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Snyder & Wenner

Arizona’s Premier
Medical Malpractice Law Firm

602-224-0005

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Snyder & Wenner

Medical Malpractice Increases on Surgeons’ Birthdays

snyder-wenner · Jan 11, 2021 ·

Have you ever wondered if there is a certain time when medical malpractice is more likely? Have you even wondered if a surgeon’s personal life will interfere with the outcome of your surgical procedure? If those thoughts have crossed your mind, you are not alone. A recent study looked at the mortality rate for patients who underwent emergency surgical procedures on the surgeon’s birthday. Researchers examined nearly 1 million surgical procedures performed by almost 50,000 surgeons. They concluded that a patient undergoing an emergency procedure on the surgeon’s birthday experienced higher mortality rates than patients whose surgical procedures were performed on other days. The researchers believe the results of their study suggest life events outside of work may distract surgeons.

Unfortunately, in an emergency situation, you don’t always have the luxury of choosing the doctor you want or trust. Depending on how quickly you need emergency surgery, you may be stuck with whomever the surgeon is at the hospital. Much like a distracted driver, distracted surgeons are more likely to make mistakes that injure people. In those situations, the injury or death may have been preventable. When a patient’s life rests in the surgeon’s hands, he or she owes you a duty to perform their job as a reasonable, prudent surgeon. This is true regardless of what is happening in the surgeon’s life. That means putting aside the distractions and focusing on saving the patient. If a distraction occurs in the operating room and a patient is injured or killed by the negligence of the surgeon, you or your loved ones may have a case against the doctor and the hospital. Call the experienced medical malpractice lawyers of Snyder & Wenner now at 602-224-0005 for a free consultation.

 

Pharmacist Charged With Spoiling COVID Vaccine

snyder-wenner · Jan 4, 2021 ·

A Milwaukee pharmacist recently made national news by deliberately spoiling more than 550 doses of Moderna’s COVID-19 vaccine. He admitted to the police that he intentionally removed the vaccine from cold storage knowing those doses would be ruined. In a sinister twist, nearly 60 patients received spoiled doses. The pharmacist told the police that he knew those patients would believe they had been vaccinated against the virus when in fact they were not.

Pharmacists, like medical doctors and other healthcare providers, must act as a reasonable, prudent pharmacist in treating patients. This is known as the standard of care. The Milwaukee pharmacist did not act as a reasonable, prudent pharmacist. He fell below the standard of by spoiling hundreds of vaccine doses and administering spoiled doses to patients who thought they were receiving an effective vaccine against the virus.

In Arizona, a healthcare provider commits medical battery when the provider acts with willful disregard for the patient’s consent to a procedure. What does that mean? If the healthcare provider informs you of the risks and benefits of a procedure, but performs a different procedure that you did not consent to, that is medical batter. If you were injured as a result, you may be entitled to bring a medical malpractice case against the provider. If you or a loved one were injured as a result of medical malpractice or medical battery, contact the experienced medical malpractice lawyers at Snyder & Wenner today for a free consultation. Call now at 602-224-0005.

 

Tucson Medical Malpractice – Fertility Fraud

snyder-wenner · Dec 14, 2020 ·

A Tucson fertility doctor, James Blute III, was recently sued by former patients who claim that Dr. Blute used his own sperm to inseminate women instead of anonymous donor sperm that the patients paid for. The plaintiffs found through a DNA test that the daughter was in fact Dr. Blute’s biological daughter, a finding that shocked the family. The Tucson medical malpractice lawsuit against Dr. Blute also includes allegations of fraud and sexual battery.

In an investigative report done by News 4 Tucson, they report that approximately 30 to 40 similar cases are pending nationwide that involve hundreds of victims similar to Dr. Blute’s patients. The report also highlights a sobering reality that only five states around the country have laws that make it a criminal act to inseminate patients with the doctor’s own sperm. Such an act is called “Fertility Fraud.”

Thankfully, an Arizona legislator is currently working on proposed legislation to make Fertility Fraud a crime in Arizona.

