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$1.6 BILLION Pharmaceutical Company Payment For Off-Labeling Marketing

May 8th, 2012

The large pharmaceutical company Abbott Laboratories (“Abbott”) has agreed to pay $1.6 billion, the second largest payment by a drug company, to settle an investigation into its drug marketing practices (the largest payment was $2.3 billion that was paid by Pfizer Inc. in 2009). The $1.6 billion includes $700 million in criminal fines and forfeiture and $800 million to settle civil claims brought by states and the federal government.

Additionally, Abbott agreed to pay $100 million to resolve state consumer protection claims, to plead guilty to a misdemeanor violation of  the federal Food, Drug and Cosmetic Act, and to be subjected to court-supervised probation for a five year period.

The settlements, payments, and guilty plea are related to Abbott’s misbranding (improper promotion/marketing) of its drug named Depakote. The only uses of Depakote that are approved by the FDA are for treatment of epilepsy, bipolar disorder, and in the prevention of migraines. One of the known safety risks of Depakote is liver disease. Sales of Depakote reached $1.7 billion in 2007.

According to the U.S. Department of Justice, Abbott promoted Depakote in controlling agitation and aggression in elderly dementia patients as well as in treating schizophrenia, both of which were not approved uses of Depakote by the U.S. Food and Drug Administration. Such improper marketing is often referred to as “off-label” use.

Abbott admitted that the off-label use of Depakote for elderly dementia patients who were agitated or aggressive in nursing homes was actively promoted by a specialized sales force between 1998 and 2006 despite no credible scientific evidence that Depakote was safe and effective for such use (Abbott discontinued a clinical trial of Depakote’s use in treating dementia in 1999 due to adverse effects such as dehydration, anorexia, and drowsiness). Additionally, Abbott also admitted that it paid millions of dollars in rebates to pharmacists who serviced nursing homes based on how much Depakote’s use was increased in the nursing homes that they serviced.

Abbott further admitted that Depakote’s use for treatment of schizophrenia in combination with other drugs was actively promoted between 2001 and 2006 without evidence that it was any more effective than other medications alone in the treatment of schizophrenia (two studies of Depakote’s use in the treatment of schizophrenia that were paid for by Abbott failed to meet their goals, which Abbott did not report to its sales force for two years and which were not published for an additional two years).

The recently announced settlements will result in some ”whistle-blowers” receiving about $84 million as their share of the federal government’s recovery pursuant to the False Claims Act that provides for such incentives. The whistle-blowers had filed four lawsuits in federal court in Virginia regarding Abbott’s improper marketing promotion of off-label uses for Depakote.

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Without the monetary incentives provided under the False Claims Act for whistle-blowers, one must wonder if the illegal activities of a giant pharmaceutical company would have been discovered and punished.

If you have a possible whistle-blower claim against a drug company or other large company in the United States, you may wish to consult with a medical malpractice lawyer or other attorney who is knowledgeable about whistle-blower claims and handles such claims.

Click here to visit our website to be connected with whistle-blower lawyers in your local area who may be able to advise you regarding your whistle-blower responsibilities and possible monetary recovery and to assist you in filing a whistle-blower claim, if appropriate.

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Continuing Issues With Defibrillator Wire Leads

May 7th, 2012

Internal defibrillators that are implanted in heart patients to help control their heart rhythms are life-savers for many cardiac patients — another marvel of modern medicine. Defibrillators not only save lives but also help cardiac patients have a better quality of life. The implanted defibrillators are connected to patients’ hearts by insulated electrical wires known as “leads.” Possible problems with some of the leads in some of the defibrillators manufactured by different medical device companies have been in the news recently.

Possible problems with some defibrillator leads manufactured by St. Jude Medical Inc. (“St. Jude”) first surfaced in September, 2011, when a small study of revision surgeries regarding St. Jude’s so-called Riata leads reported problems with the leads that were higher than initially reported by St. Jude. The problem involved fracture of the leads that allegedly resulted in the deaths of some patients (a reported study by a cardiologist found that there were 22 deaths related to the Riata leads, which was disputed by St. Jude). The defect occurs when the insulation covering the leads suffer “insulation abrasion” that results in “externalized conductors” (lead wires poking through their insulation) that may deliver unintended electrical shocks to patients.

