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Archive for February, 2012
Wednesday, February 29th, 2012
A man went to a local New Jersey hospital’s emergency room to be examined and treated for chest pains and shortness of breath that he feared might be serious. He was seen in the emergency room by a doctor who diagnosed the man as having a virus. The emergency room doctor discharged the man to home without even offering him a prescription.
That night, the man’s condition worsened to the point that he thought that he was dying. He quickly wrote and signed his own will, naming his best friend as the executor of his estate. Early the next morning, the man lost consciousness and collapsed. His girlfriend called 911 but by the time the man arrived at the emergency department, he had died. It was determined that the man suffered a pulmonary embolism that lodged in the main artery of his lung, causing his death.
What Is Pulmonary Embolism?
Pulmonary embolism (“PE”) is a sudden blockage in a lung artery. The most common source of the blockage is a blood clot that traveled from a deep vein in a leg to the lungs, often due to deep vein thrombosis that involves the formation of blood clots in deep veins (most often in the deep veins of the legs). PE can cause death if the blood clot is large enough or if there are multiple clots. PE can also cause lung damage due to the lack of blood flow to part of the lung, which may result in a serious medical condition known as pulmonary hypertension (increased pressure in the pulmonary arteries). PE can also result in reduced blood oxygenation that can lead to damage to various organs in the body.
PE and deep vein thrombosis affect between 300,000 and 600,000 people in the United States each year. About 30% of people with PE die if not treated promptly. Prompt diagnosis and treatment of PE is essential in order to prevent complications or death from PE.
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How Is Pulmonary Embolism Diagnosed?
Blood clots in deep veins may be diagnosed using ultrasound before they can travel to the lungs and cause PE. CT scans may be used to look for blood clots in the legs or lungs. A VQ scan (a lung ventilation/profusion scan that uses radioisotopes that shows both air flow and blood flow through the lungs) can help determine blood oxygenation to the lungs. In some cases, pulmonary angiography may be performed (pulmonary angiography involves inserting a catheter through the groin or arm into the lungs during which a dye is injected and x-rays taken to determine blood flow through the lungs).
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How Is Pulmonary Embolism Treated?
Blood thinners (anticoagulants) such as heparin and/or warfarin may be used to make it more difficult for blood to clot (anticoagulants do not break up clots that have already formed; most blood clots are dissolved over time). In emergency situations, thrombolytics may be given to patients that quickly dissolve large blood clots although thrombolytics can be dangerous because they can cause sudden bleeding. A catheter may be inserted to either remove the blood clot or to deliver drugs directly to the area of the blood clot to dissolve the blood clot.
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What Are Some Of The Symptoms Of Possible Pulmonary Embolism?
Some of the more common signs and symptoms of possible PE include unexplained shortness of breath, problems breathing, chest pain, coughing, or coughing up blood.
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In the New Jersey man’s case, the man complained of shortness of breath and chest pain while he was in the emergency room (two of the signs and symptoms of PE). Nonetheless, the medical malpractice defendants argued that the man did not have PE until the next morning, shortly before he died.
The medical malpractice jury evidently did not believe the defense because it awarded the man’s estate $1,065,000 on January 31, 2012, after three weeks of trial.
Source
If you were the victim of medical malpractice in New Jersey or in any other state in the United States, you may be entitled to compensation if you incurred medical expenses, sustained other economic losses, and/or suffered noneconomic damages such as pain and suffering, mental anguish, disfigurement, etc.
The advice of medical malpractice attorneys may help you determine if you were the victim of medical negligence and if you can file a medical malpractice claim for your injuries and losses.
Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to investigate your possible medical malpractice claim for you and bring a medical malpractice case on your behalf, if appropriate.
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Tags: deep vein thrombosis, emergency room error, emergency room malpractice, emergency room mistake, emergency room negligence, hospital error, hospital malpractice, hospital mistake, hospital negligence, malpractice, medical malpractice, medical malpractice attorneys, medical malpractice lawyers, medical negligence, misdiagnosis of pulmonary embolism, New Jersey medical malpractice, New Jersey medical malpractice attorney, New Jersey medical malpractice case, New Jersey medical malpractice claim, New Jersey medical malpractice lawyers, pulmonary embolism
Posted in Client Updates, Hospital Medical Malpractice, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Lawyers, Medical Malpractice Verdict, Medical Malpractice Victim, Medical Misdiagnosis, Medical Negligence, Medical News, New Jersey Medical Malpractice, Wrongful Death | No Comments »
Tuesday, February 28th, 2012
Nearly 4.5 hospital acquired infections occur for every 100 hospital admissions in the United States each year, costing the healthcare system between $5.7 billion and $6.8 billion per year (2007). Hospital acquired infections range from mild infections to life-threatening or life-ending infections. Most hospital acquired infections are preventable.
