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	<title>Yourlawyer.com (Medical Malpractice News)</title>
	<link>http://www.yourlawyer.com/topics/overview/medical_malpractice</link>
	<description></description>
	<pubDate>Sat, 21 Nov 2009 01:04:37 -0800</pubDate>

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		<title>Rhode Island Hospital Fined Over Wrong-Site Surgery</title>
		<link>http://www.yourlawyer.com/articles/read/17222</link>		
		<pubDate>Tue, 03 Nov 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17222</guid>
		<description><![CDATA[Last week, we wrote about the fifth reported botched surgery at the same hospital since 2007. Rhode Island Hospital&mdash;the largest hospital in that state&mdash;allegedly operated on the wrong body part, described as a wrong-site surgery, five times.Now, says the Associated Press (AP), the hospital has been fined $150,000 and mandated to take what the AP described as &ldquo;the extraordinary step&rdquo; of putting in video cameras in its...]]></description>
			<content:encoded><![CDATA[<p>Last week, we wrote about the fifth reported <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">botched surgery</a> at the same hospital since 2007. Rhode Island Hospital&mdash;the largest hospital in that state&mdash;allegedly operated on the wrong body part, described as a wrong-site surgery, five times.</p><p>Now, says the Associated Press (AP), the hospital has been fined $150,000 and mandated to take what the AP described as &ldquo;the extraordinary step&rdquo; of putting in video cameras in its operating rooms, citing Rhode Island health officials. The unprecedented move involves a nonsurgical team clinician observing hospital surgeries for one year, monitoring if surgeons are marking operation sites, and taking time outs to determine if the correct body part has been located for surgery, said the AP.</p><p>Rhode Island Hospital has 45 days to install the recording equipment in its operating rooms and every doctor will be taped during surgery at least twice a year, reported the AP. It will be at the hospital&rsquo;s discretion to advice surgeons if they are being monitored.</p><p>Health officials and the State Department of Health were looking into how a surgeon at the hospital mistakenly operated on the wrong area of a patient&rsquo;s hand. That alleged mistake represented the fifth such wrong-site surgery in two years at the hospital, a teaching hospital for Brown University&rsquo;s Alpert Medical School. According to state health director, David Gifford, the $150,000 fine represents the second such fine in as many years, said the AP. The prior fine, for $50,000, was imposed following three wrong site neurosurgeries in 2007, added the AP, noting that, according to Gifford, these are the only two fines ever issued by his department.</p><p>While this was the third wrong-site surgery in one year, Rhode Island News reported that that surgery was the fourth wrong-site surgery in just six years, all taking place in the neurosurgery area.</p><p>The recent surgery, based on a letter previously cited by the AP, revealed that Hospital President Timothy Babineau said the error occurred late last week on a patient scheduled to undergo surgery on two fingers meant for a joint on one of the fingers, but operated on another finger. Babineau said, reported the AP, the surgery was then performed on the correct finger. The patient has since been released.</p><p>According to the AP&rsquo;s recent report providing additional details on the scandal, the surgery was meant for two fingers; however the surgeon performed two operations on the same finger. The site of the planned surgery was to have been indicated, with the team ensuring&mdash;prior to making an incision&mdash;that they were operating on the correct patient, the correct procedure, and the correct body part, said the AP. The protocols are long established in the medical field and also include marking of the body part scheduled for the operation.</p><p>According to Gifford, the surgical team marked the wrist, not each of the two fingers; the surgeon did not mark the site, and the team did not take a &ldquo;time-out&rdquo; prior to the second surgery, said the AP. Apparently, when the error was discovered, the team confirmed with the family of the patient if they should conduct the correct surgery on the correct site, said the AP, but&mdash;astonishingly&mdash;even after the mistakes already made, the team still did not conduct the recommended timeout, a mistake Gifford described as &ldquo;amazing.&rdquo;<br /></p>]]></content:encoded>
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		<title>VA Cancer Probe Continues</title>
		<link>http://www.yourlawyer.com/articles/read/16691</link>		
		<pubDate>Tue, 30 Jun 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16691</guid>
		<description><![CDATA[Dr. Gary D. Kao, the doctor linked to scores of potentially shoddy medical procedures conducted at the Veterans Administration (VA) Medical Center in Philadelphia admitted to making mistakes when administering radiation seed implantation&mdash;brachytherapy&mdash;to prostate cancer patients. It seems 92 veterans allegedly received incorrect radiation doses.But, Kao, who admitted to &ldquo;missing his target&rdquo; when performing brachytherapy,...]]></description>
			<content:encoded><![CDATA[<p>Dr. Gary D. Kao, the doctor linked to scores of potentially shoddy medical procedures conducted at the Veterans Administration (VA) Medical Center in Philadelphia admitted to <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">making mistakes</a> when administering radiation seed implantation&mdash;brachytherapy&mdash;to prostate cancer patients. It seems 92 veterans allegedly received incorrect radiation doses.</p><p>But, Kao, who admitted to &ldquo;missing his target&rdquo; when performing brachytherapy, claimed this type of error is not unusual and something for which he refused to be singled out, reported the Associated Press (AP). &ldquo;Contrary to the allegations that I was a &rsquo;rogue&rsquo; physician, ... I always acted in the best interest of the patients in delivering this important treatment,&rdquo; said Kao, quoted the AP. Kao, a radiation oncologist, was quoted when testifying at a Senate field hearing at the hospital, said the AP, noting that Kao worked at the VA center from 2002 to 2008.</p><p>KYW1060 reported that Kao testified that it is understood that radioactive seeds can move outside of the prostate to tissue and other organs, &quot;The chance of seeds in the bladder, or outside the prostate, is a recognized risk of the procedure,&quot; said Kao. Senator Arlen Specter asked Kao at this point, &quot;It's a recognized risk, but did you notify patients?&quot; quoted KYW1060, to which Kao responded, &quot;No sir.&rdquo; Kao claimed such errors did not constitute a lower level of care that required reporting to the <a href="http://www.nrc.gov/">Nuclear Regulatory Commission</a> (NRC) and other agencies, said the AP. &ldquo;Brachytherapy was and still is an evolving field,&rdquo; claimed Kao, quoted the AP.</p><p>The prostate is the size of a walnut and is located near the bladder and rectum, said the AP. Brachytherapy involves implantation of radioactive seeds to kill cancer cells, explained the AP previously, noting that most veterans allegedly received &lsquo;&rdquo;significantly less&rdquo; dosing than what was prescribed, while others &ldquo;received excessive radiation to nearby tissue and organs.&rdquo; Brachytherapy is an option only used in patients diagnosed with &ldquo;small, early-stage, non-aggressive prostate cancers,&rdquo; said Philly.com.</p><p>According to an earlier AP report, the team performing the brachytherapy &ldquo;botched&rdquo; dosing on most cases, but continued to conduct treatment despite that &ldquo;monitoring equipment was broken,&rdquo; citing The New York Times. The AP reported that the NRC found incorrect dosing occurred because, generally, seeds landed outside of the prostate in tissue or nearby organs. Kao performed most procedures, said Philly.com, noting that Kao stopped seeing patients a year ago.</p><p>In one case, a patient testified to losing his job because he was forced on five months bed rest after Kao allegedly implanted radiation seeds into his rectum, not his prostate, said the AP. Although the VA said the problem likely came from hemorrhoids or constipation, an Ohio State University physician diagnosed the problem as radiation burn, surgically correcting the problem, the AP reported.</p><p>In another case, a patient underwent a seed removal from his bladder, alleged that three seeds were expelled in blood clots, and suffered radiation irritation to his rectum and bladder. The patient claims he never received the VA letter allegedly sent to all its brachytherapy patients. The cancer remains and the patient&rsquo;s options are significantly limited and include surgery to remove the prostate, bladder, and colon, forcing use of urine and feces collection bags, said Philly.com.</p><p>The VA center&rsquo;s brachytherapy program has been suspended, said the AP, noting that a review of 12 other VA hospitals in which brachytherapy is conducted revealed some problems, as well; none allegedly as severe or frequent as at the center in Philadelphia. According to the AP, Kao took a leave from the University of Pennsylvania last week.<br /></p>]]></content:encoded>
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		<title>Doctors Give US Emergency Care A Failing Grade</title>
		<link>http://www.yourlawyer.com/articles/read/15660</link>		
		<pubDate>Thu, 11 Dec 2008 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/15660</guid>
		<description><![CDATA[The country has received an overall failing grade for its emergency care service according to the American College of Emergency Physicians, the Associated Press (AP) is reporting.&nbsp; Overall, the system received a D-, said the AP.According to the AP, no state received an A ranking.&nbsp; The AP cited a glut of patients as adding to the problem, combined with a lack of resources.&nbsp; Also, said the AP, many patients without health insurance...]]></description>
			<content:encoded><![CDATA[The country has received an overall <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">failing grade</a> for its emergency care service according to the American College of Emergency Physicians, the Associated Press (AP) is reporting.&nbsp; Overall, the system received a D-, said the AP.<br /><br />According to the AP, no state received an A ranking.&nbsp; The AP cited a glut of patients as adding to the problem, combined with a lack of resources.&nbsp; Also, said the AP, many patients without health insurance will turn to emergency rooms to receive care, which is increasing emergency care demand at a time when some hospitals are closing emergency rooms due to rising costs and shrinking staffs.&nbsp; &ldquo;The emergency care system in the United States remains in serious condition, with numerous states facing critical problems &hellip; the nation has too few emergency departments to meet the needs of a growing and aging population,&rdquo; the AP quoted from the report.<br /><br />The AP described America&rsquo;s emergency room system as a &ldquo;ticking time bomb,&rdquo; citing a dearth of physicians and nurses and adding that the report said the ER system was, &ldquo;fraught with significant challenges and under more stress than ever before.&rdquo;<br /><br />A report on WKOWTV.com also noted that the report stated that, &ldquo;our country's emergency care system is below average and is being made worse by the U.S. financial crisis.&rdquo;&nbsp; The report stated that over 300,000 Americans go to ERs for care daily and that 90 percent of the states earned poor rankings receiving mediocre ratings or earning near-failing marks, said WKOWTV.<br /><br />According to WKOWTV, the report graded the states individually and the nation overall in categories that included emergency care and patient safety and found that there are very significant lapses in a wide array of ranking areas.&nbsp; Half of the states and Washington, D.C. earned seven and less out of 10 key indicators.&nbsp; Only five states receiving a score of 10.&nbsp; The five report card categories&nbsp; were: Access to Emergency Care (30 percent), Quality and Patient Safety Environment (20 percent), Medical Liability Environment (20 percent), Public Health and Injury Prevention (15 percent), and Disaster Preparedness (15 percent). &nbsp;<br /><br />&ldquo;That is a national disgrace,&rdquo; the organization&rsquo;s president, Nicholas Jouriles, an emergency physician in Moreland Hills, Ohio, told the AP. &ldquo;The nation&rsquo;s emergency physicians have diagnosed the condition and prescribed the treatment. It&rsquo;s time to get serious and take the medicine,&rdquo; he warned.<br /><br />Meanwhile, on the same day as this bleak report was issued, the Trust for America&rsquo;s Health and the Robert Wood Johnson Foundation issued a separate study stating that the U.S was &ldquo;underprepared for a major disaster, such as a biological attack or a pandemic,&rdquo; said the AP.<br /><br />]]></content:encoded>
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		<title>New  York Hospital Negligence Victim Died of Blood Clots</title>
		<link>http://www.yourlawyer.com/articles/read/14760</link>		
		<pubDate>Tue, 15 Jul 2008 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/14760</guid>
		<description><![CDATA[Esman Green, the woman who died at Brooklyn&rsquo;s Kings County Hospital Center (KCHC) June 19 after writhing on the floor of its psychiatric emergency ward for a full hour, has apparently died due to blood clots.&nbsp; According to an Associated Press (AP) report, the blood clots were caused &ldquo;by a long period of physical inactivity.&rdquo;Based on surveillance footage obtained by the New York Civil Liberties Union (NYCLU), Green, 49,...]]></description>
			<content:encoded><![CDATA[Esman Green, the woman who died at Brooklyn&rsquo;s Kings County Hospital Center (KCHC) June 19 after writhing on the floor of its psychiatric emergency ward for a full hour, has apparently died due to blood clots.&nbsp; According to an Associated Press (AP) report, the blood clots were caused &ldquo;by a long period of physical inactivity.&rdquo;<br /><br />Based on surveillance footage obtained by the New York Civil Liberties Union (NYCLU), Green, 49, appeared to be ignored and unattended while hospital workers and other patients in the room, did nothing.&nbsp; Green was in the KCHC psychiatric ward waiting area for over 24 hours before she began convulsing, collapsed, and died.&nbsp; Eventually, a nurse approached Green&rsquo;s body and nudged it with her foot.&nbsp; This <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">medical negligence</a> occurred while that unit&rsquo;s attending psychiatrist and two security guards&mdash;who all appeared to have noticed Green&rsquo;s prone body on at least three occasions&mdash;were in the vicinity, but failed to act or even acknowledge what was happening.<br /><br />Following an autopsy and weeks of tests, the AP reports that &ldquo;the medical examiner's office concluded Friday that Green was killed by pulmonary thromboemboli, blood clots that form in the legs and travel through the bloodstream to the lungs.&nbsp; The medical examiner said the clots were due to &lsquo;deep venous thrombosis of lower extremities due to physical inactivity,&rsquo; complicating an underlying psychological illness:&nbsp; Chronic paranoid schizophrenia.&rdquo;&nbsp; An attorney for the family said that, &ldquo;The length of time that she spent in the emergency room ... very well may have contributed to her death.&nbsp; Physical inactivity was obviously a significant contributing factor.&quot;<br /><br />Patient records were falsified to indicate that at 6 a.m. and 6:20 a.m.&mdash;when surveillance footage shows Green on the floor&mdash;Green was &quot;awake, up, and about&quot; or sitting quietly.&nbsp; Apparently, the KCHC is so jammed with patients that the sight of a woman stumbling, writhing, collapsing, and dying was not cause for concern.<br /><br />Six people were fired after Green&rsquo;s death at KCHC, which had already been the subject of complaints and lawsuits by advocates for the mentally ill.&nbsp; The Department of Justice began investigating allegations of patient mistreatment at KCHC earlier this year.<br /><br />According to the AP report, &ldquo;EMS workers &hellip; brought Green to KCHC the morning of June 18.&nbsp; The hospital said she was suffering from agitation and psychosis and was involuntarily admitted after refusing medical review.&rdquo;&nbsp; The paper also reports that Green family lawyers said that had Green been &ldquo;carefully attended to when she arrived at the emergency room, doctors might have noticed swelling in her legs and taken action.&#8232;&#8232;People known to be at risk from deep vein thrombosis are often given anticoagulation drugs or compression stockings, which can keep clots from forming, and advised not to sit for hours at a time.<br /><br />Alan Aviles, president of the Health and Hospitals Corporation, said &quot;We failed Esmin Green and believe her family deserves fair and just compensation.&quot;&nbsp; The city Department of Investigation (DOI) is examining the case with the cooperation of the HHC, said DOI spokeswoman Dianne Struzzi.&nbsp; The Brooklyn DA&rsquo;s office is also involved, and will decide whether to prosecute, Struzzi said<br /><br />]]></content:encoded>