In December, 2011, St. Jude removed the Riata leads from the market that resulted in the FDA issuing a Class I recall (a Class I recall is the most serious, reserved for products that pose a potential risk of serious injury or death).

On May 1, 2012, St. Jude issued a report in which it stated that the recalled Riata leads “conductor fracture” rate increased by 4.3% during the last half of 2011 when compared to St. Jude’s earlier report regarding the conductor fracture rate in November, 2011. The May 1, 2012 report further indicated that the rate of “insulation breach” rose by 24.4% and the overall malfunction rate increased by 12.3%. Nonetheless, the malfunction numbers are acknowledged to be under-reported because St. Jude only tracts malfunctions that are reported to St. Jude from physicians.

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It must be stressed that despite the statistics stated above, there were reportedly 69,257 Riata defibrillators in use in patients as of December 31, 2011, with 540 reported total insulation breaches and 37 reported total conductor failures as of that date. While the risk of failure, breach, or malfunction is very small, if you or a family member have an implanted Riata defibrillator, any chance of a failure, breach, or malfunction is disturbing.

If you or a loved one have or had a Riata defibrillator implanted, it would be important to discuss your situation and concerns with your cardiologist or other appropriate health care provider. If you have a legal concern about a malfunctioning Riata defibrillator or a defibrillator manufactured by another company, you should consult with a medical malpractice attorney regarding your particular situation.

Click here to visit our website 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 assist you with your possible claim.

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$452 Million Lost To Medicare Fraud

May 6th, 2012

Earlier this week, the U.S. Department of Justice announced the fourth nationwide sweep in the last two years for alleged illegal practices by Medicare providers (doctors, nurses, and social workers) that resulted in criminal charges against 107 Medicare providers who allegedly stole $452 million from Medicare. Those arrested were located in seven major U.S. cities: Los Angeles, California; Tampa, Florida; Miami, Florida; Baton Rouge, Louisiana;  Houston, Texas; Detroit, Michigan; and, Chicago, Illinois. On May 2, 2012, 87 arrests were made.

In addition to the 107 who were part of the Medicare nationwide sweep, 52 medical providers were subjected to suspensions or other administrative actions by the U.S. Department of Health and Human Services regarding allegations of fraudulent billing practices.

The alleged fraudulent billing practices involving Medicare patients (there are about 50 million people in the U.S. who have Medicare health care coverage) include allegations that two doctors (eight people total) in the Greater Los Angeles area billed Medicare approximately $20 million for services that were never provided.

The illegal schemes included medical equipment providers billing Medicare for medical equipment that was never provided to Medicare patients, and Medicare providers paying kickbacks to schemers who recruited Medicare beneficiaries who did not need or use medical equipment so that doctors in on the scam could write prescriptions for them for medical equipment that were billed to Medicare.

Medicare fraud is rampant and continues to rise: the federal government revoked the eligibility of more than 60,000 Medicare and Medicaid providers and suppliers in 2011, and recovered $4.1 billion in fraudulent claims. In 2011, 1,430 people were charged by the federal government with health care fraud, which was a sizable increase from the 797 people who were charged with similar crimes in 2008.

Medicare and Medicaid fraud result in losses between $20 billion and $100 billion each year. It is anticipated that in 2012, the total Medicare and Medicaid expenditures will reach $1 trillion.

While the U.S. government now employs new computer methods for cracking down on fraudulent Medicare and Medicaid billings and payments, unscrupulous Medicare and Medicaid providers continue to seek new and innovative methods of cheating U.S. taxpayers. However, this latest round of nationwide Medicare fraud enforcement actions should be a stark warning and wake-up call to those who seek to obtain money for services and medical equipment not necessary or not provided that they will leave a trail that will ultimately result in their downfall. Recent criminal sentences for those convicted of Medicare fraud have reached up to 50 years in federal prison.