There are many variables that affect hospital acquired infections, including certain diseases and their treatment such as cancer, diabetes, and heart disease that cause patients to be at greater risk for infections and limit their immune systems ability to fight infections; medical treatments such as chemotherapy that suppresses the immune system; implantation of medical devices and the use of intravenous lines that may provide a route for bacteria and microorganisms to enter the body; and, the long term or repeated use of antibiotics that may result in infections that are more difficult to treat. Other important factors regarding the risk of someone getting an infection include prior health history, age, a history of smoking, and obesity.
Hospital acquired infections are among the leading causes of preventable death in the United States. They effect 1 in 20 hospitalized patients and account for 1.7 million infections and 99,000 deaths (in 2002).
Earlier this month, the Massachusetts Department of Public Health issued its report entitled Health Care Associated Infections In Massachusetts Acute Care Hospitals, covering the period from July 1, 2009 to June 30, 2011. There were 72 acute care hospitals in Massachusetts during the covered period.
Massachusetts required its acute care hospitals to report hospital acquired infections beginning in 2008. During the reporting period (July 1, 2009 to June 30, 2011), there were 464 central line (venous catheter) associated bloodstream infections reported (265 in Fiscal Year 2010 and 199 in Fiscal Year 2011). During the same period, surgical site infections in Massachusetts decreased across the board except for vaginal hysterectomies, which increased by nine percent. Nationwide, there are between 12,000 and 28,000 central line infections in intensive care units each year, adding $16,555 to health care costs per episode.
In 2007, hospital acquired infections in Massachusetts cost the state between $200 million and $400 million (a 2009 report from the U.S. Centers for Disease Control and Prevention estimated that the direct costs for treating hospital acquired infections in the United States per year was between $35.7 billion and $45 billion). If hospitals adhere to certain practices, certain hospital acquired infections could be reduced by as much as 70%.
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Hospital acquired infections not only cost us billions of dollars per year in the United States, they also result in much unnecessary pain and suffering for the patients who acquire preventable infections while in hospitals and they cause much mental anguish for their families. Furthermore, if a patient’s hospital stay needs to be extended to treat a hospital-acquired infection, that patient may needlessly be exposed to the risk of additional hospital acquired infections. And necessary medical treatments for hospital acquired infections cause their own problems, which can further debilitate patients and increase the risk for permanent disability or death.
Some hospital acquired infections are due to negligence by hospital workers while others may not be due to medical malpractice.
If you or a loved one suffered from the consequences of a hospital acquired infection, you may be entitled to compensation for your pain and suffering and to reimbursement for your medical expenses and other costs, even if paid by Medicare or health insurance. Medical malpractice attorneys may be able to help answer your medical malpractice questions and help you determine if you have a valid claim for your hospital acquired infection.
Click here to visit our website to be connected with medical malpractice lawyers in your local area who may be able to investigate your possible medical malpractice claim for you and file a medical malpractice case on your behalf, if appropriate.
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Tags: hospital acquired infections, hospital associated infections, hospital infections, medical malpractice, medical malpractice attorneys, medical malpractice lawyers
Posted in Client Updates, Hospital Medical Malpractice, Lawyer Updates, Medical Malpractice Claims, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Malpractice Statistics, Medical News | No Comments »
Monday, February 27th, 2012
When a doctor or other medical provider commits medical malpractice and a medical malpractice claim is paid on his/her behalf, the medical malpractice payment is supposed to be officially reported and the appropriate disciplinary agency is supposed to investigate the medical malpractice claim and take the appropriate disciplinary action against the medical malpractice wrongdoer, in compliance with each state’s laws. Many states have medical boards that are charged with the task of investigating medical malpractice claims and settlements and taking appropriate disciplinary action in appropriate cases in order to “protect the public.”
A Case Study: Massachusetts
In the past ten years, a Massachusetts doctor who delivers babies has settled three medical malpractice claims made against him. Yet the Massachusetts Board of Registration in Medicine has not disciplined the doctor.
In a recent investigation of doctor discipline in Massachusetts in which records for more than 16,000 doctors in Massachusetts were reviewed (there are about 33,000 doctors in Massachusetts), it was found that 654 doctors had settled one or more medical malpractice claims against them. Yet only six of the 654 doctors have been disciplined by the Board.
The investigation also found that in the past ten years, 14 doctors had settled three or more medical practice claims against them and yet none of them had been disciplined. The claims settled against these 14 doctors included the alleged failure to diagnose breast cancer, permanent paralysis as a result of the failure to diagnose a spine fraction, and the death of a twin baby.
On average, the Massachusetts Board of Registration in Medicine disciplined 51 doctors per year since 2006.
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The Massachusetts Board of Registration in Medicine states as its Mission Statement on its website as follows (in part):
The overriding mission of the Board is to serve the public by striving to ensure that only qualified physicians are licensed to practice in the Commonwealth, to ensure that those physicians and health care institutions in which they practice provide to their patients a high standard of care, and to support an environment that maximizes the high quality of health care in Massachusetts.