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		<title>Woman Dies at Kings County Hospital While Staffers Do Nothing</title>
		<link>http://www.yourlawyer.com/articles/read/14697</link>		
		<pubDate>Wed, 02 Jul 2008 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/14697</guid>
		<description><![CDATA[Last night&rsquo;s news led with graphic video evidence of medical malpractice taken two weeks ago by a Kings County Hospital Center (KCHC) surveillance camera of a patient writhing on the floor while other patients and staffers seemed to be ignoring her.Esman Green, a 49-year-old Jamaican woman and patient at the Kings County Hospital Center in Brooklyn was allowed to die last month, unattended and seemingly ignored, on the floor of the Kings...]]></description>
			<content:encoded><![CDATA[<br />Last night&rsquo;s news led with graphic video evidence of <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">medical malpractice</a> taken two weeks ago by a Kings County Hospital Center (KCHC) surveillance camera of a patient writhing on the floor while other patients and staffers seemed to be ignoring her.<br /><br />Esman Green, a 49-year-old Jamaican woman and patient at the Kings County Hospital Center in Brooklyn was allowed to die last month, unattended and seemingly ignored, on the floor of the Kings County psychiatric emergency ward, according to officials.&nbsp; The New York Civil Liberties Union (NYCLU) released the video, which shows Green slumping out of her chair and going into convulsions as workers and fellow patients walked by her, doing nothing.&nbsp; Green had been in the King&rsquo;s County psychiatric ward waiting area for over 24 hours.&nbsp; She was later pronounced dead.<br /><br />Following her June 19 death, Green's body was moved to the morgue, where it remained until city officials decided to pay for both the cost of the funeral and shipment of her remains back to Jamaica, according to Donna Lieberman, head of the NYCLU who also stated that hospital records state Green was awake and heading to the bathroom when the video showed she was face down on the floor.&nbsp; The NYCLU also says hospital workers falsified the time scale of the incident on Green's medical records.&nbsp;&nbsp; &quot;We are shocked and distressed by this situation.&nbsp; It is clear that some of our employees failed to act based on our compassionate standards of care,&quot; said city Health and Hospitals Corporation president Alan D. Aviles yesterday.<br /><br />Meanwhile, federal and city investigators are considering possible criminal charges and Health and Hospitals Services suspended and fired the staffers involved.<br /><br />City officials turned over the surveillance video to attorneys for the NYCLU and to mental health advocates in connection with a civil-rights lawsuit filed a year ago over the way in which Kings County treated its psychiatric patients.&nbsp; The suit is expected to result today in a preliminary injunction that directs the city, which runs Kings County, to increase its staffing and improve its procedures at the Kings County psychiatric emergency room.&nbsp; &quot;I can't explain what happened there,&quot; said New York City Mayor Michael Bloomberg of the incident.&nbsp; &quot;I think what they said was, 'Oh well people sleep on the floor all the time and I didn't pay any attention.'&nbsp; They shouldn't be sleeping on the floor, number one, and you should pay attention.<br /><br />Robert Nardoza, a spokesman for the Brooklyn U.S. attorney's office, said a criminal civil-rights investigation into KHCH, initiated earlier based on other complaints, will now also review the death.&nbsp; A spokesman for the Brooklyn district attorney's office said any suspected criminality referred to it by the Department of Investigation would be prosecuted.&nbsp; A DOI spokeswoman said the agency was &quot;aware&quot; of the incident.<br /><br />&quot;The reason why this woman died the way she did is because there is a culture of indifference to patients that permeates every aspect of KCHC's psychiatric care.&nbsp; Nothing short of that,&quot; said civil rights lawyer Rob Cohen.<br /><br />]]></content:encoded>
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		<title>Bad Doctors to be Named Under New York Patient Safety Bill</title>
		<link>http://www.yourlawyer.com/articles/read/14640</link>		
		<pubDate>Tue, 24 Jun 2008 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/14640</guid>
		<description><![CDATA[Soon, most doctors who have been charged with misconduct by the New York State Department of&nbsp; Health&nbsp; will not only have their names made public, but they will only have one day to produce those records demanded of them by investigators.&nbsp; This is part of a wide-ranging patient safety bill agreement announced Monday by Governor David A. Paterson.&nbsp; As the governor unveiled the new agreement with legislative leaders in Albany,...]]></description>
			<content:encoded><![CDATA[Soon, most doctors who have been charged with misconduct by the New York State Department of&nbsp; Health&nbsp; will not only have their names made public, but they will only have one day to produce those records demanded of them by investigators.&nbsp; This is part of a wide-ranging patient safety bill agreement announced Monday by Governor David A. Paterson.&nbsp; As the governor unveiled the new agreement with legislative leaders in Albany, he pointed to the case of Dr. Harvey Finkelstein, the notorious Dix Hills doctor who the state Department of Health says put thousands of patients at risk to blood-borne pathogen infections such as hepatitis B and C and HIV/AIDS by reusing syringes.&nbsp;&nbsp;&nbsp; The bill also expands infection control training to now include not just doctors and physician assistants, but those studying to work in those professions.<br /><br />Finkelstein most recently settled a <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">malpractice lawsuit</a> with a Syosset man who claimed he contracted hepatitis C in Finkelstein&rsquo;s office.&nbsp; Unbelievably, Finkelstein has settled an unprecedented 11 malpractice lawsuits inside of a decade.&nbsp; Although Paterson did not mention Finkelstein by name, he did refer to the &quot;case of the Long Island doctor who became very dangerous to the public.&quot;&nbsp; Senator Kemp Hannon (Republican-Garden City), chairman of the Senate health committee, said the bill was created &quot;100 percent because of Finkelstein.&quot;&nbsp; The Finkelstein case and its many challenges provided a basis for what the health department needed to conduct better disciplinary and infectious disease investigations, said state Health Commissioner Dr. Richard Daines.&nbsp; &quot;We are very pleased to streamline and to move the process forward more rapidly,&quot; he said.&#8232;<br /><br />The health department has been strongly criticized by patient advocates after it was revealed it negotiated with Finkelstein for his office records, a process that helped delay public notification to over 10,000 of Finkelstein&rsquo;s patients for an incredible three years.&#8232;&#8232;Finkelstein, is a pain-management doctor who worked primarily from a Plainview office, infecting at least one patient with hepatitis C by reusing syringes in multidose vials.&nbsp; Finkelstein&rsquo;s malpractice record alone should have prompted an investigation by the <a href="http://www.health.state.ny.us/nysdoh/opmc/main.htm">Office of Professional Medical Conduct</a> (OPMC), the health department agency that investigates doctors.&nbsp; It didn&rsquo;t.<br /><br />The new law requires ongoing state review of malpractice records to determine if troubling patterns emerge, prompting inquiry; publicizes the names of doctors formally charged by the Board of Medical Professional Conduct if the three-person panel of two doctors and one lay member voted to do so unanimously; eases the OPMC's ability to obtain a doctor's personal medical records if there is reason to believe he/she is impaired by alcohol or drugs, something currently only obtainable via court order; allows the health department to disclose information to the public &quot;as needed&quot; regarding public health threats; and authorizes the department to direct a doctor to cease any activity uncovered in a communicable disease investigation.&nbsp; The legislation leaves New York among a handful of states that do not conduct public disciplinary hearings. &nbsp;<br /><br />In Finkelstein's case, a hearing was never held and the doctor was placed under state monitoring for three years.&nbsp; Finkelstein continues to practice.<br /><br />]]></content:encoded>
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		<title>Medical Mistakes, Drug Reactions Threaten Children</title>
		<link>http://www.yourlawyer.com/articles/read/14171</link>		
		<pubDate>Tue, 08 Apr 2008 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/14171</guid>
		<description><![CDATA[Medical mistakes and adverse reactions to drugs injure 1 in 15 children admitted to the hospital, a new study finds. That study, published in the journal &quot;Pediatrics&quot;, found that more than 540,000 kids were subjected to the wrong drugs, accidental overdoses and unfavorable reactions every year while hospitalized - far more than was previously thought.The study, conducted by researchers at Stanford University's Lucile Packard Children's...]]></description>
			<content:encoded><![CDATA[<a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">Medical mistakes</a> and adverse reactions to drugs injure 1 in 15 children admitted to the hospital, a new study finds. That study, published in the journal <a href="http://pediatrics.aappublications.org/">&quot;Pediatrics&quot;</a>, found that more than 540,000 kids were subjected to the wrong drugs, accidental overdoses and unfavorable reactions every year while hospitalized - far more than was previously thought.<br /><br />The study, conducted by researchers at Stanford University's Lucile Packard Children's Hospital, involved a review of the charts of 960 randomly selected children from 12 children's hospitals around the United States. The researchers utilized a list of 15 &quot;triggers&quot; that if found on a patients' chart might indicate possible drug-related problems. The triggers included the use of antidotes for drug overdoses, suspicious side effects and lab tests. <br /><br />For every 100 children, the researchers found that 11.1 suffered from adverse drug reactions.&nbsp; Of these, 22 percent were preventable, 17.8 percent could have been identified earlier, and 16.8 percent could have been handled more effectively.&nbsp; Fortunately, the majority of adverse drug reactions - 97 percent - caused minor harm, such as nausea and rashes.&nbsp; Unfortunately, only about 3.7 percent of adverse reactions were identified by standard hospital reports.&nbsp; Overall there were far more adverse reactions to drugs among hospitalized children than once thought.&nbsp; Earlier estimates had said that only 2 children per 100 had suffered adverse reactions while in the hospital.<br /><br />According to the researchers, the drugs that were most commonly misused were pain medications and antibiotics. Most common mistakes included not monitoring patients, prescribing the wrong medicine, or wrong doses, the researchers said. The researchers said that the findings show a need for &quot;aggressive, evidence-based prevention strategies to decrease the substantial risk for medication-related harm to our pediatric inpatient population&quot;.<br /><br />Medical mistakes made news late last year when actor Dennis Quaid's newborn twins were given a near-fatal overdose of heparin.&nbsp; Since then Quaid and his wife have been on a crusade to raise awareness of medical mistakes.&nbsp; &ldquo;These mistakes that happened to us are not unique &hellip; they happen in every hospital, in every state in this country,&rdquo; Quaid&nbsp; said in interview with the TV program &quot;60 Minutes&quot;.&nbsp; &ldquo;It&rsquo;s bigger than AIDS.&nbsp; It&rsquo;s bigger than breast cancer.&nbsp; It&rsquo;s bigger than automobile accidents and, yet, no one seems to really be aware of the problem.&rdquo; <br /><br />Quaid himself praised the new study in an interview with the Associated Press, and had this advice for parents with children in the hospital: &ldquo;Every time a caregiver comes into the room, I would check and ask the nurse what they&rsquo;re giving them and why.&rdquo; <br /><br />]]></content:encoded>
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		<title>Dennis Quaid Speaks Out on Heparin Overdose, Medical Mistakes</title>
		<link>http://www.yourlawyer.com/articles/read/14043</link>		
		<pubDate>Mon, 17 Mar 2008 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/14043</guid>
		<description><![CDATA[Accidental Heparin overdoses are a real threat to patients, says actor Dennis Quaid, who nearly lost his children to a medical mistake.&nbsp; Late last year, the newborn twins of Dennis Quaid and Kimberly Buffington were given a massive, accidental overdose of the blood thinner, Heparin, at California&rsquo;s Cedar-Sinai hospital.&nbsp; The children were given vials of Heparin 1,000 times stronger than what should have been prescribed.&nbsp;...]]></description>
			<content:encoded><![CDATA[Accidental <a href="http://www.yourlawyer.com/topics/overview/heparin">Heparin</a> overdoses are a real threat to patients, says actor Dennis Quaid, who nearly lost his children to a <a href="http://www.yourlawyer.com/topics/overview/medical_malpractice">medical mistake</a>.&nbsp; Late last year, the newborn twins of Dennis Quaid and Kimberly Buffington were given a massive, accidental overdose of the blood thinner, Heparin, at California&rsquo;s Cedar-Sinai hospital.&nbsp; The children were given vials of Heparin 1,000 times stronger than what should have been prescribed.&nbsp; Quaid is now speaking out about medical mistakes and is scheduled for an interview on CBS&rsquo;s &ldquo;60 Minutes&rdquo; this Sunday.&nbsp; Quaid and his wife are suing the drug's manufacturer, Baxter International Inc., for negligence in packaging different doses of Heparin in similar vials with blue backgrounds.&nbsp; Baxter has said the product was safe but that a hospital staffer misread the label.&nbsp; According to Quaid, &quot;the nurse didn't bother to look at the dosage on the bottle.&quot;<br /><br />Baxter&rsquo;s Heparin comes in 10 unit vials for babies and vials up to 10,000 units for adults.&nbsp; The twins were dosed from 10,000 unit vials with two separate over-dosages.&nbsp; The babies began to bleed out just before midnight and were transferred to the neo-natal intensive care.&nbsp; Pharmacy technicians stock Heparin for use in preventing clots and for flushing IVs.&nbsp; Hospital protocol is to keep the different units separated, but a technician accidentally put the 10,000 unit vials in the drawer where the 10 unit vials were stored. &nbsp;<br /><br />Quaid has said that as many as 100,000 Americans are killed in hospitals by medical mistakes.&nbsp; &quot;These mistakes that happened to us are not unique ... they happen in every hospital, in every state in this country,&quot; said Quaid who was speaking in his first TV interview regarding his twins&rsquo; overdose.&nbsp; &quot;It's bigger than AIDS.&nbsp; It's bigger than breast cancer.&nbsp; It's bigger than automobile accidents and, yet, no one seems to really be aware of the problem.&quot;&nbsp; A 1999 report by the U.S. Institute of Medicine agreed stating, &quot;Good people are working in bad systems that need to be made safer.&quot;<br /><br />In a statement last year, the Quaid&rsquo;s said, &quot;We were told by upper Cedars-Sinai administration that our children had received only one 10,000 unit dose of Heparin when in fact they had received two 10,000 unit doses over an eight-hour period that we now know of.&nbsp; The hospital's lack of candor has left us with the uneasy feeling that we may never know the whole story,&quot;.&nbsp; Hospital staff gave the Quaid&rsquo;s two-week-old twins&mdash;Thomas Boone and Zoe Grace&mdash;1,000 times the recommended dose of the blood thinner heparin.&nbsp; &quot;It basically turned their blood to the consistency of water, where it had a complete inability to clot.&nbsp; They were basically bleeding out at that point,&quot; Quaid said.&nbsp; Even worse, the hospital did not notify the Quaid&rsquo;s that anything was wrong until the next day.&nbsp; And, still worse, the Quaids believe someone at the hospital leaked information about the error to the news media.<br /><br />Baxter International is at the epicenter of another Heparin storm in which 21 deaths and over 700 adverse reactions have been reported in the US.&nbsp; It is suspected that a contaminated ingredient from an uninspected Chinese manufacturer might be responsible for those Baxter Heparin problems. &nbsp;<br /><br />]]></content:encoded>
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		<title>Medical Mistakes go Unreported by Many Doctors</title>
		<link>http://www.yourlawyer.com/articles/read/13699</link>		
		<pubDate>Thu, 17 Jan 2008 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/13699</guid>
		<description><![CDATA[Doctors are not very good at reporting medical mistakes.&nbsp; Unfortunately medical mistakes are a big problem&nbsp; - in the 1999 U.S. Institute of Medicine report, To Err Is Human, an estimated 100,000 Americans deaths are tied to a medical mistake.The majority of doctors surveyed as part of a recent study conducted by Dr. Lauris Kaldjian, associate professor of medicine at the University of Iowa Carver College of Medicine, admitted that...]]></description>