Much like other types of sexual abuse, medical sexual battery often goes under-reported. Doctors hold a position of power in the doctor-patient relationship and patients often do what their doctor tells them to do, trusting that it is the right thing to do for them. When doctors sexually assault patients, they must be held accountable.

If you or a loved one has been sexually assaulted by a medical provider in Tucson or has been a victim of Tucson medical malpractice, don’t wait to contact the experienced lawyers at Snyder & Wenner who are ready and able to represent you.

What Is The Deadline To File A Medical Malpractice Lawsuit in Arizona?

snyder-wenner · Dec 7, 2020 ·

Generally speaking, there is a 2 year statute of limitations to file a medical malpractice lawsuit from the time the injured person knew or should have known of the facts that would put a reasonable person on notice to investigate a claim. There are several exceptions, though. This blog will provide some information about the deadline and how it applies.

Statute of Limitations For Children

One of the most important exceptions to the general rule is when a child is injured by medical malpractice. The statute of limitations for a minor (under the age of 18) does not start to run until the child reaches the age of 18. When the child turns 18, he or she has 2 years from their birthday to file suit.  This exception does not apply, though, if the medical malpractice lawsuit is for the death of the child. In that situation, the parent or guardian still must comply with the 2-year statute of limitations.

If a child’s parent dies as a result of medical malpractice, the child has 2 years from the date of his or her 18th birthday to file a lawsuit.

Statute of Limitations For Adults

If an adult is the injured person, he or she must bring the lawsuit within 2 years of the date of the incident (or within 2 years of when a reasonable person would have been put on notice to investigate). This is true whether you are the victim of the medical malpractice, or whether you are the spouse, parent, or child of the victim. As long as you are an adult, the two year deadline applies.

Medical Malpractice Cases Against the Government

Another important exception to the general rule is when the medical malpractice lawsuit is against the state, a state government agency, or a state/county hospital and/or employee. In Arizona, if your claim is against a state run hospital, a state employee, or a state agency, you only have 180 days to file a notice of claim from when you knew or reasonably should have known that medical malpractice occurred. This applies to both adults and children. However, for children, the 180 days starts on their 18th birthday. This deadline is crucially important, as it can often take several months just to get the medical records from a doctor and/or hospital.

What Can Happen If I Miss The Deadline?

Failure to abide by these statutes of limitation may mean you will never be able to recover any money from the doctor or healthcare provider that harmed you. That’s why it is important to hire an experienced medical malpractice lawyer who can make sure your case is filed to comply with the correct statute of limitation for your case. The experienced medical malpractice lawyers at Snyder & Wenner are ready to represent you. Contact us here or call us now at 602-224-0005.

St. Joseph’s Medical Center Fined by DHHS

snyder-wenner · Nov 11, 2020 ·

This month, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced that St. Joseph’s Hospital and Medical Center (St. Joe’s) has agreed to pay a $160,000 fine and 2 years of monitoring for failing to provide a patient with his entire medical record for nearly 2 years.  The OCR determined that St. Joe’s committed a possible violation of HIPAA by failing to provide the entire medical record to the patient.  In addition to the fine, St. Joe’s provided the OCR with a 2-year corrective action plan to ensure proper compliance with HIPAA and grants 2 years of federal government monitoring over St. Joe’s to ensure compliance with the plan. OCR Director Roger Severino was quoted saying, “It shouldn’t take a federal investigation to secure access to patient medical records, but too often that’s what it takes when healthcare providers don’t take their HIPAA obligations seriously.”

A recent JAMA medical journal article found that many healthcare providers, not just St. Joe’s, are failing to follow the HIPAA requirements to provide the patient’s entire medical record. This is a disturbing trend that hopefully will soon be reversed.

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Snyder & Wenner, P.C.

8800 N. Gainey Center Drive, Suite 265 Scottsdale, AZ 85258

2200 E Camelback Rd #213
Phoenix, AZ 85016

5151 E. Broadway Blvd, Suite 1600,
Tucson, AZ 85711

3260 N Hayden Rd Suite #210-485, Scottsdale, AZ 85251

Call: 602-224-0005
Fax: 602-381-8997

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