Surgical Checklist Could Reduce the Need for Medical Malpractice Lawyers

I came across this report that only confirms what Georgia medical malpractice lawyers have known all along – that simple basic steps are, in a majority of cases,  all that’s needed to prevent surgical and medical errors.

An international study covering a number of countries, both in the developing as well as developed world, probed the link between following a checklist of safety measures - much like the one you would tick off to make sure that your car was fine tuned and ready to go just before you set off on a cross country ride – and a corresponding effect on patient safety. The results were mind-blowing. Following a pre-defined safety checklist before and after a surgery, cut post-surgery death rates by almost half, and dramatically reduced the number of surgical errors that are caused in operating rooms around the world every day.

 

The checklist was developed by the World Health Organization, and includes at least a few steps that are also included in American hospital operating rooms. It includes basic steps that are often missed in an operating room, like making sure that the patient has no allergies, clearly marking the part to be operated on, ensuring that all X-rays and scans that are necessary during the procedure are in the operating room, and that all staff members know their roles during the procedure.

 

The results of following the checklist were monitored in a diverse range of eight cities from New Delhi to Seattle.   The results of using the checklist were clear to see - after the new procedures were followed, death rates after surgery fell by almost half. There was also a major drop in the number of complications that arose after surgery.

 

Already many countries are moving to have the checklist made mandatory in their operating rooms. The Joint Commission has said that it will consider making most of the measures on the checklist mandatory in surgical theaters.

 

Medical malpractice lawyers often get a bad reputation for rising insurance rates, doctor's defensive treatment of illnesses etc., etc.  however, as this study has revealed, these lawsuits are filed because some care falls below the standard of care while performing a surgical or medical procedure (not exercising reasonable care under the circumstances), leaving patients with serious and potentially life threatening conditions.  Marking spots to be operated, checking thoroughly to make sure that all sponges, scalpels and needles are accounted for after surgery are not high tech measures that are difficult to follow.  Simple steps can protect a patient's life and prevent serious complications and reduce the need to hire an experienced Atlanta medical malpractice attorney.

SB 449 Landowners Protection Act of 2008

Since the inception of this country, and before, basic common law premises liability requires property owners, who charge money for visitors to come onto their land, to act with ‘reasonable care’ for another’s safety. If the landowner should act carelessly or negligently, they are liable in money damages for injuries caused by their carelessness.


The Georgia Senate’s recent passage of a bill giving agritourism broad immunity from civil liability demonstrates the power of special interests in Georgia. Senate Bill 449, the Landowners Protection Act of 2008, exempts agritourism businesses —- petting zoos, pick-your-own orchards, hunting preserves, farm/vacation sites —- from the standards of liability that govern all other businesses. Under current law, business owners can be held liable for injuries on their property if they fail to exercise reasonable care. Promoted by Gov. Sonny Perdue, SB 449 erases current liability standards and says that agritourism owners can only be held liable if they are wanton and willful —- a boon to the insurance policy writers who cover farms.

"This is a solution looking for a problem," said state Sen. David Adelman (D-Atlanta). "There hasn't been a single case that I know of where agritourism has been threatened by lawsuits. The current Georgia law with regard to farms and agritourism requires them to exercise ordinary care and take care of their facilities the way any other business does."

Republicans also worry about the impact of the bill. "If I knock on a farmer's door and ask if I can fish off his dock, I don't expect the dock to be in good repair," said Sen. Dan Weber (R-Dunwoody). "But if I come with friends to fish as a result of advertising by that farmer, and pay, I expect that dock to be in good repair. If I am hunting and fishing free of charge, the farmer has immunity. If he charges me money and I get hurt as a result of his negligence, he should be liable."

This bill is bad for the citizens of Georgia. If this bill passes the House, that means that landowners can take your money and practically turn a blind eye to safety on their land. Outrageous does not begin to describe this back door attempt by insurance interests further line their pockets at the expense of Georgia citizens.

There was an excellent article discussing the problems with SB 449 in the Atlanta Journal Constitution.