The Board investigates complaints, holds hearings and determines sanctions. These functions are critical to protecting the public by ensuring that only competent physicians and acupuncturists are practicing in Massachusetts.
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While it is true that a settlement payment made as a result of a medical malpractice claim is not typically accompanied by an admission that the medical provider committed medical malpractice (that is, breached the applicable standard of care), it would appear to many people that “where there’s smoke, there’s fire” – that is, a payment would not be made if there was no evidence of medical malpractice having occurred.
It is hard to believe that of the 654 doctors who made a medical malpractice settlement payment (based on a sample of more than 16,000 doctors out of a total of 33,000 doctors in Massachusetts), none of them should have been disciplined by the Board.
If you or a loved one have been injured as a result of medical malpractice in Massachusetts or in any other state in the United States, then you may want to discuss your possible medical malpractice claim with a medical malpractice attorney.
Click here to visit our website to visit our website or telephone us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to investigate your possible medical malpractice claim and represent you in your medical malpractice case, if appropriate.
Turn to us when you don’t know where to turn.
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Tags: doctor complaints, doctor discipline, Massachusetts medical malpractice, Massachusetts medical malpractice attorneys, Massachusetts medical malpractice case, Massachusetts medical malpractice claims, Massachusetts medical malpractice lawyers, medical board, medical malpractice, medical malpractice attorneys, medical malpractice claims, medical malpractice lawyers, medical malpractice payments, medical malpractice settlements, medical malpractice statistics
Posted in Client Updates, Lawyer Updates, Massachusetts Medical Malpractice, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Malpractice Statistics, Medical News | No Comments »
Sunday, February 26th, 2012
Prescription painkillers such as methodone, oxycodone (brand name: OxyContin), and hydrocodone (brand name: Vicodin) are the most abused prescription drugs in the United States. The sale of prescription painkillers in the United States has more than tripled since 1999. Over 36,000 people died from drug overdoses in the United States in 2008, which included over 20,000 who died from prescription drug overdoses — just a few thousand short of the number of people who are killed each year in motor vehicle accidents. More people die from overdoses of prescription pain medications than from heroin and cocaine combined.
The overuse and misuse of painkillers in the United States is described as an epidemic by the Centers for Disease Control and Prevention. Some people engage in what has become known as “doctor shopping,” which entails obtaining prescriptions for the same pain medications from multiple doctors. Those people who doctor shop either abuse the drugs they obtain themselves and/or provide (sell) them to other people who abuse the drugs. The “street” price of certain pain medications are very high when compared to the price paid at the pharmacy, which adds to the incentive to doctor shop.
It is estimated that doctor shopping costs health insurance between $10,000 and $15,000 per abuser per year. The total overall costs of painkiller abuse may be greater than $70 billion per year.
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“Pill Mills”
Some unscrupulous doctors and clinics do not follow the guidelines and legal requirements when dispensing prescriptions for painkiller medications; some operate what have been described as “pill mills” where the drugs flow more freely than they should. Some states are known as being havens for pill mills, even to the extent that people from neighboring states organize bus trips to the pill mill states to obtain their prescription medications.
As a recent example, on February 14, 2012, an Illinois doctor was sentenced to four life sentences in prison by a federal judge for four drug overdose deaths of his patients. In addition, the doctor received prison sentences ranging from 10 to 20 years for 13 other drug-related offenses. The federal prosecutors alleged that the doctor dispensed more of the painkiller medication oxycodone between 2003 and 2005 than any other doctor in the United States. They also alleged that the doctor prescribed and dispensed millions of doses of diazepam, hydrocodone, oxycodone, alprazolam, and carisoprodol for cash payments at various locations in central and southern Ohio.
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If you or a family member dies from a drug overdose, does it really matter if the drug used was a legally prescribed painkiller or a illegal street drug? Is a drug death somehow more acceptable if it was caused by a legal painkiller as opposed to a drug such as heroin or cocaine? Does it matter if the drug used has a legitimate medical purpose (such as painkillers) or no redeeming legitimate use, such as heroin?
If you are unable to work or function and your family is destroyed by your abuse of legal painkillers or outlawed street drugs, does it matter which drug you abused? Is there any difference in the costs to society of drug addiction, drug abuse, and drug treatment if the drugs were prescribed and obtained from a pharmacy or were bought from a shadowy drug dealer in a back alley or in a crowded bar?
The bottom line: a drug addict is a drug addict whether hooked on legal painkillers or on illegal street drugs.
If you became addicted to painkillers or any other drugs prescribed by a medical provider, you may have a legitimate claim if the medical provider did not properly prescribe the drugs or did not properly monitor your use of the drugs or reaction to the drugs. Medical malpractice attorneys may be able to investigate your possible claim for you.