			<content:encoded><![CDATA[Doctors are not very good at reporting <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">medical mistakes</a>.&nbsp; Unfortunately medical mistakes are a big problem&nbsp; - in the 1999 <a href="http://www.iom.edu/">U.S. Institute of Medicine report</a>, To Err Is Human, an estimated 100,000 Americans deaths are tied to a medical mistake.<br /><br />The majority of doctors surveyed as part of a recent study conducted by Dr. Lauris Kaldjian, associate professor of medicine at the University of Iowa Carver College of Medicine, admitted that while they are willing to report medical errors, many don't.&nbsp; &quot;There is a gap between physicians' desire to report errors and reporting of errors,&quot; said Kaldjian who studied 338 doctors from teaching hospitals nationwide.&nbsp; The report is published in the January 14th issue of Archives of Internal Medicine. <br /><br />While 73 percent of the doctors said they would disclose medical errors that caused minor medical harm&mdash;and 92 percent said they would report an error that caused major damage, such as death or disability&mdash;only 18 percent said they reported minor errors; four percent said they made a major error and reported it.&nbsp; Worse, 17 percent acknowledged making a minor error and not reporting it, while four percent indicated making, but not disclosing, a major error.&nbsp; Kaldjian said, &quot;We found that only about 55 percent of the respondents knew how to report errors,&quot; adding that &quot;Only 40 percent knew what kind of errors should be reported.&quot;<br /><br />The findings confirm previous research, said Dr. Thomas Gallagher, an associate professor of medicine at the University of Washington who has conducted numerous studies error handling by the medical profession.&nbsp; &quot;The gap comes from a number of areas.&nbsp; Physicians are unfamiliar with the reporting process and their role in it.&nbsp; And a fair number of physicians are not certain how the process works.&nbsp; More important, physicians often are skeptical about whether reporting will have an impact on the quality of medical care that they would like it to.&quot;&nbsp; More feedback from hospitals when an error is reported could improve the situation, Kaldjian said. &quot;It is all the more important that hospitals be clear about why they have this reporting system and how the information from it will be used,&quot; he said.<br /><br />Meanwhile, another recent report by a Washington D.C.-based consumer advocacy group feels more work is needed to make the public aware of the those doctors who are repeat offenders in the medical malpractice arena.&nbsp; In addition to recommending improvements in patient safety and healthcare providers training, the report stressed the importance of disciplining repeat offenders.&nbsp; Unbelievably, only 33% of the medical doctors who made 10 or more malpractice payments were disciplined by their state medical board and some doctors&mdash;with as many as 31 medical malpractice payments&mdash;have never been subjected to any disciplinary action.&nbsp; To make matters worse, a new survey suggests nearly all doctors do not turn in their less-than-ethical colleagues, indicating disconnects between what doctors say is the right thing to do and what they actually do.&nbsp; In a survey of over 3,000 doctors, over 90 percent of those responding&mdash;nearly half&mdash;said physicians should always report an impaired or incompetent colleague or when they witness a significant medical mistake.&nbsp; But, 45 percent said they hadn't always done so.<br /><br />]]></content:encoded>
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		<title>HIV Misdiagnosis Nets 2.5 Million Jury Award</title>
		<link>http://www.yourlawyer.com/articles/read/13500</link>		
		<pubDate>Thu, 13 Dec 2007 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/13500</guid>
		<description><![CDATA[An HIV misdiagnosis lawsuit has resulted in a $2.5 million malpractice verdict against a Massachusetts physician.&nbsp; In her HIV misdiagnosis lawsuit against a doctor who treated her, Audrey Serrano said the powerful combination of drugs she took triggered a string of ailments, including depression, chronic fatigue, loss of weight and appetite, and inflammation of the intestine. Serrano received HIV treatments for almost nine years before...]]></description>
			<content:encoded><![CDATA[An HIV misdiagnosis lawsuit has resulted in a $2.5 million <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">malpractice</a> verdict against a Massachusetts physician.&nbsp; In her HIV misdiagnosis lawsuit against a doctor who treated her, Audrey Serrano said the powerful combination of drugs she took triggered a string of ailments, including depression, chronic fatigue, loss of weight and appetite, and inflammation of the intestine. Serrano received HIV treatments for almost nine years before discovering she never actually had <a href="http://www.cdc.gov/hiv/">HIV</a>, the virus that causes AIDS. &nbsp;<br /><br />Serrano, 45, said she cried after hearing the verdict Wednesday in Worcester Superior Court and was gratified that the jury believed her adding that she planned on finishing school and would continue helping others.&nbsp; Part of her plan included finding another physician to help her with the ailments that have cropped up as a result of the inappropriate medical care she received.<br /><br />Serrano's attorney, David Angueira, said Dr. Kwan Lai, who treated Serrano at the University of Massachusetts Medical Center in Worcester's HIV clinic, repeatedly failed to order definitive tests, this even after monitoring of Serrano's treatment never indicated the presence of HIV in her blood.&nbsp; Angueira described Lai&rsquo;s treatment of Serrano as one of the clearest cases of misdiagnosis he had ever seen and believes the shoddy care was based, in part, on a presumption that people who engage in certain types of conduct are more likely than others to have HIV and AIDS.<br /><br />Lai testified last week that Serrano told her she had worked as a prostitute, her partner had AIDS, and she had suffered three bouts of a type of pneumonia typically associated with those infected by the virus&mdash;Pneumocystis pneumonia.<br /><br />Serrano denied she was ever a prostitute. She confirmed her former boyfriend tested positive for HIV/AIDS, but disputed the claim she told the doctor she had suffered bouts of Pneumocystis pneumonia.&nbsp; Lai testified she had no reason to question Serrano's original diagnosis at another clinic because Serrano had convinced her she had HIV when she took her personal history.&nbsp; She also stated Serrano&rsquo;s blood test revealed abnormal amounts of cells used to fight infections.&nbsp; Lai&rsquo;s attorney Joannie Gulliford Hoban, argued during the trial that Lai had provided standard care to Serrano.&nbsp; But Serrano&rsquo;s attorney stated that his client&rsquo;s case clearly demonstrates how inadequate that procedure was, referring to the testing that Lai conducted.&nbsp; The medical center, which was not named in the lawsuit, has denied wrongdoing in the case.<br /><br />The jury reached its verdict after two days of deliberations, according to Serrano's attorney, adding that damages could total about $3.7 million, including pre-judgment interest.&nbsp; Serrano filed the lawsuit in 2003 after she became suspicious of her diagnosis and had herself tested at another hospital.<br /><br />AIDS stands for Acquired Immunodeficiency Syndrome and refers to the most advanced stages of Human Immunodeficiency Virus (HIV) infection.&nbsp; HIV is a retrovirus leading to AIDS that kills or injures the body's immune system cells and is most commonly spread through unprotected sex with an infected person.&nbsp; AIDS may also spread by sharing drug needles and women can pass AIDS to their babies during pregnancy or childbirth.<br /><br />]]></content:encoded>
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		<title>Dix Hills Doctor Investigation Results in Another 8500 Warning Letters to Patients of Dr. Harvey Finkelstein</title>
		<link>http://www.yourlawyer.com/articles/read/13488</link>		
		<pubDate>Wed, 12 Dec 2007 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/13488</guid>
		<description><![CDATA[The Dix Hills doctor medical malpractice case is getting bigger, as the New York State Department of Health announced that it would be sending letters to another 8500 patients of Dr. Harvey Finkelstein, urging them to get tested for blood borne diseases including hepatitis B, hepatitis C and HIV.&nbsp;&nbsp; By the time these letters go out, the New York State Department of Health will have warned more than 10,000 people &ndash; all of...]]></description>
			<content:encoded><![CDATA[The Dix Hills doctor <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">medical malpractice</a> case is getting bigger, as the New York State Department of Health announced that it would be sending letters to another 8500 patients of Dr. Harvey Finkelstein, urging them to get tested for blood borne diseases including hepatitis B, hepatitis C and HIV.&nbsp;&nbsp; By the time these letters go out, the New York State Department of Health will have warned more than 10,000 people &ndash; all of Finkelstein&rsquo;s patients between 2000 and 2005 &ndash; that they could have been endangered by the poor infection control practices employed by the Dix Hills doctor.<br /><br />Finkelstein, an anesthesiologist since 1981, continues to practice at the Pain Care Center of Long Island and has admitting privileges at the New Island Hospital in Bethpage, the North Shore University Hospital in Plainview, and the Long Island SurgiCenter in Melville.&nbsp;&nbsp; The medical malpractice occurring at the Dix Hills doctor&rsquo;s practice first came to the attention of the <a href="http://www.nassaucountyny.gov/agencies/health/">Nassau County Health Department</a> in December 2004, when it was discovered that two people with Hepatitis C had been treated by Finkelstein, and had received spinal injections at his Long Island practice.&nbsp; In January 2005, state and local health officials investigating the Dix Hills doctor visited Finkelstein to watch him work.&nbsp;&nbsp; The investigators saw Finkelstein reuse syringes on a patient, resulting in a backflow of blood from the previous patient.&nbsp; Apparently, the Dix Hills doctor routinely reused syringes in this way.<br /><br />The Nassau County Health Department initially informed 98 of Finkelstein&rsquo;s patients who had received spinal injection on nine dates in 2004 that they could be at risk.&nbsp; In July 2006, state health department officials decided to seek out all patients who had received injections from Finkelstein between Jan. 1, 2000, and Jan. 15, 2005. It took more than a year for the Nassau County Health Department to go through Finkelstein&rsquo;s records and determine which patients might have been exposed to blood borne pathogens.&nbsp; The health department sent out 628 letters in November, informing people who had been treated by Finkelstein that they are at risk for HIV, Hepatitis C and Hepatitis B. But soon after word of the Dix Hills doctors medical malpractice broke, the health department began getting phone calls from former Finkelstein patients who were worried they had been exposed as well.&nbsp; The tidal wave of phone calls convinced health officials to send out more warning letters.<br /><br />It is not entirely clear why the health department initially decided to warn only 628 of Finkelstein&rsquo;s patients.&nbsp; The state and county health departments are using Finkelstein&rsquo;s billing records &ndash; which included information on more than 4,000 people -to locate as many patients as possible.&nbsp; Unfortunately, the doctor&rsquo;s billing system was changed in 2004, so an unknown number of patients are not included in those records.&nbsp; According to the newspaper Newsday, health officials have so far refused to comment when asked if Finkelstein impeded their investigation in any way.<br /><br />Both the New York State and Nassau County health departments have faced criticism for the way the Dix Hills doctor investigation has been handled.&nbsp; Most of the criticism centers on the fact that health officials waited nearly three years before informing the public that Finkelstein&rsquo;s patients were at risk for blood borne diseases because of his poor infection control practices.<br /><br />]]></content:encoded>
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		<title>Information on Medical Malpractice, Bad Doctors Not Easy to Get</title>
		<link>http://www.yourlawyer.com/articles/read/13476</link>		
		<pubDate>Mon, 10 Dec 2007 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/13476</guid>
		<description><![CDATA[It&rsquo;s far too difficult for people to find out if a doctor they trust is guilty of medical malpractice, a new study by Public Citizen has found.&nbsp;&nbsp; That disturbing fact is not a surprise to anyone who has followed the recent scandal involving Dr. Harvey Finkelstein, a Dix Hills, New York doctor whose poor infection control practices exposed potentially thousands of patients to blood borne diseases.&nbsp;&nbsp; The New York...]]></description>
			<content:encoded><![CDATA[It&rsquo;s far too difficult for people to find out if a doctor they trust is guilty of medical malpractice, a new study by <a href="http://www.citizen.org/">Public Citizen</a> has found.&nbsp;&nbsp; That disturbing fact is not a surprise to anyone who has followed the recent scandal involving Dr. Harvey Finkelstein, a Dix Hills, New York doctor whose poor infection control practices exposed potentially thousands of patients to blood borne diseases.&nbsp;&nbsp; The New York Department of Health waited 34 months before making the public aware of the problems at Finkelstein&rsquo;s office.<br /><br />But a failure to inform the public of <a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">medical malpractice</a> is not isolated to the Dix Hills doctor case. A recent report by the Washington D.C.-based consumer advocacy group concluded that more work needs to be done to make the general public aware of the identity of those doctors who are repeat offenders in the medical malpractice arena.&nbsp; In addition to recommending improvements in patient safety and healthcare providers training, the report stressed the importance of disciplining repeat offenders.&nbsp; Unbelievably, only 33% of the medical doctors who made 10 or more malpractice settlement payments were disciplined by their state medical board and some doctors&mdash;with as many as 31 medical malpractice settlement&nbsp;&nbsp; payments&mdash;have never been subjected to any disciplinary action.<br /><br />Currently, attorneys and patients have no way of knowing who these bad doctors are because the National Practitioner Data Base&rsquo;s public use file conceals practitioners&rsquo; personal information. Public Citizen urged Congress to lift the veil of secrecy which is used to hide doctors who are frequently accused of medical malpractice, especially considering the small percentage of doctors responsible for the majority of the malpractice committed in the United States.&nbsp; While 82% of doctors had not made a medical malpractice settlement payment since 1990, 5.9% of the others accounted for 57.8% of all medical malpractice payments since 1991.<br /><br />The report also pokes a hole in the myth that it is lawsuits that is driving malpractice insurance premiums through the roof and validates what consumer advocates and plaintiff attorneys have been saying for a number of years:&nbsp; There is a great medical malpractice hoax being promoted by the medical community and insurance industry.<br /><br />To make matters worse, a new survey suggests that nearly all doctors do not turn in their less-than-ethical colleagues, indicating disconnects between what doctors say is the right thing to do and what they actually do.&nbsp; Researchers at Massachusetts General Hospital mailed a survey&mdash;and a $20 incentive check&mdash;to over 3,000 doctors.&nbsp; About half answered and some responses renew longstanding questions about the medical profession's ability to regulate itself.&nbsp; Over 90 percent of the doctors answering the survey said physicians should always report an impaired or incompetent colleague or when they witness a significant medical mistake, to the proper authorities.&nbsp; But, 45 percent said they hadn't always done so.<br /><br />One-third of surveyed doctors admitted they would order an unnecessary and expensive MRI scan just to get rid of a complaining patient.&nbsp; One-quarter admitting to referring patients to an imaging center in which they had a financial interest without revealing the conflict of interest, which could violate certain laws.&nbsp;&nbsp; Fewer than one percent said they had lied to patients and three&nbsp; percent reported withholding important information from patients or family members, even though it was something that those people should have known.&nbsp; Eleven percent reported breaching patient confidentiality.&nbsp; On a positive note, two-thirds of the doctors said they accepted patients who are unable to pay and three-fourths said they had volunteered without pay at least once in the last three years.&nbsp; Overall, 28 percent of the responding doctors' patients were uninsured or on Medicaid.<br /><br />By the way, 21 doctors who did not respond to the survey did cash that $20 check.<br /><br />]]></content:encoded>
