Category: Medical and Dental Malpractice

Medical Errors Are Third Leading Cause of Death in the U.S.

Medical errors are the third leading cause of death in the United States according to a recent study. After cancer and heart disease, medical errors kill Americans more than anything else.  There are at least 251,454 deaths due to medical mistakes annually in the United States.  Deaths at home or at nursing homes were not counted in the study, thus, the actual number of deaths caused by medical errors is much higher.  The study was performed by researchers at Johns Hopkins University.  The report was published in the British Medical Journal.

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Sabatini and Asociates Retained in Misdiagnosis Medical Malpractice Case

Sabatini and Associates has been retained to investigate a medical malpractice case.  The case involves misdiagnosis.  The misdiagnosis resulted in needless suffering and loss of function.  When the error was finally corrected, the client was rushed to emergency surgery.  Due to the delay in diagnosis and proper medical treatment, the client’s prognosis is significantly worse than what it would have been had the diagnostic error not been committed.

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Attorney James Sabatini Prevails Before The Connecticut Supreme Court

Attorney James Sabatini has prevailed before the Connecticut Supreme Court in the case entitled Shortell v. Cavanagh.  The case involved injuries suffered by a client during a dental procedure.  The injuries involve significant nerve damage.  A complaint was filed against the dentist and the complaint alleged failure to obtain informed consent. Defendant moved to dismiss the case on the grounds that a written opinion letter from a similar health care provider was not attached to the complaint.  Attorney Sabatini objected to the motion on the grounds that the statute (C.G.S. Sec. 52-190a) requiring a written opinion letter to be attached to medical malpractice lawsuits does not apply to informed consent claims.  The trial court granted the motion to dismiss.  Attorney Sabatini appealed and the Connecticut Supreme Court agreed with Attorney Sabatini’s legal position.  The Court held that 52-190a does not apply to a claim of lack of informed consent. The statute only applies to medical negligence claims and medical negligence claims as that term is used in 52-190a only pertain to claims where the standard of care and deviations from the standard of care are established and judged by an expert standard.  Informed consent claims are judged by a lay standard.

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Connecticut Considering Tougher Reporting On Medical Errors

Connecticut lawmakers are considering a bill that would require state health officials to report annually on “adverse” events at hospitals and conduct random audits to determine hospitals’ compliance with reporting requirements.  Currently, only five states require specific disclosure of adverse events.  The public benefit of disclosure would be better accountability, more information to patients when choosing their doctors, and a reduction of medical errors.  Here is a map that displays the disclosure laws for each state. 

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Attorney James Sabatini Obtains Dental Malpractice Settlement

Attorney James Sabatini recently obtained a settlement for his client in a dental malpractice case.  The amount of the settlement is confidential.  The case involved multiple tooth extractions.  During the extractions, a communication was created between the mouth and the maxillary sinus.  Such a communication or hole is a known risk of extractions of upper teeth.  The communication went undiagnosed for an unreasonable period of time.  Since it went undiagnosed, no treatment was provided and the client suffered chronic sinusitis and other injuries.  The case settled shortly before trial.

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