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As medical care resources become more scarce and more expensive, the effects of Medicare and Medicaid fraud on ordinary citizens become more pronounced and more serious. If a Medicare or Medicaid recipient cannot obtain necessary medical care or necessary medical equipment because criminals have bilked the government out of limited financial resources, then the victims of Medicare and Medicaid fraud are not just the Medicare and Medicaid beneficiaries, but also their families and their communities.

If you have knowledge of possible Medicare fraud or Medicaid fraud, you may become a “whistle blower” and thereby be entitled to receive a share of the amount that the government may collect as a result of your efforts in bringing the information regarding possible fraud to the attention of the appropriate authorities. Medical malpractice attorneys may be able to assist you in your efforts.

Click here to visit our website to be connected with medical malpractice lawyers in your state who may be able to assist you with a whistle-blower claim regarding Medicare fraud or Medicaid fraud, or telephone us toll free at 800-295-3959.

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New Jersey Nursing Home Abuse Caught On Video

May 5th, 2012

In one of the most disturbing and frightful examples of nursing home violence against a nursing home resident that was caught on video, an 87-year-old paralyzed woman was shown being struck violently and cursed at by the very aides who were supposed to be providing her with necessary care. The video camera was set up in the woman’s room by her daughter and grandson after the grandson noticed unexplained bruising on the woman’s body last year.

The video shows one nursing aide roughly removing the woman’s oxygen mask from her face and then hitting the woman twice on her head for no reason. The nursing aide lost her job, lost her license, and was arrested after the video caught her ruthless and demeaning behavior, but it makes you stop and wonder how many times in the past the elderly woman or other nursing home residents may have been physically abused by the same aide or other nursing home caregivers.

Another employee of the same nursing home who has not been arrested can be heard on the video telling the woman, “Lady, why don’t you die?”  A third nursing home employee was caught on tape roughly handling the woman’s body while changing her bed sheets. Even a supervisor was allegedly heard on the video cursing at the woman.

The nursing home had no comment about what was depicted on the video but is being sued by the woman’s family for medical malpractice and other claims. The woman’s family hopes that by going public with the video of the elderly woman’s abusive treatment that they may help other residents’ families become aware that they must be vigilant in checking up on family members who are in nursing homes.

We urge you to view the clip from the video for yourself.

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Many states in the U.S. still do not allow video cameras to be placed in residents’ rooms due to alleged privacy concerns. We suggest that in many situations, the privacy concerns of nursing home residents and nursing home staff may be outweighed by the concerns regarding the safety and care of the residents. If nursing home employees believe that they will never be caught abusing or neglecting the residents they are assigned to take care of, then callous (or worse) nursing home employees may consider and engage in abusive or neglectful conduct that they would not otherwise engage in if they knew that their actions were being monitored and/or recorded.

In this day and age when almost all telephone calls to businesses are subject to being monitored or recorded, and our movements in public are often being viewed or recorded by public or private video cameras set up outside of businesses, parking garages, state and local governmental offices, and on public street corners so that the police or others may monitor pedestrians or traffic, all in the stated interest of public safety, maybe it is time to change the laws in those states that prohibit cameras in the rooms of nursing home residents so that they have the same hope of being safe that a pedestrian on a public street now enjoys.

If you or a loved one were abused or neglected in a nursing home, you may wish to consult with a local medical malpractice attorney regarding your legal rights and obligations.

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 willing to investigate your possible medical malpractice claim for you and file a medical malpractice claim on your behalf, if appropriate.

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Colorado Medical Malpractice Verdict For Infected Bedsores Leading To Death

May 4th, 2012

A Colorado medical malpractice jury returned a verdict in the amount of $3.2 million in favor of the family of an 88-year-old-man in a nursing home who died from infected bedsores, one of which was the size of a baseball, that were allegedly not properly treated. The nursing home that is responsible for the medical malpractice verdict is owned by a large out-of-state corporation that has 4,000 nursing home beds in 8 states, including two other nursing homes in Colorado.