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		<title>Dix Hills Doctor Medical Malpractice Investigation Grows</title>
		<link>http://www.yourlawyer.com/articles/read/13344</link>		
		<pubDate>Mon, 19 Nov 2007 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/13344</guid>
		<description><![CDATA[Medical Malpractice by a Dix Hills doctor is could become a major public health emergency.&nbsp; Nearly 630 patients recently received a letter from the State Department of Health advising them they could be at risk for hepatitis C and B and HIV, dangerous and life-threatening diseases with long-term and catastrophic effects.&nbsp; A Dix Hills doctor&mdash;Dr. Harvey Finkelstein&mdash;was caught using dirty needles on his patients, routinely...]]></description>
			<content:encoded><![CDATA[<a href="http://www.yourlawyer.com/practice_areas/medical_malpractice">Medical Malpractice</a> by a Dix Hills doctor is could become a major public health emergency.&nbsp; Nearly 630 patients recently received a letter from the State Department of Health advising them they could be at risk for hepatitis C and B and HIV, dangerous and life-threatening diseases with long-term and catastrophic effects.&nbsp; A Dix Hills doctor&mdash;Dr. Harvey Finkelstein&mdash;was caught using dirty needles on his patients, routinely using improper and inappropriate infection control methods, and appears to be responsible for the spread of hepatitis C.<br /><br />Hepatitis C and B are both forms of viral hepatitis transmitted by infected blood, C causes chronic liver disease and B causes fever, debility, and jaundice.&nbsp; HIV is a retrovirus leading to AIDS and also transmitted by blood.&nbsp; Full-blown AIDS is invariably fatal.<br /><br />In late 2004, a <a href="http://www.nassaucountyny.gov/agencies/health/">Nassau County Health Department</a> nurse noticed unusual similarities in two of that year&rsquo;s hepatitis C cases.&nbsp; In both cases, the same Dix Hills doctor had administered spinal injections for back pain at around the same time.&nbsp; One of the two patients treated by Finkelstein for chronic back pain learned he contracted hepatitis C following routine blood work.<br /><br />County officials immediately notified state health authorities who focused their investigation on the Dix Hills doctor and his practice.&nbsp; Finkelstein provided the state with a list of patients who received epidural injections in 2004, allowing a comparison of Finkelstein's patients to the state database of hepatitis C cases.&nbsp; Of those tested, seven were found to have hepatitis C, which included the three initial cases, three known chronic cases, and one newly identified case. Ultimately, this case&mdash;one of the Dix Hills doctor&rsquo;s&mdash;did not contract hepatitis C because of lapses in his infection control practices.<br /><br />Officials from both jurisdictions observed Finkelstein at his Pain Care of Long Island clinic.&nbsp; One patient received two separate epidural spinal injections, which is fine.&nbsp; The problem is that the Dix Hills doctor removed the needle from a previously used syringe, attached a new needle to this syringe, and reused the same syringe to draw up medications and dye from multiple dose vials.&nbsp; Oh, and, backflow of blood was noted.&nbsp; This type of shoddy infection control was determined to be the source of contamination.&nbsp; Finkelstein was notified at once and told not to reuse syringes to draw up medications from multiple dose vials and to immediately dispose of needles and syringes following use.&nbsp; He was also advised, via letter, that practices at his clinic could place patients at risk for blood-borne pathogen transmission.&nbsp; Recommendations to improve infection control, among them basic instructions such as correctly labeling syringes, ensuring unused medications are discarded, and providing soap and towels for each hand washing sink were also outlined.<br /><br />A complaint filed by one of Finkelstein's patients with the Office of Professional Medical Conduct, the state disciplinary board for doctors resulted in the Dix Hills doctor agreed to three-year monitoring; a Finkelstein's spokesman claims the Dix Hills doctor has improved his infection control practices and is cooperating fully with state health officials.<br /><br />Meanwhile, several patients state that Finkelstein assured them that not only were they not at risk, he discouraged from them being tested.<br /><br />]]></content:encoded>
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		<title>Congers family awarded $28 million in wrongful-birth lawsuit</title>
		<link>http://www.yourlawyer.com/articles/read/12520</link>		
		<pubDate>Sat, 10 Feb 2007 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/12520</guid>
		<description><![CDATA[A family has been awarded $28 million in a wrongful-birth lawsuit against a New Jersey doctor and a national medical testing company.  Justin Tineo, a 3-year-old Congers boy born with a rare and deadly genetic condition, was awarded $15 million. His mother, Wanda Tineo, was awarded $13 million by a New Jersey jury for her emotional distress.  Tineo went to a doctor in New Jersey for testing when she found out she was pregnant to determine if the...]]></description>
			<content:encoded><![CDATA[A family has been awarded $28 million in a wrongful-birth lawsuit against a New Jersey doctor and a national medical testing company.<br /> <br /> Justin Tineo, a 3-year-old Congers boy born with a rare and deadly genetic condition, was awarded $15 million. His mother, Wanda Tineo, was awarded $13 million by a New Jersey jury for her emotional distress.<br /> <br /> Tineo went to a doctor in New Jersey for testing when she found out she was pregnant to determine if the fetus had myotubular myopathy.<br /> <br /> The rare disease runs in her family and is marked by a defect in the cell structure of voluntary muscles. It causes low muscle tone.<br /> <br /> Children with the disease have trouble breathing on their own and usually need a ventilator to survive. They generally have a limited life expectancy.<br /> <br /> Tineo was told that tests showed her baby did not have the disease.<br /> <br /> But when he was born in April 2003 at Nyack Hospital, doctors saw right away that he did, the family's lawyer said yesterday.<br /> <br /> <br /> A jury trial in Passaic County, N.J., near where Tineo went for genetic testing, focused on who made the mistake.<br /> <br /> <br /> The Tineos could not be reached for comment yesterday.<br /> <br /> As soon as Justin was born, Nyack doctors contacted Aldo Khoury, the doctor who ordered the tests performed on Wanda Tineo, said the family's lawyer. Khoury is a specialist in high-risk births affiliated with St. Joseph's Regional Medical Center in Paterson, N.J.<br /> <br /> An investigation showed that there was no box for the myotubular myopathy test on the laboratory form filled out by Khoury's office. The doctor did write an order for the test on the form, but the laboratory never performed it, the family's lawyer said.<br /> <br /> &quot;No one ever checked to see if it was done,&quot; he said.<br /> <br /> A jury found that Khoury was 50 percent responsible for the test not being performed.<br /> <br /> LabCorp of America, a nationwide medical testing laboratory, was found by the jury to be 40 percent responsible, and Dr. James Tepperberg, director of the cytogenetics department at LabCorp, was 10 percent responsible, according to the jury, which announced its verdict Thursday.<br /> <br /> Khoury maintained yesterday that he had acted properly when he ordered the tests. He had written the order for the test on the lab form many times before, he said.<br /> <br /> &quot;LabCorp did Ms. Tineo a huge injustice,&quot; he said. &quot;She was very sympathetic to the jury, and they acted accordingly.&quot;<br /> <br /> Pam Sherry, a spokeswoman for LabCorp, based in Burlington, N.C., said yesterday that the company was disappointed with the verdict.<br /> <br /> &quot;We performed the tests we were asked to do and we did them accurately and reported them promptly,&quot; she said. &quot;We did nothing wrong.&quot;<br /> <br /> Khoury and LabCorp both said they were considering an appeal.<br /> <br /> Wanda Tineo knew she was at risk for having a baby with myotubular myopathy because her sister had given birth to two sons with the disease, her lawyer said. Both babies died soon after birth.<br /> <br /> &quot;She had decided that if the tests showed that the baby had myotubular myopathy, she would terminate the pregnancy,&quot; said the family's lawyer.<br /> <br /> Wanda Tineo's husband works as a driver for Bergen County, N.J., said the family's lawyer.<br /> <br /> His insurance plan required that his wife get the genetic tests done by a specialist in New Jersey. That's why she went to Khoury, he said.<br /> <br /> The family's lawyer said both the doctor and LabCorp had enough malpractice insurance to cover the verdict.<br /> <br /> The $15 million awarded to Justin will help pay for the child's medical care. He is on a ventilator, is fed through a feeding tube and needs around-the-clock care.<br /> <br /> Despite his physical limitations, he has normal intelligence, his lawyer said.<br /> <br /> &quot;His intellectual ability is unaffected,&quot; he said. &quot;It's a very sad case.&quot; <br /> ]]></content:encoded>
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		<title>7 children are infected by bacterium at L.A. hospital</title>
		<link>http://www.yourlawyer.com/articles/read/12391</link>		
		<pubDate>Sat, 16 Dec 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/12391</guid>
		<description><![CDATA[White Memorial Medical Center near downtown Los Angeles has closed its neonatal and pediatric intensive care units to new admissions after seven children became infected with a virulent bacterium, including one baby who probably died as a result, hospital officials said Friday.  The Boyle Heights hospital shut its busy neonatal unit Dec. 4 after identifying an outbreak of Pseudomonas aeruginosa, which is believed to have infected five babies. ...]]></description>
			<content:encoded><![CDATA[White Memorial Medical Center near downtown Los Angeles has closed its neonatal and pediatric intensive care units to new admissions after seven children became infected with a virulent bacterium, including one baby who probably died as a result, hospital officials said Friday.<br /> <br /> The Boyle Heights hospital shut its busy neonatal unit Dec. 4 after identifying an outbreak of Pseudomonas aeruginosa, which is believed to have infected five babies.<br /> <br /> Then Friday, White Memorial closed its high-level pediatric unit after learning that two older children were infected with the bacterium. Dr. Rosalio Lopez, the hospital's chief medical officer, said he is unsure if the new cases are linked to the outbreak among babies.<br /> <br /> Neither unit will be reopened until &quot;we believe it is safe for the patients to be admitted,&quot; Lopez said, adding that other parts of the hospital are not affected.<br /> <br /> White Memorial officials said they believe that the most likely cause of the outbreak is improper cleaning of a laryngoscope blade, a piece of equipment used to insert breathing tubes. They are working with local, state and federal health investigators to conclusively determine the source.<br /> <br /> Lopez said the hospital has tightened its infection control practices, notified the families of patients in the affected units and given antibiotics to all babies remaining in the neonatal unit as a precaution.<br /> <br /> &quot;Our first priority is to continue to work with the families affected in this situation,&quot; Lopez said. &quot;We're totally committed to providing our patients safe care.&quot;<br /> <br /> Any critically ill babies born at the hospital now are being taken to a special isolation area to be stabilized before being transferred to other hospitals. High-risk pregnant women are also being advised to consult with their doctors to determine if they should go to White Memorial or another hospital.<br /> <br /> About 90% of the hospital's patients are Latino.<br /> <br /> <strong>'Being extremely cautious'</strong><br /> <br /> Los Angeles County public health officials say that their investigation is ongoing and that the number of infected patients may change as test results come in.<br /> <br /> &quot;They are being extremely cautious,&quot; Dr. Laurene Mascola, chief of the county's acute communicable disease control unit, said of the hospital.<br /> <br /> P. aeruginosa is a common bacterium found in water and soil and can be spread through body contact, fluids and water. In most people, it is not deadly or even dangerous, because their immune systems can ward off infection.<br /> <br /> But that is not the case in patients with weakened immune systems, such as premature babies, patients with cancer or AIDS and those on breathing machines.<br /> <br /> In such situations, the bacterium can cause a variety of infections depending on where it enters the body. These include respiratory, urinary tract and blood infections.<br /> <br /> It can spread rapidly and, in some cases, be unstoppable.<br /> <br /> Babies in the neonatal unit are especially at risk for infections, because they are often connected to ventilators, tubes, monitors and other equipment that give bacteria an easy pathway to the body.<br /> <br /> &quot;It's a group of patients that are very vulnerable,&quot; said Dr. Arjun Srinivasan, a medical epidemiologist at the U.S. Centers for Disease Control and Prevention. &quot;They're very sick, so they are at risk of these infections. The care that's delivered for them is very complicated.&quot;<br /> <br /> The bacterium is particularly deadly for extremely premature and underweight infants, said Dr. Leandro Cordero, director of the newborn intensive care unit at Ohio State University Medical Center. His hospital had an outbreak a decade ago that sickened about 10 infants, most of whom died.<br /> <br /> Babies born before 27 weeks of gestation and weighing less than 2 pounds already have a 40% to 50% chance of dying from other causes, Cordero said. But that mortality rate can rise to 70% to 80% with a P. aeruginosa infection, he said.<br /> <br /> Experts said doctors face a Catch-22 with these tiny patients. They can't live without medical interventions, but such steps can increase their risks of other problems.<br /> <br /> &quot;Those infants have no chance at survival without all the types of invasive devices that they have,&quot; said Dr. William Jarvis, an expert in hospital infections who previously worked at the CDC. &quot;But those devices obviously place those patients at risk, because they are bypassing the normal body defense mechanisms.&quot;<br /> <br /> The bacterium is hardy and like the more familiar Staphylococcus aureus, or staph can develop resistance to common antibiotics. Experts recommend that infected patients be isolated from others and that units known to harbor the bacterium receive deep cleanings.<br /> <br /> Since Nov. 30, 33 patients have been treated in White Memorial's neonatal unit. Of the five babies who were infected, three died, Lopez said, but only one death appears to have been caused by the infection. Eighteen babies showed no signs of the bacterium. The remaining 10 had colonies of P. aeruginosa in their noses or rectums but no signs of infection.<br /> <br /> Thirteen babies remain in the neonatal intensive care unit, Lopez said. The 28-bed unit is in a specialty care tower that opened in April.<br /> <br /> Hospital officials said they are seeking outside reviews of all deaths in the neonatal unit since Nov. 30.<br /> <br /> <strong>Other such outbreaks</strong><br /> <br /> Several outbreaks of P. aeruginosa have been identified previously in neonatal nurseries around the country.<br /> <br /> From 1997 to 1998, 16 newborns died at Children's Hospital of Oklahoma. An investigation found that the bacterium had been found under the fingernails of two nurses, although researchers said they were unsure if that was the mode of infection.<br /> <br /> In 1997, Children's Hospital Boston had to close its neonatal unit after four newborns died from P. aeruginosa infections.<br /> <br /> After a 1999 P. aeruginosa outbreak in which five infants were sickened and one of them died, Prince George's Hospital Center in Maryland hired a full-time technician just to clean equipment in the neonatal unit. It has not seen an outbreak since, said Abdul Zafar, director of infection control for the system that runs the hospital.<br /> <br /> Mascola of L.A. County said her agency did not release information on the outbreak at White Memorial before the hospital came forward Friday, because there was no risk of harm to the general public.<br /> <br /> &quot;We don't go public with any outbreak unless its something that the public needs to know about that's going to affect their health,&quot; she said.<br /> <br /> According to the CDC, about 2 million patients suffer hospital-acquired infections annually, accounting for 90,000 deaths and $4.5 billion in healthcare costs.]]></content:encoded>
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		<title>Off-label drug marketing: Missing the mark</title>
		<link>http://www.yourlawyer.com/articles/read/12204</link>		