Visit our website by clicking here or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your local area who may be able to represent you and bring a medical malpractice claim on your behalf.
Turn to us when you don’t know where to turn.
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Tags: abuse of painkillers, doctor shopping, drug abuse, drug abuse costs, drug addiction, medical malpractice, medical malpractice attorneys, medical malpractice claim, medical malpractice lawyers, pill mills, prescription drug abuse, prescription medication abuse, prescription medication error, The Costs Of Prescription Drug Abuse
Posted in Client Updates, Lawyer Updates, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Malpractice Statistics, Medical News, Pharmaceutical Medical Malpracitce | No Comments »
Saturday, February 25th, 2012
An unmarried couple who had been together for 21 years and had an eighteen-year-old son together had to deal with a life-altering situation when the man’s kidneys were failing due to his diabetes and kidney dialysis wasn’t working well for him. Out of a sense of compassion and caring, the woman offered to donate one of her kidneys to the man to save his life. Repeated routine blood testing of the donor showed that she had hepatitis C, a serious and potentially life-threatening virus that can destroy the liver, that would have disqualified her as a kidney donor.
Nonetheless, the woman was not told that she had hepatitis C and the kidney transplant was performed. The transplantation itself went well. Afterwards, the man was diagnosed with hepatitis C. According to the medical malpractice lawsuit, the hospital tried to blame the woman for causing the man to contract hepatitis C and tried to cover up its mistake by asking the woman to keep the man’s hepatitis C diagnosis from him.
The medical treatment for the man’s hepatitis C can harm his new kidney and result in organ failure and death. The man and woman have filed two medical malpractice lawsuits against the hospital, the doctors involved with his kidney transplant, and other medical staff.
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Between 2007 and 2010, more than 200 cases of suspected (but unexpected) transmission of serious viruses as a result of transplanted organs were investigated by the Centers for Disease Control and Prevention.
In general, a kidney transplanted from a living donor is better than a kidney from a cadaver. There are nearly 17,000 kidney transplants performed in the United States each year, with almost 6,200 of the kidneys coming from living donors. There are more than 28,000 organs of all types that are transplanted in the United States each year, which falls way short of the 112,000 people who need organ transplants and the more than 6,500 people who die each year waiting for a donor organ to become available.
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Organ transplantation offers a better quality of life to organ recipients and an opportunity to live a longer life. Medical advancements have allowed organ transplantation to come a long way towards accomplishing both goals. But despite advances in transplantation techniques and organ rejection medications, we must still rely on the human factor in ensuring the best possible outcome from organ transplants.
Since organ transplants first became part of mainstream medicine, medical experts participating in transplant programs have known how important it is to ensure that the proper donor organs are transplanted into the proper organ recipients. It is generally accepted that the health history of the donor must be examined and medical tests performed to make sure that the organ donor is an appropriate candidate to donate an organ. Viruses such as hepatitis B, hepatitis C, and the virus that causes AIDS can reside in the blood and the organs of organ donors and it is imperative that the proper testing be done of the organ donor to minimize danger to the organ recipient; after all, medical ethics is ruled by the maxim expressed by the Latin phrase primum non nocere (“first, do no harm).”
If the allegation in the Pennsylvania medical malpractice case that the hospital should have known by the results of the woman’s blood tests that she had hepatitis C before she became a kidney donor for her long-time companion is true, then it would be an egregious violation of the the man’s rights and a clear breach of the standard of care (that is, medical malpractice) to have not advised the woman with regard to her hepatitis C status and to have transplanted her kidney into her companion, especially without advising the man of the situation.
We must put our faith and trust in the expertise and ethics of our health care providers in making appropriate medical decisions with regard to our medical care and treatment because they are the ones with the specialized knowledge and training that we lack in deciding our own fate. However, our medical providers are duty-bound to fully and properly advise us of our medical conditions and medical treatment options so that we may make an informed decision as to our medical treatment. If our medical providers hide from us information that a reasonable patient would want and expect to know about his or her condition or medical treatment, then the medical providers have breached their duty and may be held accountable for their actions.
When the actions or omissions of a medical provider may be the cause of serious injuries or even death, the services of a medical malpractice attorney may be essential in determining if medical malpractice has occurred.
Click here to visit our website to be connected with local medical malpractice lawyers in your state who may be able to assist you in investigating your possible medical malpractice claim and to represent you in your medical malpractice case, if appropriate.
Turn to us when you don’t know where to turn.
You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!
