.
Been following the Webster Bank/McMahon dispute?
McMahon claims that her opponent, Chris Murphy, received a sweetheart deal from Webster Bank because of his political connections. Murphy then voted in support of a federal bank bailout that ultimately benefited Webster.
Webster for its part has vehemently denied McMahon’s accusations.
Can Webster sue McMahon?
Yes – but it would be difficult to prevail.
The cause of action would be a very specific type of defamation: trade libel or commercial disparagement.
The general elements of such a claim are:
- The statement is false;
- The publisher (person making the statement) intends to cause financial loss or reasonably should know that the statement would result in financial loss; and
- The statement causes financial loss.
The last prong would be very challenging to establish. How has Webster suffered financial loss? Would they be able to show that McMahon’s statements caused a decline in profits? The number of mortgage applications? Decreased revenue? All of this would have to be directly related to the McMahon claim.
Very tough.
Below is a recent Connecticut Post article on the topic.
I am quoted on page 2. Shameless self-promotion for sure.
Webster Bank demands McMahon retract claims – Connecticut Post