The man had become a resident of the nursing home in May, 2009. He had Parkinson’s disease but was able to walk with assistance to the cafeteria in the nursing home and worked as a janitor in the nursing home before he developed a bedsore in September, 2010. After the bedsore developed, the man’s condition deteriorated to the point where he was unable to walk, even with assistance, and he became unresponsive and stayed in his bed. He also stopped eating and drinking.

Apparently the man’s family was not told about the bedsore. It was not until October, 2010 that a nurse’s aide employed by the nursing home told the man’s son about multiple severe bedsores on his father’s buttocks and scrotum that were infected.

Upon discovering the bedsores and their condition, the son wanted his father immediately transferred to the hospital. At first, the nursing home did not want to transfer the man to the hospital for treatment. Once the man was transported to the hospital, he was found to be dehydrated and malnourished (both conditions can lead to the development of bedsores and both conditions can have a negative impact on attempts to successfully treat bedsores). The man’s death was linked by his doctors to his infected bedsores.

After the man’s death, the Colorado Health Department inspected the nursing home and issued citations against the nursing home for 27 deficiencies.

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The development of bedsores in nursing home residents is generally avoidable if proper and timely care is provided to residents. Residents at risk for developing bedsores are often required to be turned and repositioned in their beds at set intervals (often at least every two hours) to help avoid developing bedsores. Pressure relieving devices such as air mattresses for residents’ beds and other devices designed to reduce the pressure points where the body comes in contact with the resident’s bed (such as heals, elbows, buttocks, and the back of the head) are often useful if timely employed.

If bedsores do develop, it is critical that they be diagnosed quickly and promptly and that they be properly treated so that they do not progress to more serious and dangerous stages of development.

If bedsores do develop and cause serious injuries or death to nursing home residents, medical malpractice attorneys often investigate whether there was sufficient staff on all shifts to provide necessary care to the nursing home residents based not only on the number of nursing home residents assigned to each caregiver, but also based on the level of care that each of the assigned residents required from the caregivers. Medical malpractice attorneys also investigate whether the proper care was timely provided to the injured resident.

If appropriate, medical malpractice claims based on the lack of appropriate and timely care owed to nursing home residents may be alleged based on inadequate staffing levels, inadequate training of staff, and/or inadequate care provided by the nursing home’s staff.

If you or a loved one suffered serious injuries or death as a result of nursing home negligence, nursing home neglect, or nursing home abuse, 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 medical malpractice claim and represent you in a medical malpractice case, if appropriate.

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Inappropriate Use Of Anti-Psychotic Medications In Nursing Homes

May 3rd, 2012

Federal data recently reviewed by a major newspaper pursuant to a Freedom of Information Act request reveals that the inappropriate use of anti-psychotic medications for nursing home residents is rampant. Anti-psychotic medications are typically used in the treatment of severe mental disorders such as schizophrenia and bipolar disorder.

About 185,000 nursing home residents in the United States during 2010 were given anti-psychotic medications when it was inappropriate to do so. More than 1 in 5 U.S. nursing homes used anti-psychotic medications for a significant percentage of residents who did not have psychosis or other serious mental conditions.

The use of anti-psychotic medications in patients with dementia is particularly dangerous, earning FDA black-box warnings regarding potentially fatal side effects. Anti-psychotic medications can cause dizziness, abnormal heart rhythms, a sudden drop in blood pressure, blurred vision, increased risk of deadly infections, cardiovascular complications, and urinary problems.

Nursing homes sometimes give anti-psychotic medications to combative or aggressive residents under the pretext of preventing the residents from harming themselves or others. However, the statistics seem to lend support to the belief that anti-psychotic medications administered to nursing home residents may be used to sedate and control residents who simply need more attention and care from nursing home staff — more care and attention means more time spent with residents, which in turn requires more staff time (and more staff), which means higher costs for nursing home owners.