		<pubDate>Sun, 22 Oct 2006 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/12204</guid>
		<description><![CDATA[The heart-failure drug Natrecor seemed sure to become a blockbuster after Scios of Fremont put it on the market in 2001.  Besides its use in hospitalized patients, many clinics began giving it to walk-in patients in weekly sessions dubbed ``tuneups.'' Some people including prominent heart specialist Dr. Eric Topol say Scios encouraged this with a hotline and brochure explaining how to bill Medicare for the sessions.  There was only one problem:...]]></description>
			<content:encoded><![CDATA[The heart-failure drug Natrecor seemed sure to become a blockbuster after Scios of Fremont put it on the market in 2001.<br /> <br /> Besides its use in hospitalized patients, many clinics began giving it to walk-in patients in weekly sessions dubbed ``tuneups.'' Some people including prominent heart specialist Dr. Eric Topol say Scios encouraged this with a hotline and brochure explaining how to bill Medicare for the sessions.<br /> <br /> There was only one problem: Some medical experts contend Natrecor was never approved for such tuneups. Some also say it may not be as safe as initially thought.<br /> <br /> Scios says studies show the drug is safe. And it has launched a campaign to clarify to doctors that the drug is not recommended for repeated use in patients in a clinic setting.<br /> <br /> Nevertheless, the drug's sales have sagged and the company is under investigation by the U.S. attorney in San Francisco for allegedly engaging in ``off-label'' marketing, promoting drugs for uses not approved by the government.<br /> <br /> Since this case came to light, critics in two major medical journals have cited Natrecor as an example of how easy it is for drug companies to peddle their medicines for unapproved purposes. Although doctors are allowed to prescribe drugs for off-label treatments, companies are forbidden from promoting their drugs for such uses.<br /> <br /> ``The system is faulty, and there are numerous leaks in the pipe,'' said Aaron Kesselhelm, one of three Harvard medical specialists who published an article this summer in the journal Health Affairs that criticized the use of Natrecor for tuneups.<br /> <br /> But executives at Scios which Johnson &amp; Johnson bought for $2.4 billion in 2003 maintain they and Natrecor have been unfairly tarnished.<br /> <br /> Scios spokeswoman Chris Ernst wouldn't comment about the off-label claims, except to say the company is cooperating with the federal probe. But she stressed that ``patients are our first priority'' and noted that 15 studies of Natrecor in people turned up no cause to believe the drug is risky.<br /> <br /> Nonetheless, Scios said in June it will do another massive study over the next couple of years to definitively assess Natrecor's safety.<br /> <br /> The U.S. Food and Drug Administration approved Natrecor for treating patients with congestive heart failure who have trouble breathing even while doing minimal activity or resting. It has been given to hundreds of thousands of people and its sales hit $395 million in 2004. But since then, the drug has run into trouble.<br /> <br /> After reanalyzing past studies of Natrecor, New York heart specialist Dr. Jonathan Sackner-Bernstein published two reports in 2005, warning the drug seemed linked to worrisome rates of kidney problems and death.<br /> <br /> In disputing Sackner-Bernstein's conclusions, Scios has reported finding only a slightly increased death rate among those taking Natrecor after 30 days. Moreover, after tracking some Natrecor patients over six months, the company said it found virtually no difference in their death rate compared with patients on other medicine.<br /> <br /> Although many patients are given drugs for off-label uses, the practice worries some critics. Doctors often prescribe medicines for purposes not approved by the government based on preliminary studies suggesting they might be effective for such uses. But one expert has said the evidence supporting off-label use is questionable.<br /> <br /> A study published in May by Dr. Randall Stafford, an associate professor of medicine at Stanford University, found about 20 percent of the drugs in a national prescription database were given for off-label purposes. And in most of those cases, he determined, there was little or no evidence the drug was effective for those uses.<br /> <br /> Companies, on the other hand, can face heavy fines for promoting drugs for off-label purposes. But the FDA's ability to halt abuses is limited, said Dr. Sidney Wolfe, who directs Public Citizen's Health Research Group.<br /> <br /> ``They do not have anywhere near the budget they should,'' Wolfe said. ``That is a major reason the drug industry is able to get away with what they do.''<br /> <br /> FDA and Justice Department officials said they don't track how many companies have been prosecuted for off-label marketing. But Ioana Petrou, chief of major crimes for the U.S. attorney in San Francisco, said federal authorities have been paying increasing attention to such practice, given the grave danger it can pose to the public.<br /> <br /> ``In the vast majority of the cases prosecuted, there are misleading statements being made to the medical community by the pharmaceutical companies,'' she said. ``So the patients can't rely on their doctors to tell them what is safe and effective.''<br /> <br /> Petrou said the first off-label case the Justice Department ever prosecuted involved Protropin, made by Genentech of South San Francisco. Although Protropin was approved for treating children with a growth hormone deficiency, the company was accused of promoting it for healthy short children. Genentech denied the charges, but paid $50 million to settle the case in 1999.<br /> <br /> Now Genentech is under investigation for off-label marketing again, this time over Rituxan. In 1997, the FDA approved the drug for treating non-Hodgkin's lymphoma and in February this year also approved its use for rheumatoid arthritis.<br /> <br /> It's unclear what the current investigation by the U.S. Attorney in Philadelphia involves. But a lawsuit by a former Genentech employee has accused the firm and its partner, Biogen Idec, of promoting Rituxan for rheumatoid arthritis before it was approved for that purpose.<br /> <br /> Genentech spokeswoman Caroline Pecquet said the company is cooperating with prosecutors, who she said are expected to call current and former Genentech employees before a grand jury.<br /> <br /> ``We are committed to ethical and legal promotional practices,'' Pecquet added.<br /> <br /> Yet another Bay Area company accused of off-label marketing is InterMune of Brisbane. In July, its executives announced they had created a $30 million reserve in hopes of settling a federal investigation into claims the firm improperly promoted Actimmune. The drug is approved for treating a bone disorder and a condition that makes people prone to infections. But InterMune also was accused of marketing it as a treatment for lung disease.<br /> <br /> InterMune spokeswoman Pam Lord said the probe focuses on former employees.<br /> <br /> The marketing of Natrecor has aroused particular concern because of questions about its safety, especially given the claims that people were receiving repeated injections of the drug in tuneups.<br /> <br /> Using Natrecor occasionally to treat people in out-patient clinics wouldn't necessarily be considered an off-label use of the drug, said Dr. Norman Stockbridge, who directs an FDA division overseeing heart and kidney drugs. But he said giving such patients frequent doses of Natrecor would be an unapproved use.<br /> <br /> Responding to the criticism, Scios convened a panel of medical experts last year to review Natrecor's safety. The group concluded more studies of the drug were warranted. But until then, it recommended that Natrecor should be given only to the seriously ill in hospitals and not in frequent doses to people in outpatient clinics.<br /> <br /> Since the Natrecor controversy erupted last year, doctors familiar with the drug say its use has dropped dramatically. That troubles some doctors who swear by Natrecor, also known as nesiritide.<br /> <br /> ``I am absolutely enthusiastic,'' said Dr. John Luber Jr., a Tacoma, Wa. heart specialist involved in a Scios-sponsored study this year that found Natrecor lessened the likelihood of death among heart surgery patients.<br /> <br /> But in the New England Journal of Medicine last year, Topol, former chair of the Cardiovascular Medicine Department at the Cleveland Clinic in Ohio, cited Natrecor as an example of a serious and widespread public health issue.<br /> <br /> ``We need a tuneup of our procedures to eliminate indiscriminate use of drugs, such as nesiritide, when there is not proper evidence of their safety,'' he warned.]]></content:encoded>
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		<title>Blood centers failures led to death</title>
		<link>http://www.yourlawyer.com/articles/read/12030</link>		
		<pubDate>Fri, 28 Jul 2006 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/12030</guid>
		<description><![CDATA[A hospital patient died last fall after a series of human and computer errors allowed her to receive a lethal transfusion of contaminated platelets from the Community Blood Center.  An instrument used to detect dangerous bacteria had discovered the problem more than 24 hours before the patient received the platelets, but the blood center didn&rsquo;t get the message until it was too late.  The instrument&rsquo;s warning system has multiple...]]></description>
			<content:encoded><![CDATA[A hospital patient died last fall after a series of human and computer errors allowed her to receive a lethal transfusion of contaminated platelets from the Community Blood Center.<br /> <br /> An instrument used to detect dangerous bacteria had discovered the problem more than 24 hours before the patient received the platelets, but the blood center didn&rsquo;t get the message until it was too late.<br /> <br /> The instrument&rsquo;s warning system has multiple safeguards to ensure that tainted blood never leaves the building. But the alarm never got through for three reasons, according to federal regulators:<br /> <ul>   <li> A glitch kept the warning from reaching the blood center&rsquo;s computers.</li>   <li>Blood center personnel had switched off a loud, high-pitched alarm that would have alerted them immediately.</li>   <li>And they failed to check the instrument&rsquo;s control screen, which turns bright yellow when bacteria are found.</li> </ul>    The E. coli-laced platelets were delivered to the University of Kansas Hospital on Nov. 21 and given to a leukemia patient. Within 48 hours she was dead.<br /> <br /> The blood center is being scrutinized by the Food and Drug Administration, which has found problems with operating procedures, staff training and record keeping.<br /> <br /> &ldquo;I clearly regret every bit of this,&rdquo; said Jay Menitove, the center&rsquo;s executive director. &ldquo;We changed policy. We changed procedure. We changed personnel so this never happens again.&rdquo;<br /> <br /> The FDA and the manufacturer of the detection equipment also issued an alert to blood banks that computer errors may keep warnings from reaching their laboratory computers.<br /> <br /> The blood center plays a vital role in health care in the region. It supplies almost all the blood products used by Kansas City area hospitals, as well as scores of hospitals from Topeka to Columbia.<br /> <br /> Rich Pendleton, director of the compliance branch of FDA&rsquo;s Kansas City district office, declined Thursday to comment on the incident.<br /> <br /> &ldquo;Until they can satisfy us they are in compliance, it&rsquo;s an open case,&rdquo; he said.<br /> <br /> However, the FDA&rsquo;s findings &ldquo;shouldn&rsquo;t be a reflection on their blood supply as a whole,&rdquo; Pendleton said.<br /> <br /> The manufacturer of the detection equipment, bioM&eacute;rieux, said in a written statement that its BacT/ALERT 3D instrument used by the blood center &ldquo;accurately identified the blood product as contaminated. The contaminated blood product was unfortunately released by the blood bank.&rdquo;<br /> <br /> The BacT/ALERT system, which is manufactured in St. Louis, is installed in 85 percent of the blood banks in the United States, bioM&eacute;rieux said.<br /> <br /> Both bioM&eacute;rieux and the FDA issued safety alerts in December warning that the system may fail to report blood contamination to a blood bank&rsquo;s laboratory computers when there are errors in stored data.<br /> <br /> The manufacturer also advised blood banks to leave the audible alarm on and have laboratory personnel check the BacT/ALERT&rsquo;s control screen at least once per shift.<br /> <br /> That should have been obvious to blood banks, said Sidney Wolfe, director of Public Citizen&rsquo;s Health Research Group, a patient safety advocacy organization based in Washington, D.C.<br /> <br /> &ldquo;It shouldn&rsquo;t take a letter from the company to tell blood banks not to rely on PCs that can crash,&rdquo; Wolfe said. &ldquo;It&rsquo;s less than clever of a blood bank to turn the alarm off.&rdquo;<br /> <br /> Menitove said the blood center&rsquo;s staff now leave the alarm on and routinely monitor the control screen.<br /> <br /> &ldquo;We thought we had a system that was better than an alarm system,&rdquo; Menitove said. &ldquo;I do believe it was a good system. I thought it was the most robust system. I thought it was a system that could not be shut down.&rdquo;<br /> <br /> However, the system relied on the computer link to the detection instrument.<br /> <br /> &ldquo;Their (bioM&eacute;rieux) PC screwed up,&rdquo; Menitove said.<br /> <br /> BioM&eacute;rieux did not respond to Menitove&rsquo;s statement.<br /> <br /> Platelets are the component of blood responsible for creating clots to arrest bleeding. They are often critically needed by cancer patients whose illness or treatment diminishes their supply.<br /> <br /> Blood safety experts call bacterial contamination of platelets the most common risk of infection from transfusions.<br /> <br /> About one in 1,000 to 3,000 units of platelets each year is tainted with bacteria, causing illness in many patients, according to the Centers for Disease Control and Prevention.<br /> <br /> Roughly seven or eight patients die each year from blood infections caused by contaminated platelets.<br /> <br /> &ldquo;Everyone agrees there&rsquo;s some level of problem, that it&rsquo;s something we need to focus on,&rdquo; said Kathleen Sazama, former president of the American Association of Blood Banks.<br /> <br /> Unlike donated red blood cells that blood banks keep refrigerated, or plasma, which is frozen, platelets must be kept at room temperature.<br /> <br /> That creates an ideal breeding ground for bacteria.<br /> <br /> &ldquo;The bacteria are given a pretty good incentive to grow,&rdquo; said Sazama, who now is conducting research on platelet safety issues at the University of Texas&rsquo; M.D. Anderson Cancer Center.<br /> <br /> Two years ago, the national association required blood banks to have methods in place to limit and detect bacterial contamination of platelets. While several devices like the BacT/ALERT system are available, blood banks are still trying to determine the most effective way to detect contamination, Sazama said.<br /> <br /> &ldquo;There are a lot of platelets that are being discarded,&rdquo; she said. &ldquo;But it&rsquo;s a fragile system.&rdquo;<br /> <br /> Platelets can become contaminated when the needle used to draw blood from a donor punctures the skin and picks up bacteria on the surface. In other cases, donors may have bacteria in their blood in amounts too small to make them ill.<br /> <br /> Menitove said that when the contaminated platelets were collected on Nov. 18, a Friday, the donor appeared to be in good health.<br /> <br /> &ldquo;The donor had no symptoms whatsoever,&rdquo; Menitove said, &ldquo;so my assessment is there is no way of knowing&rdquo; how the platelets became contaminated.<br /> <br /> At 2:54 a.m. that Sunday, the BacT/ALERT system detected bacteria in the platelets.<br /> <br /> But when blood center personnel reported to work the following morning, the detection system alarm was off and no one immediately checked the system&rsquo;s control screen, FDA investigators said in an inspection report.<br /> <br /> At 6:06 a.m. that Monday, the platelets were shipped to the University of Kansas Hospital.<br /> <br /> A few hours later, the patient received the platelets. She quickly fell ill.<br /> <br /> Suspecting a problem with the platelets, the hospital conducted its own tests and found &ldquo;a significant presence of bacteria in what should be a sterile product,&rdquo; a hospital spokesman said in a written statement to The Kansas City Star.<br /> <br /> &ldquo;I was notified (of the contamination) sometime before noon by (blood center) lab people,&rdquo; Menitove said. &ldquo;They took care of the computer problem.&rdquo;<br /> <br /> At 11:38 a.m., the blood center called the hospital and tried to quarantine or recall the platelets. It wasn&rsquo;t until nearly an hour later that the center told the hospital the actual reason why it wanted the platelets back, FDA investigators said in their report.<br /> <br /> E. coli bacteria are fast-growing and potentially deadly because they produce a toxin, Sazama said.<br /> <br /> &ldquo;It&rsquo;s very clear even healthy people would have trouble with a bolus of E. coli,&rdquo; she said. &ldquo;It just overwhelms everything in the body.&rdquo;<br /> <br /> Menitove said he met with members of the patient&rsquo;s family within hours after she died.<br /> <br /> &ldquo;I told them what happened and clearly apologized,&rdquo; he said. &ldquo;I never want to have to do that again.&rdquo;<br /> <br /> After the patient died, FDA investigators spent much of November, December and January at the blood center.<br /> <br /> Among the concerns they raised:<br /> <ul>   <li>Donors of blood components, rather than whole blood, often receive back certain portions of their blood. In one case, a donor may have received damaged red blood cells that could have posed a health risk. The FDA found that center employees had not received formal training about such risks or instruction on how to minimize the health hazards.</li>   <li>Several donors of blood components who experienced problems such as an allergic reaction, vomiting or loss of consciousness were told to donate only whole blood in the future. However, the blood center did not indicate this properly in the donors&rsquo; records. The center also failed to maintain about 244 reports of donor reactions from February through May 2005.</li> </ul> In March, the FDA sent the blood center a letter warning that &ldquo;to date, your response does not provide assurance to our office that you have taken effective measures necessary to prevent recurrence of the deviations.&rdquo;<br /> <br /> &ldquo;That&rsquo;s a problem generally with blood banks; the response is isolated to the symptoms,&rdquo; said Wolfe of Public Citizen. &ldquo;They don&rsquo;t take care of the fundamental problems.&rdquo;<br /> <br /> But Menitove said the center had hired more laboratory staff, given staff more thorough training and changed record-keeping procedures.<br /> <br /> When the blood center proposed further corrective actions, the FDA said in April that it had no objections to them.<br /> <br /> Another inspection will be needed, however, to confirm compliance with regulations, the agency said.<br /> <br /> &ldquo;It shouldn&rsquo;t have happened,&rdquo; Menitove said of the patient&rsquo;s death. &ldquo;It shouldn&rsquo;t happen again.&rdquo;]]></content:encoded>
