Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process.

And precisely because doctors’ offices, hospitals, and other health service providers handle so much personal information, they can be the target of attacks by cybercriminals. These attacks have been on the rise, and businesses of all kinds need to take steps to protect themselves and their clients and respond appropriately when a breach occurs.

A recent reminder came when a New Jersey company was hit with a class action suit after a data breach occurred in which patients’ personal data was exposed online, leaving them vulnerable to identity theft.

The class action suit

The company in question is Capital Health Systems, which owns hospitals in Trenton and Hopewell, New Jersey. It announced on November 29th that its data network had been targeted in a cyberattack, according to a suit filed on behalf of a putative class of individuals by the law firm Kopelowitz Ostrow Ferguson Weiselberg Gilbert.

While Capital Health Systems allegedly failed to notify its patients of the data breach, some have already experienced repercussions. The only person named in the suit is a longstanding patient who has undergone treatments and surgeries at Capital Health Systems facilities and claims to have suffered losses due to the breach.

The plaintiff and class representative claim to have experienced “damage and diminution in the value of private information, a form of property that Capital Health acquired from him; violation of privacy rights; and present, imminent and impending injury arising from the increased risk of identity theft and fraud.”

This case is still being tried, and the outcome isn’t yet known, but it points to a serious liability for this company. CHS could be on the line for significant penalties and legal fees, which should concern all healthcare providers who handle sensitive patient information.

How does a data breach at a hospital take a toll on patients?

According to the suit, “Cyber-criminals can cross-reference two sources of PHI [Personal Health Information] to marry unregulated data available elsewhere to criminally stolen data with an astonishingly complete scope and degree of accuracy to assemble complete dossiers on individuals. These dossiers are known as ‘Fullz’ packages.”

Because of this vulnerability, when hospitals are hacked into by cybercriminals, class action lawsuits often result, according to Law.com.

The loss of PHI can be highly detrimental to individuals. These types of information can be broad, including but not limited to:

• Billing information
• Emails to your provider’s office about a prescription
• Appointment scheduling confirmation with your doctor’s office
• A CT scan results
• Blood test results
• Phone records

Therefore, businesses, including healthcare providers, are responsible for guarding it from exposure, loss, and misuse. It’s always recommended that these facilities follow data security best practices and have a comprehensive plan to respond to cyber threats, including regular data security audits.

If a data breach occurs, companies must take swift action and engage legal counsel that can help them respond wisely to guard against lawsuits and other undesirable outcomes.

Representation is the key

Having a business attorney on your side is a proactive measure to mitigate damage after a data breach. Talking to an attorney in advance helps to avoid missteps like those of Capital Health, which didn’t immediately inform its clients of the breach.

At Stark & Stark, our knowledgeable and compassionate lawyers have a proven record of representing New Jersey Clients in wide-ranging civil and criminal lawsuits.

Contact us today to schedule a consultation.

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Doctors spend years learning to identify and treat virtually every ailment on Earth, but you might wonder what happens when they make a mistake. In some cases—like when a doctor mistakes a case of gastroenteritis for the flu—a misdiagnosis might have minimal impacts beyond inconvenience and discomfort.

In other cases, however, misdiagnoses can have tragic consequences, and in the United States, missed or incorrect diagnoses are a bigger problem than you may realize.

What is a medical misdiagnosis?

A medical misdiagnosis occurs when a physician or other healthcare professional incorrectly interprets an illness or disease, diagnoses it late, or misses it altogether. In some cases, a misdiagnosis is a form of malpractice.

For example, a patient may walk into an urgent care facility complaining of dizziness and severe nausea. The patient doesn’t know that what they have is pneumonia, but because their dizziness and nausea are symptoms that can be associated with many other health conditions, the doctor on duty may misdiagnose the patient.

What can happen following a misdiagnosis?

It’s impossible to know exactly how many people receive misdiagnoses each year, and if a doctor misdiagnoses a minor health condition, both them and the patient may never know the diagnosis was incorrect at all.

However, if a doctor overlooks or misdiagnoses a severe health condition, the results can be catastrophic. A new study published in the British Medical Journal has found that approximately 371,000 people die as a result of medical misdiagnosis each year in the United States. About 424,000 suffer a permanent disability. In total, that is roughly 800,000 people who suffer serious harm as a result of medical misdiagnosis each year.

That harm devastates individuals and their families, of course, but it also has a massive economic burden. A missed or delayed diagnosis of a severe health condition like a stroke can add tens of thousands of dollars to the cost of a patient’s care. When you consider just how many people die or suffer a permanent disability from a misdiagnosis, the magnitude of such costs becomes clear.

What causes a medical misdiagnosis?

