{"id":7898,"date":"2019-08-07T15:37:48","date_gmt":"2019-08-07T19:37:48","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/medi-teddys-to-the-rescue\/"},"modified":"2019-08-07T15:37:48","modified_gmt":"2019-08-07T19:37:48","slug":"medi-teddys-to-the-rescue","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/medi-teddys-to-the-rescue\/","title":{"rendered":"Medi Teddys to the Rescue"},"content":{"rendered":"<p>A young girl struggling with a rare autoimmune disorder had a unique idea to make the <a href=\"\/practice-areas\/medical-malpractice\/\">medical process<\/a> easier for child patients, their families, and their caregivers.<\/p>\n<p>When she was seven years old, doctors diagnosed Ella Casano, who is now 12, with Idiopathic Thrombocytopenia Purpura.<\/p>\n<p>ITP causes the patient\u2019s body to attack its own blood platelets, so the patient is at a much higher risk for severe bleeding and bacterial infection.<\/p>\n<p>Ella\u2019s treatment regimen includes intensive IV infusions about once every two months.<\/p>\n<p>The amount of medicine was intimidating, so the creative girl \u201ccut up a stuffed animal and used a hot glue gun and made her very first Medi Teddy,\u201d according to her mother.<\/p>\n<p>Ella\u2019s nurses say her invention will help ease children\u2019s fears, making their illnesses easier to diagnose and treat.<\/p>\n<p>Ella and her mother researched business plans and intend to file legal paperwork.<\/p>\n<p>Once the Medi Teddy business is up and running, Ella plans to give the bears to other child patients for <a href=\"https:\/\/www.cnn.com\/2019\/06\/13\/health\/iv-teddy-bear-medi-teddy-trnd\/index.html\" target=\"_blank\" rel=\"noopener\">free<\/a>.<\/p>\n<h2><strong>Medical Misdiagnosis Among Children<\/strong><\/h2>\n<p>ITP is very hard to diagnose, largely because it has no signature symptoms and can strike anyone at any age.<\/p>\n<p>Misdiagnosis is very high in general. In fact, about <a href=\"https:\/\/www.washingtonpost.com\/national\/health-science\/20-percent-of-patients-with-serious-conditions-are-first-misdiagnosed-study-says\/2017\/04\/03\/e386982a-189f-11e7-9887-1a5314b56a08_story.html\" target=\"_blank\" rel=\"noopener\">a fifth<\/a> of physician diagnoses are inaccurate.<\/p>\n<p>In high school, an 80 is well above average.<\/p>\n<p>But in the doctor-patient context, 80 percent is a failing grade.<\/p>\n<p>That\u2019s because doctors have a very high duty when it comes to patient care.<\/p>\n<p>That higher duty makes it easier to prove negligence and obtain damages, as outlined below.<\/p>\n<p>Lack of information may be the root of the misdiagnosis problem.<\/p>\n<p>On average, doctors listen to patients for about <a href=\"https:\/\/www.forbes.com\/sites\/brucelee\/2018\/07\/22\/how-long-you-can-talk-before-your-doctor-interrupts-you\/\" target=\"_blank\" rel=\"noopener\">eleven seconds<\/a> before they interrupt them.<\/p>\n<p>During such brief interaction, it\u2019s impossible for doctors to learn any meaningful new information about the patient\u2019s symptoms.<\/p>\n<p>Instead, many doctors simply go with their guts.<\/p>\n<p>Compounding the issue, many doctors do not order a full range of diagnostic tests.<\/p>\n<p>They are afraid the insurance company will refuse to pay for them.<\/p>\n<p>As a result, the information is even more limited. In other situations, doctors over-delegate.<\/p>\n<p>They instruct nurses or technicians to interpret the results, and these professionals may not have the requisite skills to do so.<\/p>\n<p>Cancer is one of the most commonly misdiagnosed conditions, particularly among children.<\/p>\n<p>When a child complains of weakness, lethargy, pain, and other generalized symptoms, most doctors do not think of cancer.<\/p>\n<p>For most physicians, cancer is a genetic or lifestyle disease. In their minds, nonsmokers do not get lung cancer, men do not get breast cancer, and children do not get any kind of cancer.<\/p>\n<p>As a result, the disease spreads and quickly becomes unmanageable.<\/p>\n<p>Cancer survival rates have improved significantly since the 1990s, but that improvement relies on a prompt and accurate diagnosis.<\/p>\n<h2><strong>Your Claim for Damages<\/strong><\/h2>\n<p>Medical misdiagnosis almost always is medical malpractice, which is a lack of ordinary care.<\/p>\n<p>If that lack of care substantially caused injury, the tortfeasor (negligent actor) may be liable for damages.<\/p>\n<p>In this situation, the doctor may not be the only responsible party.<\/p>\n<p>The clinic, hospital, or other organization which employed the doctor, or gave the doctor a place to work, may be responsible as well.<\/p>\n<p>The<em> respondeat superior<\/em> doctrine applies if the tortfeasor:<\/p>\n<ul>\n<li>Was an employee<\/li>\n<li>Who was acting in the course and scope of employment at the time.<\/li>\n<\/ul>\n<p>New York law defines both these elements in broad, victim-friendly ways.<\/p>\n<p>For example, any act which benefits the employer in any way is usually within the scope of employment.<\/p>\n<p>Damages in medical malpractice claims usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n<p>Additional punitive damages are available as well, in many of these cases.<\/p>\n<p>Under New York law, jurors may award punitive damages if there is clear and convincing evidence that the tortfeasor intentionally disregarded a known risk or acted extremely recklessly.<\/p>\n<p>Given the high standard of care discussed above, this showing is relatively easy to make in medical malpractice claims.<\/p>\n<p>Chances are, you or someone you know has been the victim of misdiagnosis.<\/p>\n<p>For a free consultation with an <a href=\"\/contact-us\/\">experienced personal injury attorney in New York<\/a>, contact Napoli Shkolnik, .<\/p>\n<p>Home and hospital visits are available.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A young girl struggling with a rare autoimmune disorder had a unique idea to make the medical process easier for child patients, their families, and their caregivers. When she was&#8230;<\/p>\n","protected":false},"author":3,"featured_media":7899,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[780],"tags":[943,953],"class_list":["post-7898","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-medical-malpractice","tag-child-injuries","tag-medical-malpractice"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/7898","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=7898"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/7898\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/7899"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=7898"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=7898"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=7898"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}