The newspaper reported that at least 25% of nursing home residents without conditions recommended for anti-psychotic medication use nonetheless received the anti-psychotic medications in 21% of U.S. nursing homes in 2010. There was a direct link between the staffing of the nursing homes and their rate of use of anti-psychotic medications for their residents — the fewer the staff involved with the residents’ direct care, the greater the rate of anti-psychotic medication use for non-recommended conditions. The nursing homes that used anti-psychotic medications for conditions other than psychosis and similar mental conditions tended to have more residents that the nursing home staff identified as having behavioral problems such as wandering, verbal abuse, physical abuse, or being resistant to care, and the nursing homes themselves had a higher percentage of residents whose care was paid for by Medicaid and not by private insurance.

The newspaper reported that 10 nursing homes in California during 2010 administered anti-psychotic medication to all of their residents who were without psychosis or a related mental condition. On the other side of the spectrum, 146 nursing homes in the U.S. did not use anti-psychotic medications for their residents without psychosis or a related mental condition (that is about 1% of the nursing homes in the United States with at least 50 residents).

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If your family member or a loved one was mistreated, abused, or neglected in a nursing home in the United States, the assistance of a local medical malpractice attorney may help in investigating a possible medical malpractice claim against the nursing home.

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 assist you in bringing a medical malpractice claim against the nursing home.

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Medical Malpractice Claims Lead To Legal Malpractice Claims

May 2nd, 2012

A Putnam County, West Virginia attorney and his two former law partners are being sued for legal malpractice for the third time in a year for their alleged wrongful handling of medical malpractice claims against the same doctor. In this most recent case filed on April 13, 2012, the three plaintiffs allege that their former attorneys failed to timely file their medical malpractice claims against former osteopathic physician, John King.

The former physician had been sued for medical malpractice in over 100 cases in 2006 for acts of alleged medical malpractice that occurred between November 2002 and June 2003 while the physician practiced at Putnam General Hospital (for more information regarding the former Dr. King and the medical malpractice claims against him, see our blog posting on February 20, 2012).

The most recent legal malpractice claim alleges that the holders of a durable medical power of attorney for the medical malpractice claimant had contacted the lawyers in October 2003 regarding the alleged medical malpractice that occurred earlier in 2003. The lawyers did not file the medical malpractice lawsuit until October 25, 2006, which was after the two-year West Virginia statute of limitations for medical malpractice cases had expired. Their medical malpractice case was dismissed a little over one year later, for failing to file the medical malpractice claim within the two-year statute of limitations. A motion to reconsider the dismissal was denied on March 5, 2010.

The other two legal malpractice lawsuits filed against the attorneys were filed in April and December 2011, respectively. As with the most recent legal malpractice claim, the other two legal malpractice cases allege that their lawyers failed to timely file their medical malpractice lawsuits against the osteopathic physician. Their medical malpractice cases were also filed in October 2006 and were dismissed in November 2007 because they were not filed by the deadline. Both of these cases also had motions to reconsider the dismissals filed which were denied by the court in March 2010.

The lawyers’ law firm was dissolved in 2005, according to records. One of the lawyers has since moved to Florida. The three legal malpractice lawsuits on behalf of the plaintiffs are being handled by the same attorney.

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The three legal malpractice cases based on their lawyers’ alleged failures to handle their three medical malpractice claims timely and appropriately must be devastating for the medical malpractice claimants — it appears that they have been victimized twice: once by their trusted physician and then a second time by their trusted lawyers.

If you or a loved one have suffered injuries and losses as a result of possible medical malpractice in West Virginia or in another state in the United States, it is important that you promptly and timely obtain the legal advice of a competent medical malpractice attorney regarding your rights concerning your possible medical malpractice claim.

Click here to visit our website or call us toll free at 800-295-3959 to be connected with local medical malpractice lawyers in your state who may be able to assist you with your medical malpractice claim.

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Epidemic Of Drug Babies In The U.S.