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		<title>Patient dies from E. coli-tainted blood</title>
		<link>http://www.yourlawyer.com/articles/read/12033</link>		
		<pubDate>Fri, 28 Jul 2006 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/12033</guid>
		<description><![CDATA[A hospital patient died after receiving blood platelets tainted with E. coli bacteria, the Community Blood Center in Kansas City said.  The Food and Drug Administration determined the Dec. 21 transfusion was a &quot;contributing factor&quot; in the death.  &quot;It truly was a tragic incident and a very rare series of mistakes,&quot; David Graham, director of donor recruitment for the blood center, said Wednesday. &quot;We thought we had a...]]></description>
			<content:encoded><![CDATA[A hospital patient died after receiving blood platelets tainted with E. coli bacteria, the Community Blood Center in Kansas City said.<br /> <br /> The Food and Drug Administration determined the Dec. 21 transfusion was a &quot;contributing factor&quot; in the death.<br /> <br /> &quot;It truly was a tragic incident and a very rare series of mistakes,&quot; David Graham, director of donor recruitment for the blood center, said Wednesday. &quot;We thought we had a redundant and robust system. We had multiple failures of that system.&quot; Only one unit of the tainted substance was released, he said.<br /> <br /> E. coli bacteria can cause severe diarrhea and abdominal cramps. Young children and the elderly are at risk for complications that can lead to kidney damage or death. Platelets help with clotting and are used with trauma victims and patients undergoing surgery or cancer treatments.<br /> <br /> Graham said the center tests all of its blood products for various contaminants but accidentally released the platelets in question. After discovering the problem, the center notified the hospital within hours of the hospital receiving the tainted unit of platelets, Graham said, but the unit already had been used, he said.<br /> <br /> The center immediately notified the FDA.<br /> <br /> In a warning letter dated March 9, the FDA chastised the blood center, saying its procedures are &quot;not always maintained and followed.&quot;<br /> <br /> Graham said the problems had been rectified.]]></content:encoded>
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		<title>FDA Pledges Conflict Reforms</title>
		<link>http://www.yourlawyer.com/articles/read/12017</link>		
		<pubDate>Tue, 25 Jul 2006 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/12017</guid>
		<description><![CDATA[Responding to criticism that its expert advisory panels are packed with industry-friendly scientists, the Food and Drug Administration pledged Monday to clarify its conflict-of-interest rules and provide greater public disclosure.  But critics said it was not clear that the reforms would stop many doctors and researchers with such conflicts from serving on the panels, whose recommendations can determine the fate of drugs that may be worth...]]></description>
			<content:encoded><![CDATA[Responding to criticism that its expert advisory panels are packed with industry-friendly scientists, the Food and Drug Administration pledged Monday to clarify its conflict-of-interest rules and provide greater public disclosure.<br /> <br /> But critics said it was not clear that the reforms would stop many doctors and researchers with such conflicts from serving on the panels, whose recommendations can determine the fate of drugs that may be worth millions of dollars in corporate profits but also may endanger consumers.<br /> <br /> The FDA has about 50 advisory panels that are supposed to provide impartial technical advice on issues such as over-the-counter allergy medicines, silicone breast implants and chemotherapy drugs with toxic side effects. A study published this year found that 28% of panel members disclosed financial conflicts, but only 1% recused themselves.<br /> <br /> The latest FDA announcement comes as the issue of conflicts of interest among the nation's scientific elite is being hotly debated. <br /> <br /> Legislation pending in Congress would bar the FDA from employing outside experts with any financial ties to companies with a stake in a panel's recommendation whether the companies sponsored the drug in question or manufactured a competing product. <br /> <br /> Defenders of the current system, on the other hand, argue that tightening the rules too much would force the FDA to rely on scientists who lacked expertise in a particular area. <br /> <br /> FDA Deputy Commissioner Scott Gottlieb acknowledged that there were &quot;clearly things we can improve on,&quot; but insisted that the agency must retain the flexibility to grant waivers from conflict-of-interest rules to get the highest quality scientific advice. Drug development has become so specialized that a relatively small number of scientists have the detailed knowledge needed to evaluate a new medication, he said, and most have worked as consultants or advisors to pharmaceutical companies at one time or another. <br /> <br /> Instead of imposing sweeping prohibitions, Gottlieb said, the FDA is working on instructions to ensure that all its advisory committees follow the same procedures in evaluating conflicts of interest and granting waivers.<br /> <br /> &quot;We want to codify this in a public guidance document so people will have a reference to understand what the agency philosophy is,&quot; said Gottlieb. The FDA also intends to make public more details about the waivers it grants to panel members.<br /> <br /> FDA critics said they supported the proposal's intent, but complained that the agency had not released enough detail for them to evaluate whether the changes would improve the situation. <br /> <br /> &quot;Having these waivers be uniform across committees is an excellent idea, but it's hard to support that when one doesn't know whether it would be raising the standards for everybody or lowering them to the lowest common denominator,&quot; said Dr. Peter Lurie of the advocacy group Public Citizen.<br /> <br /> Many FDA critics agree that it would be going too far to ban any ties between FDA advisors and industry.<br /> <br /> Lurie, for example, would allow scientists who own company stock to serve on an advisory panel considering one of its products, provided the stock isn't worth more than $10,000 to $25,000. But he said doctors and researchers who have served as representatives of a company should not be allowed to vote on its products.<br /> <br /> &quot;That's a fair question,&quot; said Gottlieb. &quot;Let's say we were able to draw a bright line around scientific endeavors versus a marketing relationship. We might want to make a decision that it doesn't merit granting a waiver for that relationship.&quot; <br /> <br /> Ultimately, it may take more than a new conflict-of-interest policy to restore the FDA's reputation, which has been tarnished by drug safety lapses such as its failure to identify the heart risks of Vioxx, a painkiller whose manufacturer withdrew it from the market. The agency needs a stronger safety program and a dedicated funding stream to wean it from its dependence on user fees paid by industry, said Dr. Steven Nissen, a top cardiologist at the Cleveland Clinic and an FDA advisor.<br /> <br /> &quot;The FDA is facing a crisis in public confidence after a series of revelations about drug and device safety unprecedented in the history of this previously respected agency,&quot; Nissen said during a panel discussion sponsored by the Center for Science in the Public Interest, an advocacy group that works extensively on nutrition issues. &quot;The American people no longer trust the FDA to protect their health.<br /> <br /> &quot;The entire FDA budget for drug regulation is only about $500 million and relies extensively on user fees,&quot; Nissen added, referring to money drug companies pay for review of new drug applications. &quot;As a consequence, the FDA is financially indebted to the companies it must regulate. This is a fundamental conflict of interest.&quot;<br /> ]]></content:encoded>
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		<title>FDA Scientists Report Their Safety Concerns in Poll</title>
		<link>http://www.yourlawyer.com/articles/read/12008</link>		
		<pubDate>Fri, 21 Jul 2006 00:00:00 -0700</pubDate>
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		<description><![CDATA[More than a third of Food and Drug Administration scientists who responded to a survey said agency officials cared more about speeding new drugs and medical devices to market than ensuring the products were safe.   Thirty-nine percent said the agency wasn't &quot;acting effectively to protect public health,&quot; according to results released Thursday by the Union of Concerned Scientists, an advocacy group.   Whistle-blowers, members of Congress...]]></description>
			<content:encoded><![CDATA[More than a third of Food and Drug Administration scientists who responded to a survey said agency officials cared more about speeding new drugs and medical devices to market than ensuring the products were safe. <br /> <br /> Thirty-nine percent said the agency wasn't &quot;acting effectively to protect public health,&quot; according to results released Thursday by the Union of Concerned Scientists, an advocacy group. <br /> <br /> Whistle-blowers, members of Congress and interest groups have for several years attacked the agency, saying it has been weakened by industry and political influence at the expense of sound science and public health. <br /> <br /> In the questionnaire, 15% of the 997 FDA scientists who responded said they had been asked to &quot;inappropriately&quot; exclude or alter information or conclusions in agency documents for nonscientific reasons. Thirty-two percent said the FDA didn't routinely provide complete and accurate information to the public. And 37% said FDA leaders weren't as committed to product safety as to approving products for sale. <br /> <br /> FDA spokeswoman Susan Bro sharply disputed the findings, criticizing the &quot;unscientific rigor&quot; of the survey and stressing that the agency was committed to protecting the public health. <br /> <br /> &quot;This is a counterproductive exercise based on leading questions and innuendo,&quot; Bro said. <br /> <br /> But congressional critics of the FDA said the survey provided further evidence that the agency's mission of ensuring the safety of drugs and medical devices had been lost. <br /> <br /> Senate Finance Committee Chairman Charles E. Grassley (R-Iowa), who has led a hearing into safety issues with the painkiller Vioxx and is leading an investigation of the antibiotic Ketek, called in a statement for a &quot;major overhaul and a culture change at the highest levels&quot; of the FDA. <br /> <br /> The agency, Grassley said, &quot;needs to reestablish its relationship with its own scientists and distance itself from the drug industry. The FDA needs to get rid of its mind-set that it's a facilitator for the drug industry and become regulator once again. The FDA's focus should be only on science and the public good.&quot; <br /> <br /> The Union of Concerned Scientists is a nonpartisan group that has been critical of the Bush administration's treatment of government scientists. <br /> <br /> Its survey was mailed to 5,918 scientists. <br /> ]]></content:encoded>
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		<title>Prescription Errors Kill, Injure Americans, Report Says</title>
		<link>http://www.yourlawyer.com/articles/read/12004</link>		
		<pubDate>Thu, 20 Jul 2006 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/12004</guid>
		<description><![CDATA[At least 1.5 million Americans are sickened, injured and killed each year by avoidable errors in prescribing, dispensing and taking medications, the influential Institute of Medicine concludes in a major report released today.  Mistakes in giving drugs are so prevalent in hospitals that, on average, a patient will be subjected to a medication error each day he or she fills a hospital bed, the report says.  Following up on its influential 2000...]]></description>
			<content:encoded><![CDATA[At least 1.5 million Americans are sickened, injured and killed each year by avoidable errors in prescribing, dispensing and taking medications, the influential Institute of Medicine concludes in a major report released today.<br /> <br /> Mistakes in giving drugs are so prevalent in hospitals that, on average, a patient will be subjected to a medication error each day he or she fills a hospital bed, the report says.<br /> <br /> Following up on its influential 2000 report on medical errors of all kinds, the Institute, a branch of the National Academies, undertook the most extensive study ever of medication errors at the request of Congress when it passed the Medicare Modernization Act in 2003.<br /> <br /> The report found errors to be not only harmful and widespread, but very costly as well. The extra medical costs of treating drug-related injuries occurring only in hospitals was estimated conservatively to be $3.5 billion a year.<br /> <br /> &quot;The frequency of medication errors and preventable adverse drug events is cause for serious concern,&quot; said Linda R. Cronenwett, dean of the University of North Carolina, Chapel Hill, School of Nursing and co-chair of the panel that researched the report. She and other panel members said that the problem requires immediate action.<br /> <br /> &quot;Everyone in the health care system knows this is a major problem, but there's been very little action and it's generally remained on the back burner,&quot; said panel member Charles Inlander, in an interview. &quot;With this report, we hope to give everyone involved good, hard information on how they can prevent medication errors, and then create some pressure to have them implement it.&quot;<br /> <br /> The errors studied by the Institute included doctors writing illegible prescriptions, nurses giving one patient medication intended for another, and a local pharmacist dispensing 100 milligrams pills rather than the prescribed 50 milligrams. The report spotlighted the case of Betsy Lehman, a 39-year-old health reporter for the Boston Globe who died in 1994 after being given an erroneously high dosage of an experimental chemotherapy agent. At least a quarter of the injuries caused by drug errors are preventable, the report said.<br /> <br /> The report did not address the equally controversial question of whether some drugs should be pulled from the market because of their intrinsic risks or whether the Food and Drug Administration does an adequate job of ensuring that approved drugs are safe for general use. That is the subject of another Institute study expected to be released soon.<br /> <br /> But the panel members did make clear that they believe the pharmaceutical industry and the FDA have not done enough to make information about individual drugs clear and easy for consumers to understand and caregivers to dispense. It also says that too many drugs have very similar names that are easy to confuse and that many medications would be better dispensed in blister packs that make it easier to identify them and easier for consumers to keep remember whether they've already taken that day's dosage.<br /> <br /> The report endorsed much wider use of electronic prescribing, which it says reduces errors. Inlander, president of the People's Medical Society, a Pennsylvania consumer health advocacy group, said that chain pharmacies have been &quot;ahead of the pack&quot; in adopting electronic prescribing. The report asks all health care providers to have plans in place by 2008 to move to electronic prescription writing and receiving, and for doctors to give up their traditional prescription pads by 2010.<br /> <br /> The report's most striking findings concerned errors in hospitals and long-term care facilities, which it said are generally not reported to patients or family members unless they result in injury or death. The panel said all health care organizations should report medication errors to patients whether they cause harm or not.<br /> <br /> Based on existing studies, the panel estimated that drug errors cause at least 400,000 preventable injuries and deaths in hospitals each year, more than 800,000 in nursing homes and facilities for the elderly, and 530,000 among Medicare recipients treated in outpatient clinics. The report said the actual numbers are likely to be much higher.<br /> <br /> Inlander said that the IOM panel sought information about how many people may have died as a result of drug errors, but said the estimates were so different ranging from 7,000 to 50,000 a year that they were not included in the report.<br /> <br /> The report also addresses the issue of errors of &quot;omission&quot; medications that patients should be getting but do not. Panel co-chair J. Lyle Bootman, of the College of Pharmacy of the University of Arizona, Tucson, said yesterday that the panel believed those errors to be as widespread as other errors, but that researchers have not yet quantified the problem. Bootman said that the question of errors of omission is one of many that has to be aggressively researched so that corrective steps can be taken.<br /> ]]></content:encoded>