Tags: hospital malpractice, medical malpractice, medical malpractice attorneys, medical malpractice lawyers, organ transplant death, organ transplant injuries, organ transplant mistakes, organ transplant negligence, Pennsylvania malpractice, Pennsylvania medical malpractice, Pennsylvania medical malpractice attorneys, Pennsylvania medical malpractice claim, Pennsylvania medical malpractice lawyers, transplant malpractice, transplant medical malpractice
Posted in Client Updates, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Lawyers, Medical Malpractice Victim, Medical Misdiagnosis, Medical Negligence, Medical News, Medical Testing, Pennsylvania Medical Malpractice, Wrongful Death | No Comments »
Friday, February 24th, 2012
Two 19-year-olds were looking forward to the birth of their baby. In preparation for the birth of a healthy baby, the expectant mother began prenatal visits with a gynecologist when she was six weeks pregnant. The pregnancy appeared to be progressing without difficulties. A couple of months after her first prenatal visit, her gynecologist arranged for an ultrasound that did not detect any fetal abnormalities.
However, the following month the expectant mother arrived at the gynecologist’s office with complaints of spotting. The gynecologist’s examination determined that the fetal measurements indicated a fetus that was at 21 weeks even though the pregnancy was at 24 weeks.
The gynecologist sent the pregnant woman to a local hospital’s gynecology department for assessment of her spotting issue but failed to address the small size of the fetus or request an assessment of the possibility of intrauterine growth restriction that can lead to the death of the fetus, accordingly to the medical malpractice lawsuit. If ordered, a Doppler ultrasound test could have more precisely measured the fetus’ size and development as well as assess blood flow, which could have indicated if there was a problem at that point in the pregnancy.
During the next month, the pregnant woman visited her gynecologist on three occasions. The gynecologist determined that the fetus was at least three weeks smaller than it should have been at that time. Despite that suspicious finding, the gynecologist did not order additional testing, the gynecologist did not admit the woman into the hospital for inpatient testing, and the gynecologist did not seek medical consultation with specialists who may have been able to assess the fetal situation and timely and appropriate address the pregnancy issues.
When the woman returned to her gynecologist at 31 weeks, a Doppler ultrasound was performed that failed to detect a fetal heart beat. The death of the fetus was subsequently confirmed, which required the woman to undergo a cesarean section to remove the deceased fetus.
The parents-to-be brought a medical malpractice claim against the gynecologist for medical malpractice, claiming that the gynecologist breached the standard of care and that the breach of the required standard of care resulted in the death of the fetus. They also claimed that there was a lack of informed consent because the gynecologist never explained to them the risk of death to the fetus due to intrauterine growth restriction.
The medical malpractice defendants denied the plaintiffs’ medical malpractice allegations and vigorously defended their actions during trial . A Baltimore jury sided with the plaintiffs and awarded each of them $400,000 for their losses. The trial lasted one week, resulting in the jury’s verdict on February 3, 2012.
The caption of the case is Krenzer, et al. v. Duroseau, et al. (Circuit Court for Baltimore City, Case No.: 24-C-10006956).
If you or a loved one suffered from the consequences of medical malpractice, you may be entitled to compensation for your injuries and losses. The advice of medical malpractice attorneys may be helpful to you in investigating your possible medical malpractice claim and bringing a medical malpractice claim on your behalf, if appropriate.
Visit our website to be connected with medical malpractice lawyers in your state who may be willing and able to represent you in a medical malpractice case or call us toll free at 800-295-3959.
Turn to us when you don’t know where to turn.
You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!
Tags: Baltimore medical malpractice, birth injuries, birth malpractice, birth medical malpractice, Maryland malpractice lawyer, Maryland malpractice lawyers, Maryland medical malpractice, Maryland medical malpractice attorney, Maryland medical malpractice attorneys, Maryland medical malpractice cases, Maryland medical malpractice claim, Maryland medical malpractice law, Maryland medical malpractice lawyer, Maryland medical malpractice lawyers, Maryland Medical Malpractice Verdict For Pregnant Teens Who Lost Their Baby, medical malpractice attorneys, medical malpractice attorneys in Baltimore, medical malpractice attorneys in Maryland, medical malpractice lawsuits, medical malpractice lawyer in Maryland, medical malpractice lawyers, medical malpractice lawyers in Baltimore, medical malpractice lawyers in Maryland
Posted in Client Updates, Lawyer Updates, Maryland Medical Malpractice, Medical Malpractice Case, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Malpractice Verdict, Medical Malpractice Victim, Medical Negligence, Medical News, Wrongful Death | No Comments »
Thursday, February 23rd, 2012
The giant international pharmaceutical company Teva Pharmaceuticals (“Teva”) has agreed to pay $285 million to settle approximately 120 product liability lawsuits against it that include the claims of 150 former patients at a southern Nevada endoscopy center who supposedly contracted hepatitis C from the improper administration of Teva’s generic version of propofol. More than 60,000 patients at various Nevada endoscopy facilities may have been exposed to hepatitis C and other blood-borne diseases due to the improper injection practices of nurse anesthetists.
The claims against Teva alleged that it sold over-sized vials of Teva’s propofol to the endoscopy clinics knowing that the vials were being used for multiple patients that allowed the spread of hepatitis C and other blood-borne infections despite the markings on the vials that they be used for single-use only. Teva blamed the doctors and nurses who used the single-use only vials for multiple patients but Teva had lost previous trials involving similar allegations.
