• If an unexpected tragedy occurs to someone during surgery, how is it possible to learn what happened?
• Do doctors and hospitals ever really coverup mistakes?

Q: If an unexpected tragedy occurs to someone during surgery, how is it possible to learn what happened?

A: In an ideal world, the medical professionals involved would tell the truth about a death or other serious unexpected event during surgery. Unfortunately, little information is usually revealed if surgical or anesthesiological negligence caused the harm. Often the only way to learn whether a medical tragedy was unavoidable or the result of poor medicine, is to have the records reviewed by an attorney experienced in medical malpractice cases. If the lawyer accepts your case for review, he will generally have the records reviewed by an expert - usually a forensic nurse or physician in the appropriate specialty. When medical negligence has occurred, the story is usually told in the records - or suggested by the loss or destruction of records that should be in the patient's chart.

Q: Do doctors and hospitals ever really coverup mistakes?

A: The appalling truth is that coverups happen with distressing frequency. While altered records are relatively infrequent (alterations can often be discovered), “missing” vital records after a medical catastrophe are a real problem in some cases. If the key record is missing, for example, an anesthesia chart, or medication record, it may be difficult for the injured plaintiff to prove their case. While lost records may gain the plaintiff an instruction from the judge that the jury can draw negative inferences from their disappearance, that is no substitute for knowing what actually occurred. We need laws making deliberate destruction of medical records a felony. Perhaps one or two prosecutions would go a long way toward resolving the problem.