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		<title>Medical journal misled again</title>
		<link>http://www.yourlawyer.com/articles/read/11998</link>		
		<pubDate>Wed, 19 Jul 2006 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11998</guid>
		<description><![CDATA[Just days after announcing a crackdown on researchers who do not disclose drug company ties, the editor of a prestigious medical journal says she was misled again.  This time, she says, it was by the authors of a study linking severe migraines to heart attacks in women.  All six study authors have done consulting work or received research funding from makers of treatments for migraines or heart-related problems. Their research is appearing today...]]></description>
			<content:encoded><![CDATA[Just days after announcing a crackdown on researchers who do not disclose drug company ties, the editor of a prestigious medical journal says she was misled again.<br /> <br /> This time, she says, it was by the authors of a study linking severe migraines to heart attacks in women.<br /> <br /> All six study authors have done consulting work or received research funding from makers of treatments for migraines or heart-related problems. Their research is appearing today in The Journal of the American Medical Association, a week after the crackdown was announced.<br /> <br /> The authors said they did not report their financial ties because they did not think that they were relevant to the study.<br /> <br /> Catherine DeAngelis, the editor in chief, said The Journal editors did not know about the ties until The Associated Press brought them to her attention late last week.<br /> <br /> She said she would have published the authors&rsquo; associations with drug makers had she known about them.<br /> <br /> Last week, The Journal disclosed that the authors of a depression study failed to report ties to makers of antidepressants. Two months ago, The Journal reported similar omissions from authors of a study linking certain arthritis drugs to cancer.<br /> <br /> The Journal has long required researchers whose articles it will publish to sign statements disclosing all potential financial conflicts. An editorial last week said The Journal was getting tougher. The new policy, effective in January, requires disclosures even before articles are accepted for publication.]]></content:encoded>
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		<title>LA County agrees to settles medical malpractice suit for $890,000</title>
		<link>http://www.yourlawyer.com/articles/read/11993</link>		
		<pubDate>Tue, 11 Jul 2006 00:00:00 -0700</pubDate>
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		<description><![CDATA[A man who claimed he received shoddy treatment for a spinal injury at Los Angeles County-USC Medical Center will receive $890,000 under a settlement approved Tuesday.  The county Board of Supervisors voted to approve the settlement of a medical malpractice lawsuit brought by Robert Maurer.  Maurer, 35, now lives in a nursing facility and can walk only a short distance with the aid of a walker, according to a county counsel memo.  The memo said...]]></description>
			<content:encoded><![CDATA[A man who claimed he received shoddy treatment for a spinal injury at Los Angeles County-USC Medical Center will receive $890,000 under a settlement approved Tuesday.<br /> <br /> The county Board of Supervisors voted to approve the settlement of a medical malpractice lawsuit brought by Robert Maurer.<br /> <br /> Maurer, 35, now lives in a nursing facility and can walk only a short distance with the aid of a walker, according to a county counsel memo.<br /> <br /> The memo said the failure of physicians to &quot;fully evaluate and treat&quot; Maurer before discharging him &quot;fell below the standard of care, and contributed to Mr. Maurer's current neurological status.&quot;<br /> <br /> Maurer was injured in January 2004 when his bicycle collided with a car. He was unable to move his legs and complained of weakness in his hands.<br /> <br /> He was taken to the hospital but doctors never asked for a neurology or neurosurgery consultation, according to the June memo from the county counsel. He was later released without being given any medication or clinic appointments.<br /> <br /> Nine days later, Maurer went to a hospital in Phoenix, where doctors found he had suffered a cervical spinal cord compression. He underwent neck surgery to ease the compression.]]></content:encoded>
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		<title>Cancer Patient Who Had Healthy Kidney Removed By Mistake Reveals Facts Common to Similar Cases</title>
		<link>http://www.yourlawyer.com/articles/read/11519</link>		
		<pubDate>Tue, 21 Mar 2006 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11519</guid>
		<description><![CDATA[Serious surgical mistakes often begin as simple errors that go undetected. Reading the wrong patient&rsquo;s hospital chart or test results, failing to look at an X-ray or looking at one backwards, improperly filled out forms, or marking the wrong surgical site have all resulted in catastrophic mistakes in the operating room.   Sometimes the mistake is discovered during surgery; however, in most cases the error is only revealed afterwards. In...]]></description>
			<content:encoded><![CDATA[<p>Serious surgical mistakes often begin as simple errors that go undetected. Reading the wrong patient&rsquo;s hospital chart or test results, failing to look at an X-ray or looking at one backwards, improperly filled out forms, or marking the wrong surgical site have all resulted in catastrophic mistakes in the operating room. <br /> <br /> Sometimes the mistake is discovered during surgery; however, in most cases the error is only revealed afterwards. In either case, it is usually too late to undo the damage.<br /> <br /> Apparently, the facts leading up to the removal of the wrong (healthy) kidney of a 63-year-old cancer patient followed this familiar, but tragic, pattern. <br /> <br /> The man, John Heron, gave an exclusive interview to sundaymail.co.uk that reveals the type of &ldquo;comedy of errors&rdquo; that often produces the occurrence of what is known as &ldquo;wrong-site surgery.&rdquo;<br /> <br /> In the interview, Mr. Heron stated that before the surgery he clearly told doctors that the pain he was experiencing was on his left side. His right side had already been marked, however, and he was told not to worry. <br /> <br /> At the time, his doctors had not reviewed X-rays that clearly showed the cancerous tumor was on Heron&rsquo;s left kidney.&nbsp;&nbsp;&nbsp; <br /> <br /> Following the surgery, Heron was even told that he was &ldquo;a lucky man.&rdquo; The next day, however, he was told the terrible news after the pathology lab found the kidney that had been removed to be completely healthy.<br /> <br /> Now, as the result of this &ldquo;disastrous&rdquo; mistake, Heron faces years of dialysis and an uncertain future. He must await a donor kidney, which could take two or more years and he must undergo additional surgery to remove the tumor and cancerous portion of his left kidney. <br /> <br /> Even under the best of circumstances should a family member prove to be a compatible donor the surgery would have to wait for at least two years because of the cancer.</p><p>Mr. Heron was admitted to Ayr Hospital earlier this month after doctors discovered a tumor on one of his kidneys. What followed was characterized by his family as a &quot;disastrous&quot; mistake and &ldquo;disastrous professional errors that should never have happened.&rdquo;</p><p>The family is &ldquo;devastated&rdquo; and wants &ldquo;to ensure that everything is now focused upon providing the best medical experience and care for my father.&quot; </p><p>The executive medical director of NHS Ayrshire and Arran apologized to the family on behalf of the hospital, saying: &quot;It is with deep regret I can confirm a patient had a healthy kidney removed. The board at NHS is now planning future medical care for Mr. Heron. <br /></p><p> &quot;Our thoughts are with the patient and family, to whom we apologize for this tragic error.&quot; </p><p>Although treatment for a gallstone problem had revealed a small cancerous tumor on the left kidney, and surgery had been scheduled for March 8, the GP&rsquo;s letter and CT scan report identified the right kidney as the one with the tumor. </p><p>Instead of waiting to examine the X-rays, the surgeon, Riza Murat Gurun, decided to proceed with the operation since Heron had been &ldquo;prepped.&rdquo; </p><p> As we previously reported, in September of last year, two similar cases revealed that such &ldquo;wrong-site surgery&rdquo; and other horrific surgical errors occur all too frequently regardless of the country or the quality of the hospital or doctors involved. </p><p>In the first case (just then being reported by news sources in the UK), 52-year-old Marjorie Patterson had a routine mammogram which supposedly showed a suspicious shadow. After an MRI and biopsy, she was told by telephone that she had an aggressive type of breast cancer. <br /> <br /> When doctors advised her that a mastectomy was needed to save her life, she agreed, and the surgery was performed.<br /> <br /> Three weeks later, doctors admitted the biopsy they had examined belonged to another patient and that Mrs. Patterson never had cancer. </p><p>The Daily Mail reported Mrs. Patterson as stating: &ldquo;No one can understand what it&rsquo;s like to be told you have a disease that could kill you. Then to be told it was a mistake is just disgusting. They can&rsquo;t bring my breast back I am disfigured for life.&rdquo;<br /> <br /> In September, the New York State Health Department announced it was launching an investigation into what happened at Phelps Memorial Hospital Center in Sleepy Hollow, New York, where surgeons removed a man&rsquo;s perfectly healthy kidney instead of his cancerous one.<br /> <br /> Another similar error occurred in the UK in January 2000 when two surgeons removed a man&rsquo;s healthy kidney instead of his diseased one. One of the doctors told a disciplinary panel that he had collected X-rays but had read them the &ldquo;wrong way round.&rdquo; He realized something had gone wrong when, two hours after the surgery, the anesthetist told him that the man had not produced any urine.</p><p> The surgeon then tried to &quot;rescue&quot; the good kidney so that it could be replanted but it had already been put in sterilizing agent and that was not possible. An attempt to get the man&rsquo;s diseased remaining kidney to work was also doomed. </p><p>Five weeks after the botched surgery the 69-year-old man died on 1 March 2000.<br /> <br /> While one would hope these types of horrific mistakes were rare, the truth is they are not. <br /> From 1985 to 1995 alone, the Physicians Insurers Association of America (PIAA) counted 225 claims for wrong-site surgery by its 110,000 doctors in the United States. </p><p>Some other notable cases that came about because of simple mistakes include one in 1995, at Tampa's University Community Hospital, where a surgeon amputated the wrong leg of 51- year-old Willie King. </p><p>The 59-year-old mother of a prominent Indian film star was brought to Sloan-Kettering Cancer Center in New York to have a malignant brain tumor removed. The neurosurgeon operated on the wrong side of her brain. The woman now suffers from severely impaired vision and no awareness of her left side. (Washington Post, 7/25/95). </p><p>A surgeon at Butterworth Hospital in Grand Rapids, Michigan, cut off the wrong breast of a 69-year-old cancer patient during a mastectomy. (USA Today, 3/27/95).</p><p>A surgeon in Boston removed the wrong kidney from a patient after failing to check x- rays that would have revealed this tragic error. (Boston Globe, 6/1/96).</p><p>In a particularly tragic case, Jesica Santillan, a 17 year-old girl from Mexico who was smuggled into the United States to receive treatment for a life-threatening heart condition, waited three years for a donor heart and lungs to be found. <br /></p><p> When the heart and lung transplant, which was supposed to save her life, was finally performed, her condition only worsened. It was then discovered that the heart and lungs she received did not match her blood type. </p><p>Jesica required a second transplant operation two weeks later but the damage to her brain and other organs was irreparable. Jesica experienced brain damage and kidney failure, was ultimately declared brain dead, and removed from a respirator. <br /></p><p> After this tragedy, Duke University Hospital, which admitted it had made an inexcusable medical mistake in cross-checking blood types, initiated a three-person verification system to ensure that the blood type of the donor and recipient match. </p><p>This error, however, wasted two donor hearts and four donor lungs, caused a young girl to lose her one chance at a normal life, inflicted two weeks of unimaginable pain and suffering on the child including the need for a second transplant operation, and it killed her. </p><p>A 67-year-old man named Hurshell Ralls went into surgery for bladder cancer and, while under anesthesia, the surgeon removed his penis and testicles because he concluded that the cancer had spread to the penis. </p><p>No one had ever discussed the possibility of such radical additional surgery with Mr. Ralls who was shocked to learn what had happened to him at a time when he was unable to make a conscious decision about the removal of his penis and testicles. Later, after examining a tissue sample, another doctor concluded that Ralls never had cancer of the penis.</p><p>In May of 2002, Linda McDougal was diagnosed with breast cancer and underwent a double mastectomy at the United Hospital of St. Paul Minnesota. After the surgery, McDougal was told that she had never had cancer. Apparently, her slides had been mixed up with those of another patient.</p><p>As Mr. Heron&rsquo;s case reveals, these tragic, inexcusable errors continue to occur at even the most prestigious hospitals. Simple mistakes and failures to obtain or check critical information repeatedly act to undo even the best safety procedures that are supposed to guard against catastrophic surgical errors. </p>]]></content:encoded>
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		<title>After His Kidney Cancer Goes Undiagnosed 37 Times, Father of Two Dies</title>
		<link>http://www.yourlawyer.com/articles/read/11489</link>		
		<pubDate>Wed, 15 Mar 2006 00:00:00 -0800</pubDate>
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		<description><![CDATA[  Health officials and medical experts in the UK cannot help but wonder why so many horrendous medical errors have come to light in recent months.      Before this week's startling &nbsp;revelation that Peter Cura had died from kidney cancer that had gone undiagnosed some 37 times over 14 months, British medical authorities were already investigating at least three other highly embarrassing situations that had shaken the public's confidence in...]]></description>