Teva, which had lost the first three trials against it that resulted in verdicts of almost $800 million in compensatory and punitive damages and was involved in its fourth trial at the time the settlement was announced, evidently determined that it was in its financial interest to settle the majority of the claims against it for the payment of $285 million.
Six weeks earlier, Teva settled the claims of 43 former clinic patients for an undisclosed sum. Other former patients had settled their claims last summer. There remains 15 open lawsuits against Teva at this time.
The doctor who ran the clinics and two of the clinics’ nurse anesthetists have been charged with felonies including criminal charges of racketeering, insurance fraud, and neglect of patients. The criminal trial had been delayed for months while the attorneys argued over whether the doctor, who had suffered strokes, was competent to stand trial. Earlier this month, the doctor was determined competent to stand trial and the criminal trial has been scheduled for mid-March, 2012.
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Hepatitis C is a serious and potentially deadly virus that recently overtook AIDS in the number of victims that it claims on a yearly basis in the United States (in 2007, there were 15,000 deaths due to hepatitis C compared to almost 13,000 deaths due to AIDS). Hepatitis C affects the liver and can result in liver cancer, liver cirrhosis, or liver failure, requiring a liver transplant. About 3.2 million Americans (170 million people worldwide) are living with chronic hepatitis C and more than half of them do not even know that they are infected. Baby boomers (those born in the United States between 1945 and 1965) may represent two-thirds of those living with hepatitis C, which may take decades to do its damage. Three-fourths of hepatitis C deaths are in the 45 to 64 year-old age group. One in 33 baby boomers may have hepatitis C and most are unaware that they are infected.
Federal health officials are considering whether all baby boomers should be tested for hepatitis C, which may result in saving 82,000 lives, especially since two remarkable drugs became available last summer that offer the possible cure for hepatitis C infections. Those new drugs are telaprevir (manufactured by Vertex Pharmaceuticals) and boceprevir (manufactured by Merck & Co.). When one of them is added to the standard treatment, the cure rate rises to as high as 75%. There are other drugs that offer even greater hope for hepatitis C patients that are being developed in the new-drug pipeline.
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If you have suffered injuries or losses as a result of a drug or medical malpractice, you owe it to yourself and your family to seek out the advice of a medical malpractice attorney to learn about your legal rights.
Click here to visit our website to be connected with local medical malpractice lawyers in your state who may be able to investigate your possible drug claim or medical malpractice case for you and file a claim on your behalf, if appropriate.
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Tags: boceprevir, drug claims, hepatitis C, hepatitis C claim, medical malpractice, medical malpractice attorneys, medical malpractice cases, medical malpractice claims, medical malpractice lawyers, Nevada medical malpractice, Nevada medical malpractice attorney, Nevada medical malpractice claim, Nevada medical malpractice lawyer, product laibility lawyers, product liability, product liability attorneys, product liability lawsuits, telaprevir, Teva Pharmaceuticals To Pay $285 Million To Settle Nevada Hepatitis C Claims, Teva Phramaceuticals
Posted in Client Updates, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Malpractice Settlement, Medical Malpractice Verdict, Medical Malpractice Victim, Medical Negligence, Medical News, Pharmaceutical Medical Malpracitce | No Comments »
Wednesday, February 22nd, 2012
When a 49-year-old man walked into a New York hospital’s emergency room in November, 2007, he complained to the emergency room physician of classic signs of an aortic aneurysm (an aneurysm is a balloon-like bulge in an artery caused by certain medical conditions, genetic conditions, or trauma that damage the wall of the artery. The aneurysm can enlarge and rupture or dissect (split), causing life-threatening internal bleeding. Most aneurysms occur in the main artery that carries oxygen-rich blood from the heart to the rest of the body, known as the aorta. Ruptures and dissection of aneurysms are often fatal. Source)
The emergency room physician, who was board-certified in obstetrics and gynecology at the time of the man’s visit to the emergency room, diagnosed a muscle strain but failed to diagnose the man’ s aortic aneurysm. An x-ray taken at the time of the emergency room visit evidently showed the aneurysm. The man was sent home, where he was found dead two days later by his 10-year-old son. An autopsy found the ruptured aortic aneurysm.
The emergency room physician, who worked for an outside group that contracted with the hospital to provide emergency department services, argued during the medical malpractice trial that the man’s aortic aneurysm was not present at the time he examined the man in the hospital emergency room.
The New York medical malpractice trial lasted one month. On February 15, 2012, the jury returned a verdict in favor of the man’s family and against the hospital and the emergency room physician in the amount of $3.4 million. The hospital has stated its intention to appeal the verdict.