May 1st, 2012

Babies born addicted to drugs due to their mothers’ use of illicit drugs during pregnancy is not new. However, an increasing epidemic of babies addicted to prescription medications, especially narcotics such as oxycodone, is particularly alarming.

Many such newborns will be born with neonatal abstinence syndrome (“NAS”), which is the withdrawal process they go through once they are born as a result of no longer being exposed to the drugs their mothers used during pregnancy (narcotic medications such as oxycodone pass through the placental barrier during pregnancy). In 2009, more than 13,000 newborns in the U.S. were born with NAS, a three-fold increase since 2000 (opiate use by pregnant mothers increased five-fold during the same period).

How many babies exposed to opioids during pregnancy go through withdrawal symptoms once they are born? Between 55% and 94%, according to official statistics.

Many NAS babies share common symptoms:  they are easily agitated, cry constantly (many have a distinct, high-pitched cry), they cannot be around sound or light, and they may have muscle tightening and seizures.

Tennessee’s Recent Experience With NAS Newborns

Tennessee ranks among the U.S. states with the greatest overuse of prescription drugs. About one-third of pregnant Tennessee women in state drug treatment programs are addicted to pain medications. In one particular Tennessee hospital, the number of NAS newborns doubled from 2010 to 2011. As a result, this same hospital responded by creating a new wing of private rooms in 2010 that are quieter and darker to help in the treatment of NAS babies.

The Tennessee hospital used to treat NAS babies in a manner similar to the treatment of older addicts — methadone treatment was used to stabilize the newborns who were then discharged to outpatient treatment. Due to safety and effectiveness concerns with the methadone treatment protocol for newborns, the hospital switched to morphine in small doses given every three hours during feeding that is gradually reduced over the following weeks to wean the babies off of the drugs. This newer treatment protocol has reduced the average hospital stay for NAS babies by several days, which now averages 24 days.

And it is not just at the time of birth and for the weeks following birth that NAS babies are at risk. Studies have shown that NAS babies are at an increased risk for learning problems and developmental problems throughout childhood and for behavioral problems as they reach school age.

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If you or a family member have become the victim of medical malpractice in Tennessee or in another state in the U.S., it is important to learn about your legal rights. The advice from a local medical malpractice attorney may help you determine if you can and should proceed with a medical malpractice claim.

Click here to visit our website to be connected with medical malpractice lawyers in your state who may be willing to investigate your possible medical malpractice claim for you and to file a medical malpractice case on your behalf, if appropriate. You may also reach us toll free at 800-295-3959.

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Medical Malpractice Payouts Statistics For 2011

April 30th, 2012

An analysis of the medical malpractice payouts data reported for 2011 to the National Practitioner Data Bank was performed by Diederich Healthcare, which is a national medical malpractice insurance company that provides medical malpractice insurance and consulting services to over 13,000 healthcare professionals throughout the United States.

Six states represented 51.4% of all medical malpractice payouts in the United Sates during 2011. New York had the highest total of medical malpractice payouts ($677,866,050) followed, in order, by Pennsylvania ($319,710,250), Illinois  ($242,108,800), New Jersey ($221,170,750), Florida ($218,123,050), and California ($215,519,200). The states with the lowest total of medical malpractice payouts in 2011 were South Dakota ($3,033,750), Vermont ($3,938,250), Wyoming ($4,235,000), North Dakota ($4,852,500), and Alaska ($6,347,500).

The total medical malpractice payouts for 2011 was slightly lower than in 2010 (by 0.24%). Medical malpractice payouts by year have been decreasing since 2003, when the total medical malpractice payouts were the highest in the last 20 years ($4,822,485,800 in 2003).

Hawaii had the highest average medical malpractice payout ($686,509) and Indiana had the lowest average payout ($122,297).

The U.S. state with the largest number of medical malpractice payouts in 2011 was New York (1,744), followed by California (1,352), Florida (1,003), and Pennsylvania (903). The U.S. state with the fewest medical malpractice payouts in 2011 was Wyoming (11), followed by North Dakota (14), Alaska (16), and Vermont (20).

