When Treatments and Care Fail the Elderly

There are many theories and controversies over the definition of what “futile” or unnecessary care is. A study whose results are on JAMA Internal Medicine has shown that physicians commonly agree that futile care could be perceived to be, “intensive care interventions that prolong life without achieving an effect that the patient can appreciate as a benefit.”  This study also revealed some shocking facts about the amount of care that is considered to be futile. In the study, researchers gathered a group of 36 critical care specialists who assessed 1,136 patients. The physicians were surveyed daily during a 3 month trial. The study revealed shocking results that involve the high rate of unnecessary care in end-of-life treatments and its overall cost to the patients. 

Of these 1,136 patients, 123 patients were observed as receiving futile treatment, and another 11 patients were perceived as receiving futile treatment only on the day they transitioned to end-life-care care. This also equals out to be 1 in every 10 patients in critical care who receive unnecessary treatments. The cost of the unnecessary treatments were estimated to be $2.6 million dollars. 

Unnecessary care was further determined as when treatment outweighed the benefits such as when death is imminent, if there was no rate of survival outside of the ICU, and or if patients were permanently unconscious.

Medical experts commented that unnecessary treatments often occur because there may be miscommunication between patients, their families, and the doctors and staff giving treatment.

Generally, you cannot sue for futile care. However, the attorneys at Malman Law do encourage patients, residents and their families to ask what treatments are being given and what the health benefits are, if any. Patients and their families who are given medical treatment have the right to know this information. 

The attorneys at Malman Law understand that high medical bills can become a burden and weigh heavily on families. If you or a loved one do find yourselves in a position that you feel that you were mistreated or if treatment caused further damage, call our office today for legal advice. The Law Offices of Steven J. Malman & Associates, P.C have settled millions of dollars of cases regarding nursing home abuse and neglect and medical malpractice. Malman Law is an Illinois personal injury law firm that has an experienced team of attorneys. We also concentrate in cases such as vehicle accidents, falls, workers’ compensation, and construction accidents. We are available 24 hours a day and 7 days a week. Call our firm today for a risk free consultation and legal advice.