Source
Hospital emergency rooms exist in our communities to provide emergency, acute care to patients who walk into the emergency room or arrive by ambulance. The timely and proper diagnosis of the medical conditions of the patients is critical in determining the proper care, whether that care is provided in the emergency room or as inpatient treatment in the hospital, or provided by another source outside of the emergency room at a later date (such as primary care physicians).
If the patient’s medical condition is life-threatening and acute but not properly diagnosed in the emergency room and the patient does not receive necessary medical treatment or not timely referred for appropriate medical treatment, the hospital and/or the emergency room staff may be held responsible for their failure to provide the required medical care if the patient suffers foreseeable injuries as a result of not receiving the proper medical care.
If negligent emergency room treatment may be the reason for your injuries or suffering, you may be entitled to compensation for your losses. Medical malpractice attorneys may be able to investigate your possible medical malpractice claim for you.
Click here to visit our website or call us toll free at 800-295-3959 to be connected with local medical malpractice lawyers who may be able to assist you with your medical malpractice claim.
Turn to us when you don’t know where to turn.
You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!
Tags: emergency room error, emergency room malpractice, emergency room medical malpractice, emergency room mistake, emergency room negligence, medical malpractice, medical malpractice attorneys, medical malpractice case, medical malpractice claim, medical malpractice lawyers, misdiagnosed aneurysm, New York medical malpractice, New York medical malpractice attorneys, New York medical malpractice claim, New York medical malpractice lawyers, New York Medical Malpractice Verdict For Death Due To Undiagnosed Aneurysm, undiagnosed aneurysm
Posted in Client Updates, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Lawyers, Medical Malpractice Verdict, Medical Malpractice Victim, Medical Misdiagnosis, Medical Negligence, Medical News, New York Medical Malpractice, Wrongful Death | No Comments »
Tuesday, February 21st, 2012
The U.S. Food and Drug Administration (FDA) issued a safety alert on February 20, 2012 regarding a counterfeit (fake) cancer medication that may have entered the U.S. from overseas that does not contain the required active ingredient. The only FDA-approved version of the cancer drug Avastin is marketed by a company called Genentech, which is part of the larger drug company Roche. (Roche markets Avastin for use outside of the United States.)
The FDA issued 19 letters to medical practices in the United States, warning them that they may have purchased the unapproved, counterfeit Avastin from a source outside of the United States. The unapproved Avastin was purchased by the medical practices from a foreign supplier known as Quality Specialty Products or Montana Health Care Solutions. The Tennessee company Volunteer Distribution is a distributor for Quality Specialty Products.
The counterfeit Avastin has been confirmed to not contain the active ingredient of Avastin, which is bevacizumab. Therefore, patients who receive the counterfeit Avastin are not receiving the medication that they were prescribed and are not receiving the benefit of the real Avastin.
Avastin is an injectable cancer medication used to treat various forms of cancer. Avastin is packaged in vials. The labels on the counterfeit vials contain the Roche logo whereas the FDA-approved Genentech vials do not. The counterfeit vials may contain the batch numbers that start with B6010, B6011, or B86017 (the FDA-approved Genentech vials have a 6-digit numeric batch number and expiration dates expressed in a 3-letter month and 4-digit year, such as JAN 2014).
The FDA-approved version of Avastin is not currently in short supply in the United States.
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What Is Avastin Used For?
Avastin (bevacizumab) is a cancer drug that is in a class of medicines known as antiangiogenic agents that work by stopping the formation of blood vessels to tumors that may slow the tumor’s growth and stop the spread of the tumor. Avastin is used in the treatment of colon and rectal cancer that has spread to other parts of the body, certain lung cancers, and a type of brain cancer known as glioblastoma that has already been treated with other cancer medications. Avastin is also used in combination with another drug to treat renal cell carcinoma that has already spread to other parts of the body.
Avastin was used in the past to treat breast cancer patients but the FDA determined that its risks in use for breast cancer did not justify the benefit in most cases. (See our blog posting for November 21, 2011 entitled, “FDA Withdraws Approval Of Avastin For Use In Treating Metastatic Breast Cancer”)
Avastin is administered slowly into a vein once every 14 days to treat colon cancer, cancer of the rectum, renal cell cancer, or glioblastoma, and once every 3 weeks to treat certain lung cancers. The first dose is given over a period of about 90 minutes to check for reactions to the medication and subsequent doses are usually given over 30 to 60 minutes.
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Drug shortages are a continuing and worsening problem in the United States (see our blog posting for October 1, 2011 entitled, “Drug Shortages In The U.S.”; our blog posting for November 3, 2011 entitled, “Drug Shortages: Get Your Drugs While You Still Can!”; and, our blog posting for December 17, 2011 entitled, “Drug Shortages Are Getting Even Worse!”).
Unscrupulous drug manufacturers, suppliers, and distributors see a potential to earn outrageous profits by either stockpiling drugs subject to shortages or by producing/providing counterfeit versions of drugs that are either in short supply or intended to be substituted for the brand name versions that are exceedingly expensive.