Identifying what causes medical misdiagnoses, sometimes referred to as diagnostic errors, can be a step towards reducing their rates in the U.S. healthcare system. Some common causes of medical misdiagnoses are:

1. Miscommunication communication: lack of clear communication (such as a patient incorrectly recalling symptoms or a doctor failing to understand) can lead to misdiagnosis.
2. Inexperience or overconfidence by healthcare providers: healthcare providers without sufficient training in a particular area may misdiagnose a medical concern. This doesn’t just happen with new healthcare providers; even those with years of experience can come across situations they are not appropriately trained to handle. Similarly, they may overestimate their knowledge and overlook or disregard symptoms.
3. Faulty equipment: while healthcare equipment has become incredibly advanced, it requires skilled healthcare providers to yield the necessary information or results. Additionally, when equipment does not function as intended, it can provide incorrect information, leading to misdiagnosis.
4. Fragmentation of care: Healthcare can be complex, and patients often see several healthcare providers. But when care is spread out across numerous professionals, essential information may not get communicated.

Steps to take if you feel you’ve received a medical misdiagnosis

Feeling concerned about your diagnosis can be frightening and overwhelming. However, it’s important to advocate for yourself. By taking a proactive approach, you can pursue correct medical care and fight for any compensation you may be owed for pain and suffering.

If you feel you’ve received an incorrect diagnosis, take the following steps:

1. Gather all your medical records
2. Request a second opinion or consult a specialist
3. Follow up on testing options
4. Consider seeing legal advice

Have you been misdiagnosed?

Medical misdiagnoses are one of most common forms of medical malpractice leading to death or disability. If you or a loved one suffered the fallout of a missed or incorrect diagnosis, you may be entitled to compensation.

No amount of money can undo the harms you’ve suffered, of course, but it can help you maintain financial security while you’re undergoing treatment, grieving the loss of a loved one, or adjusting to life with a significant disability. At Stark & Stark, our experienced attorneys are ready to fight for you. Reach out to us for a consultation today.

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A recent article has brought to light the concerns of the Pennsylvania Patient Safety Authority (PSA), which stated that it received reports of 169 “serious events” involving neonatal care in 2022, which is twice as many as occurred in 2018.

Of the 169 events, at least 15 involved babies who died, according to Regina Hoffman, the executive director of the PSA.

Unfortunately, the agency has been unable to gather information from hospitals to analyze the incidents and take steps to prevent them, which is ringing alarm bells for new and expecting parents.

Why are PA hospitals refusing to provide this information?

This issue illustrates challenges in regulatory and statutory guidance. Patients and patient safety groups understandably want answers so that they can make informed decisions about their healthcare, but hospitals have not been forthcoming about the data on serious events involving newborns.

Pennsylvania law requires hospitals to file reports about such outcomes to regulatory authorities. These reports are allowed to be confidential, providing protection against litigation or disciplinary actions. Additional legal requirements at federal and state levels also require hospitals to analyze “mistakes and unexpected outcomes” with the goal of improving safety measures—but they must follow regulatory guidelines to receive legal protection.

However, according to the Hospital and Health Systems Association of Pennsylvania, disclosing data to the patient safety authority could jeopardize these protections.

What this means for new and expecting parents

With the PSA unable to analyze critical information that could inform its efforts to prevent infant injuries and deaths, it’s essential that concerned parents do everything possible to evaluate the safety of any hospital they’re considering.

When making a decision about your neonatal care provider, follow these steps to ensure you’re in a safe environment for your child:

Research the hospital

Gather information about the reputation and track record of the hospital you’re planning to go to. You can do this with online resources like hospital rating websites, which often provide information about any safety concerns or problematic events.

Review hospital policies

You can and should inquire about your hospital’s policies and protocols on newborn care and safety and ask questions about staff training, infection control measures, and specialized neonatal care units.

Talk to your healthcare providers

You can get a sense of a hospital’s commitment to patient safety by engaging in conversations with hospital staff, such as doctors and nurses. You can also use these conversations to inquire about the hospital’s approach to preventing medical mistakes and how they deal with issues that may arise during childbirth.

Visit the facility

If possible, visit the facility before your delivery to get a sense of the environment and the facilities that are available so that you can assess the overall atmosphere and the cleanliness of the hospital.

Find a recommended hospital

Talk with friends or family who have given birth in hospitals in your area and ask them about their experiences there. Consider looking to online forums, social media groups, and in-person events or social occasions. Seeking out the advice of people you know and trust can provide more insight and peace of mind than reading about it online.

Concerned there may have been safety and healthcare violations at your hospital?

If you’re concerned that there may have been safety and healthcare violations at your hospital, follow these steps to help you move forward:

• Write down any incidents or things you noticed. Include names of staff, dates, and any details that can support your claim.
• File a complaint with the Pennsylvania Department of Health and provide them with the information you have gathered and any evidence you have.
• Consult with a medical malpractice attorney if you feel that any safety violations you may have experienced meet the level of medical malpractice. An experienced attorney can assess the merits of your case and guide you through the legal process.

Has your family suffered due to medical malpractice? The experienced attorneys at Stark & Stark can help.

The team at Stark & Stark has years of experience representing clients in Pennsylvania who have suffered because of medical malpractice. We can guide you through your legal options and help you pursue the justice you deserve.

Contact us today to schedule a consultation.

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