More than 36% of the medical malpractice payouts were for people from ages 40 to 59 ($737,338,400 for ages 0 to 19; $786,317,650 for ages 20 to 39: $1,351,743,100 for ages 40 to 59; $707,442,700 for ages 60 and over (ages were unavailable for people who received a total of $100,972,250 in medical malpractice payouts)).

58% of the medical malpractice payouts were for women and 42% for men.

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The raw data from 2011 do not explain the bases behind the numbers. For instance, what effect have tort reform laws in various states had on the number and the amount of the medical malpractice payouts in various states? And how would the number of medical malpractice payouts and the amounts of the medical malpractice payouts have been different without such tort reform measures?

Perhaps most important to medical malpractice victims in the past and for future medical malpractice victims in various states that have varying tort reform measures in place (or will enact tort reform measures in the future) is how many medical malpractice victims have not (and will not) receive fair and adequate compensation for their injuries and losses due solely to medical malpractice recovery limitations?

One conclusion regarding the medical malpractice payouts statistics for 2011 that cannot be made is that there were less medical malpractice incidents in the United States than at any time in the past — the imposition of procedural roadblocks and the severe artificial and arbitrary limitations placed on recoverable damages for medical malpractice claims in an ever-increasing number of U.S. states mask and hide the true monetary and societal costs in lives destroyed and families’ finances ruined as a result of medical negligence committed by careless, inattentive, incompetent, uncaring, or simply negligent health care providers.

When the heavy losses and permanent injuries associated with medical malpractice affect you or your family, the prompt advice from a medical malpractice attorney may help you decide how you should proceed with your possible medical malpractice claim.

Click here to visit our website or you may also contact us by toll free call to 800-295-3959 to be connected with medical malpractice lawyers in your local area who may be able to assist you with your possible medical malpractice case.

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Connecticut Senate Passes Medical Malpractice Bill To Reform Prior Reforms

April 29th, 2012

On April 27, 2012, the Connecticut Senate passed by a margin of 32 to 3 a medical malpractice bill that would reform Connecticut’s medical malpractice reforms enacted in 2005. In particular, the proposed bill would revise the requirement that medical malpractice plaintiffs obtain a written report called a certificate of merit from a “similar” health care provider that sets forth how the medical malpractice defendant deviated from the standard of care, adding an alternate method to comply with the law by obtaining a written report from a ”qualified” health care provider.

The stated purpose behind the 2005 reforms as well as this most recent reform attempt is to prevent frivolous medical malpractice lawsuits from being filed that result in increasing medical malpractice insurance costs. It is thought that by requiring a sufficient written report that sets forth the alleged medical negligence and the alleged breaches of the standard of care, frivolous medical malpractice claims will not be filed.

The reason for the proposed change is that the “similar” health care provider requirement resulted in harsh consequences in some cases such as the dismissal of a medical malpractice lawsuit filed against an emergency room physician because the certifying expert was a practicing trauma surgeon and even though he spent most of his professional time in the emergency room, he was not a “similar” health care provider as to the defendant.

A “qualified” expert is a health care provider who the court determines to be an appropriate certifying expert based on the court’s review of the contents of the written report that details the expert’s sufficient training, knowledge, and experience in the specific care, treatment or diagnosis at issue in the medical malpractice complaint within the five-year period before the incident giving rise in the complaint so as to be able to testify as an expert as to the standard of care as to each defendant to whom the expert has issued an opinion.

The original Senate bill would have completely replaced the “similar” health care provider requirement with the less restrictive “qualified” health care provider provision but the strong opposition from medical providers resulted in a compromise.

The amended Senate bill now goes to the Connecticut House for its consideration.

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If you may be the victim of medical malpractice in Connecticut or in another state in the United States, you may wish to consult with a local medical malpractice attorney to investigate your possible medical malpractice case for you.

Click here to visit our website to be connected with medical malpractice lawyers in your state who may be able to represent you in a medical malpractice case against the negligent medical providers. If you prefer, you may also reach us toll free at 800-295-3959.

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