Price gouging hurts patients who cannot afford their necessary and life-extending medications. Counterfeit drugs either do not benefit patients or harm patients who do not receive their required medications. We believe that the price gougers and the counterfeiters should be required to pay civil fines and restitution in amounts greater than their profits from their wrongdoing and that they should also be subjected to criminal prosecution and sentenced to long prison terms.
If you or a loved one have been injured by a drug, the advice of a medical malpractice attorney is critical in determining your legal rights and whether you have a viable claim for compensation.
Click here to visit our website or telephone us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to investigate your possible claim and file a claim on your behalf, if appropriate.
Turn to us when you don’t know where to turn.
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Tags: bad drug, bad medication, cancer medication, counterfeit Avastin, counterfeit drug, counterfeit medication, drug death, drug injuries, drug injury, fake Avastin, fake drug, fake medication, harmful medication, Is My Cancer Drug Avastin A Fake?, medical malpractice, medical malpractice attorney, medical malpractice lawyer, medication mistake
Posted in Avastin, Client Updates, Is it Medical Malpractice?, Lawyer Updates, Medical Malpractice Facts, Medical News, Pharmaceutical Medical Malpracitce, Uncategorized | No Comments »
Monday, February 20th, 2012
Wow. A former osteopathic doctor who performed surgeries at a West Virginia hospital has had 124 medical malpractice claims filed against him arising out of his only 7 months of medical practice at that hospital. In the most recent medical malpractice court hearing against him, the former doctor failed to appear for a court hearing on February 17, 2012. Another hearing against the former osteopathic surgeon is scheduled for March 15, 2012.
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The hospital that hired the doctor, Putnam General Hospital, was found negligent in its hiring of the doctor as an orthopedic surgeon without properly checking his medical credentials and therefore the hospital became a co-defendant in 122 medical malpractice claims arising out of the doctor’s employment at the hospital between 2002 and 2003. The medical malpractice claimants were also permitted to seek punitive damages from the hospital. Many of the medical malpractice claims alleged that the doctor negligently performed surgeries and that many of the surgeries were medically unnecessary.
It was also determined that the doctor failed to disclose to the hospital all of the medical malpractice claims pending against him and failed to disclose to the hospital his arrest in 1999 regarding his alleged removal of log books from a Florida medical facility.
When the hospital fired the doctor in May, 2003, the doctor gave up his West Virginia medical license, left the state, and allegedly changed his name.
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On December 4, 2007, the doctor filed for Chapter 7 bankruptcy protection. However, a federal bankruptcy judge determined in March, 2009, that the doctor fraudulently failed to disclose at least $670,000 in assets and therefore denied the doctor the discharge of his debts in his bankruptcy proceeding.
The corporation that owned Putnam General Hospital when the doctor was employed there paid approximately $100 million in 2008 to settle 124 of the medical malpractice claims against the hospital.
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124…7…1 — 124 medical malpractice claims arising from only 7 months of medical practice against 1 doctor.
We don’t know for a fact that these repeated episodes of medical malpractice by a single doctor in a single hospital in West Virginia is an unwelcome medical malpractice record in the United States, but we certainly hope so. If there are other hospitals in the United States that are harboring repeat medical malpractice offenders, we hope that they are promptly discovered, they are immediately removed from providing patient care, and that the hospitals accept full responsibility for their own shortcomings that have allowed known miscreants to have access to patients who may be harmed due to medical negligence (or worse).
If you or a family member or a close friend have become the victim of medical malpractice committed by a negligent (or worse) medical provider in West Virginia or in any other U.S. state, you should promptly inquire about your legal rights with a local medical malpractice attorney.
Click here to be forwarded to our website to be connected with medical malpractice lawyers in your local area who may be able to investigate your potential medical malpractice claim for you and represent you in your medical malpractice case, if appropriate. You may also contact us at our toll free number 800-295-3959, if you prefer.
Turn to us when you don’t know where to turn.
You can follow us on Facebook, Twitter, Google+, and LinkedIn as well!
Tags: malpractice, medical errors, medical malpractice, medical malpractice attorneys, medical malpractice claims, medical malpractice lawyers, medical malpractice questions, medical mistakes, medical negligence, negligent surgeon, negligent surgery, West Virginia medical malpractice, West Virginia medical malpractice attorneys, West Virginia medical malpractice cases, West Virginia medical malpractice claims, West Virginia medical malpractice lawyers, West Virginia Medical Malpractice: 124 Medical Malpractice Claims Against 1 Doctor In Only 7 Months Of Medical Practice
Posted in Client Updates, Lawyer Updates, Medical Malpractice Case, Medical Malpractice Claims, Medical Malpractice Facts, Medical Malpractice Lawyers, Medical Negligence, Medical News, West Virginia Medical Malpractice | No Comments »