			<content:encoded><![CDATA[  <p>Health officials and medical experts in the UK cannot help but wonder why so many horrendous medical errors have come to light in recent months.</p>      <p>Before this week's startling &nbsp;revelation that Peter Cura had died from kidney cancer that had gone undiagnosed some 37 times over 14 months, British medical authorities were already investigating at least three other highly embarrassing situations that had shaken the public's confidence in the nation's healthcare system.</p>      <p>In a period of less than three weeks between mid-January and February 10, the country was shaken by a series of potentially fatal errors by highly qualified doctors and medical personnel. &nbsp;&nbsp;<strong><em>&nbsp;</em>&nbsp;</strong></p>      <p>This unbelievable sequence of events began when it was revealed that numerous mammograms had been mistakenly read as being cancer-free by the same radiologist working at North Manchester General Hospital in Crumpsall and Tafford General in the UK. </p>          <p>At least 28 woman were wrongly advised their scans were negative when, if fact, they actually revealed the presence of breast cancer in its early and more treatable stages.</p>  <p>At least 17 of those women are now suffering from advanced stages of the disease and are at serious risk of dying as a result of the misdiagnoses. The investigation into the matter only promises to uncover more examples of malpractice by this radiologist.</p>      <p>Less than a week later, came another startling report of misread tests at the same medical trust. This time, hospital officials admitted more than 1,000 patients may have been wrongly diagnosed with heart problems by a cardiac technician at Fairfield General Hospital in Bury, Greater Manchester, when, in truth, the readings were actually normal. </p>    <p>Some 1,053 patients have been notified by the hospital that their records must be re-examined due to errors that were found in evaluating echocardiogram tests. </p>    <p>Dr. Ruth Jameson, acting medical director of Pennine Acute Trust, which runs the hospital, said: &quot;This technician, who was supplied by an agency, is no longer doing any work for the Trust.&quot; </p>    <p>According to Dr. Jameson, not all patients who had undergone ultrasound heart scans were affected. Only those who had seen this specific unnamed technician between May 23 and December 7 are at risk of having inaccurate echocardiograms.</p>    <p>Dr Jameson said: &quot;We are hopeful that the particular echocardiograms will not have had a major adverse effect on patients but the only way we can assure our patients that they are having the appropriate care is to carry out this review.&quot; </p>    <p>The review is expected to take several weeks and hospital officials have not yet determined whether any patients were given the wrong medication as a result of the cardiac technician's errors. </p>    <p>Then, possibly the most horrendous error in that appalling trilogy came to light with the disclosure that after undergoing months of treatment for a brain tumor, which included 17 sessions of radiation therapy, a 15-year-old girl was given the &quot;all clear&quot; by her oncologists only be told shortly thereafter that she now faces, brain damage, paralysis, and eventual death, not from her cancer, but from the treatment she received. </p>    <p>As it turned out, at <strong><u>each</u></strong> of her 17 radiotherapy sessions Lisa Norris received a massive overdose of radiation. </p>    <p>This horrible mistake (17 horrible mistakes to be more accurate) has left Lisa in constant pain, and unable to sleep. Her red and blistered body is burned to the point where she must take frequent cold showers simply to cool down. </p>    <p>She was literally cooked from the inside with doses of radiation so excessive that she has been told that there is the distinct likelihood she has suffered irreparable brain damage that may leave her paralyzed and eventually kill her in as little as 10 to 15 years.</p>    <p>Ironically, she has been sentenced to a protracted and hideous death by her doctors and not by the cancer from which they were trying to save her. </p>    <p>The hospital, Beatson Oncology Centre in Glasgow admitted that &quot;human error&quot; had led to Lisa being given overdoses at each of her 17 scheduled radiotherapy sessions. Beatson is the second largest cancer centre in the UK and has a global reputation. </p>    <p>According to <strong><em>The Daily Mail</em></strong>, which has been following this story from the beginning:</p>    <p>Professor Alan Rodger, the center's medical director, said: &quot;My colleagues and I deeply regret the error that has led to Lisa Norris being given an overdose of radiation during her course of treatment. The staff involved with his isolated incident is extremely distraught. Initial meetings have taken place with Lisa and her family and we will do everything in our power to support them in the challenges ahead.&quot; </p>    <p>&quot;I've been told I could be brain damaged, could be paralyzed and in ten to 15 years I might not be here, I could die,&quot; Lisa said. </p>    <p>&quot;I could have a scar on my head or brain which can lead to strokes, heart attacks and whatever else. </p>    <p>&quot;I don't know what is going to happen to me, it could happen in the next six months to a year. We just don't know what is going to happen. </p>    <p>&quot;I've got burns on the back of my neck and ears and they're starting to blister. </p>    <p>&quot;I can't sleep because I can't lie on my back. I can't really do much, my mum has to help me put my clothes on.&quot; </p>    <p>Lisa's distraught parents are not inclined to simply accept the center's apology. They want the five staff members responsible for the errors fired. </p>    <p>Lisa also stated (as reported by <strong><em>The Daily Mail</em></strong>):</p>    <p>&quot;I'm really angry with them, they shouldn't be able to get away with it,&quot; said Lisa, from Girvan, Ayrshire. </p>    <p>&quot;By rights, they should be put out of their jobs and not allowed to work in the NHS ever again because it could happen to somebody else.&quot; </p>    <p>Prior to the bungled radiation therapy, Lisa had undergone chemotherapy that had sickened her and made her hair fall out. Following the radiotherapy, however, Lisa and her parents were told that the tumor was gone.</p>    <p>Shortly thereafter, however, Kenneth and Elizabeth Norris were told that &quot;two consultants were coming to see them.&quot; (<strong><em>Daily Mail</em></strong>). &quot;We knew something was wrong,&quot; said Mrs. Norris, 49. &quot;You never hear of consultants visiting your house, so alarm bells were ringing.&quot; </p>    <p>Her husband, a 50-year-old joiner, said: &quot;It just knocked us for six. We've not been able to sleep a night since. If they can do this to Lisa, they can do this to anyone.&quot; </p>    <p>A full-scale inquiry into that tragic medical blunder was launched.&nbsp; &quot;The inquiry is being conducted by the Department of Health and the radiation protection division of the UK Health Protection Agency.&quot; </p>    <p>&quot;It has not yet emerged how the wrong dose of radiation was administered 17 times.&quot;</p>    <p>&quot;But it is thought that the wrong level was given on Lisa's first session and then repeated because it was written in the notes with no one spotting that it was too high.&quot; (<strong><em>Daily Mail</em></strong>)</p>    <p>Lisa, who is now being home-schooled, will be having an MRI brain scan in three weeks to start the process of assessing her condition.</p>    <p>Martin Ledwick, of Cancer Research UK, said: &quot;Obviously as a health professional working with cancer patients for a number of years I was very shocked and surprised that this happened as I'm aware of all the checks that are in place to avoid this sort of mistake being made.&quot;</p>    <p>By comparison, however, the latest case may very be the worst of all. Could it be possible that doctors had actually failed to diagnose kidney cancer 37 times in 14 months? Apparently, the answer is yes. </p>    <p>Peter Cura, 31, a carpenter from Rainham (UK), was suffering from severe, chronic back pain and was repeatedly examined by hospital staff at <strong><em>Medway Maritime Hospital</em></strong> in Gillingham, Kent. </p>    <p>Classic symptoms of kidney cancer along with numerous scans and six surgeries repeatedly produced a diagnosis of kidney stones. </p>    <p>It was only Mr. Cura's persistence that led to him having a CT scan that showed his left kidney had stopped functioning and required removal. </p>    <p>When that surgery was performed, a three inch malignant tumor was finally discovered. Additional tests showed the cancer had spread throughout Mr. Cura's body. </p>    <p>Nearly 18 months after his initial visit to the hospital, Cura was told his cancer was incurable. He passed away last week. </p>    <p>Just two weeks prior to his tragic death, the father of&nbsp; two (Lewis, 6, and Abbie, 3) had stated:</p>    <p>&quot;I mainly feel anger with the doctor I was seeing at the time. It crossed my mind that it might be cancer. But when I asked the doctor he said, &quot;Definitely not&quot;. </p>    <p>&quot;When the kidney was taken out, it was sent for tests and they found a tumour, 8cm across, but even then we were told there was nothing to worry about. </p>    <p>&quot;I try not to think about it (dying) too much but I am angry about the way the doctor was so blase about it.&quot; </p>    <p>Julia, his wife, who may sue the trust that runs the hospital, added: &quot;We want the hospital to admit what they have done and to do something about it so that others don't have to go through this.&quot; </p>    <p>The family is being represented by Sarah Harman who was quoted as stating: &quot;It is tragic that such a young man with a family should have lost his life in a situation that was avoidable. </p>    <p>&quot;The care provided by Medway Maritime Hospital was far below what he had a right to expect. One mistake can be excused, but in Peter's case there were a series of lost opportunities when his life could have been saved.&quot; </p>    <p>Mr. Cura's ordeal began in April 2002 when he went to the emergency department of Medway Maritime complaining of excruciating back pain. That unbearable pain continued despite undergoing a series of scans and X-rays, and five operations to remove kidney stones. </p>    <p>Although Cura visited the hospital 37 times, often in the emergency and the outpatient departments, the correct diagnosis was never made. Not once at any of these visits was kidney cancer raised as a possible cause. &nbsp;</p>    <p>It was not until December 2003 that he was told the cancer was almost definitely incurable. That diagnosis/prognosis came only after Cura, himself, had insisted on the CT scan that led to his kidney being removed in July 2003.</p>    <p>Although a spokesman for the trust that owns Medway confirmed the delay in diagnosing kidney cancer, he denied that the belated diagnosis had allowed the cancer to spread. The hospital's position is that Cura's condition would have been the same even if they had discovered the cancer from the beginning. </p>    <p>Nonetheless, the spokesman claimed that: &quot;Measures have been put in place to address the issues raised in the claim in the hope of preventing similar such cases.&quot; </p>    <p>When we spoke with an attorney familiar with medical malpractice litigation, he told us that doctors and hospitals faced with indefensible factual situations, such as this one, often take the position that their malpractice did not affect the outcome.</p>    <p>As the attorney stated: &quot;What better position could a defendant who committed clear malpractice take than to claim that the patient was, for all intents and purposes, already dead as a result of his or her disease before the defendant ever became involved? In that way the defendant can argue that nothing could have been done to save the patient even had the proper diagnosis been made immediately.&quot;</p>    <p>Even such a maneuver, however, does little to address the larger issue which is; what is allowing so many extreme cases of medical malpractice to occur in the UK at the present time? &nbsp;&nbsp;</p>    <p>(Sources: <strong><em>Daily Mail</em></strong>; <strong><em>newsinferno.com Archives</em></strong>)</p>]]></content:encoded>
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		<title>Jury Awards $5.6 Million to Man Who Had Screwdriver Shaft Implanted In His Back by Surgeon with &amp;#039;Questionable Background&amp;#039;</title>
		<link>http://www.yourlawyer.com/articles/read/11490</link>		
		<pubDate>Wed, 15 Mar 2006 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11490</guid>
		<description><![CDATA[  During an operation on January 29, 2001, it was discovered that the titanium rods the patient, Arturo Iturralde, was to have inserted in his back were &quot;missing.&quot;    Despite strong warnings from one of the surgical nurses and an assurance from the supplier (Medtronic Sofamor Danek) that new titanium rods could be delivered within 90 minutes, the surgeon, Robert Ricketson, decided that he would use the shaft of a stainless steel...]]></description>
			<content:encoded><![CDATA[  <p>During an operation on January 29, 2001, it was discovered that the titanium rods the patient, Arturo Iturralde, was to have inserted in his back were &quot;missing.&quot;</p>    <p>Despite strong warnings from one of the surgical nurses and an assurance from the supplier (Medtronic Sofamor Danek) that new titanium rods could be delivered within 90 minutes, the surgeon, Robert Ricketson, decided that he would use the shaft of a stainless steel medical screwdriver instead.</p>    <p>Although Ricketson's decision that it would be a good idea to substitute part of a stainless steel screwdriver for a titanium implant would, by itself, probably have justified the verdict, the remainder of the facts make the case even more astonishing.</p>    <p>As it turns out, the hospital, <strong><em>Hilo Medical Center</em></strong>, issued credentials to Ricketson despite the fact that he had been suspended from practicing medicine in Texas and Oklahoma for alleged drug use.</p>    <p>Ricketson had no malpractice insurance and acted as his own attorney at trial. He will probably never be able to pay the judgment against him.</p>    <p>The implanted screwdriver shaft lasted only a week before breaking in Mr. Iturralde's back. A second (and then a third) operation was required to correct the problem created by Ricketson's creative carpentry work. </p>    <p>Iturralde, who was 73 and in poor health, never recovered from the complications of the botched surgery. His condition deteriorated and he died in 2003 at 75. </p>    <p>The jury found Ricketson 65% liable and Hilo Medical Center 35% responsible. The verdict of $5.6 million was made up of $307,000 for &quot;special damages' (medical bills), $1.87 million general damages (conscious pain and suffering), and $3.4 million in punitive damages (100% against Ricketson since Hawaiian law precludes punitive damages against hospitals). </p>    <p>Although Medtronic was also sued, the jury did not find it liable. The company claimed it had sent the original rods (the hospital denied receiving them). Medtronic also argued the surgical team should have checked if the&nbsp; rods were in the operating room before the surgery was started. There was also the fact that it offered to rush replacements to the hospital during the surgery.</p>]]></content:encoded>
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		<title>Drug companies lag on follow-up studies for medicines</title>
		<link>http://www.yourlawyer.com/articles/read/11444</link>		
		<pubDate>Sat, 04 Mar 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11444</guid>
		<description><![CDATA[Drug companies have yet to even begin nearly two in three of the follow-up studies they agreed to undertake once their medicines were on the market, according to a government tally released Friday.Often the drugs received expedited approval from federal regulators on condition that their manufacturers then carry out so-called &quot;post-marketing&quot; studies. The outcome of those studies can lead to changes in how a drug is made, prescribed...]]></description>
			<content:encoded><![CDATA[Drug companies have yet to even begin nearly two in three of the follow-up studies they agreed to undertake once their medicines were on the market, according to a government tally released Friday.<br /><br />Often the drugs received expedited approval from federal regulators on condition that their manufacturers then carry out so-called &quot;post-marketing&quot; studies. The outcome of those studies can lead to changes in how a drug is made, prescribed and used.<br /><br />The Food and Drug Administration said in an annual report that, as of Sept. 30, 65 percent of the 1,231 so-called &quot;post-marketing&quot; drug studies that companies had pledged to carry out were still pending.<br /><br />&quot;That doesn't mean they will never be started,&quot; said Dr. John Jenkins, director of the FDA's Office of New Drugs.<br /><br />Of the 797 studies still pending, commitments for 116 of them were made during the previous year. The clinical trials can take six months to a year to design and launch, Jenkins said.<br /><br />Some studies had been agreed to years earlier, but the FDA didn't provide a breakdown. The pending studies represent a slight dip from the 812 still pending as of a year earlier, according to FDA documents.<br /><br />Dr. Alastair Wood, associate dean of Vanderbilt Medical School, said if the FDA doesn't require the studies to be done, it shouldn't ask for them in the first place.<br /><br />&quot;It's astonishing, really. Their job is to get the studies done and not be an apologist for their not getting done,&quot; Wood said.<br /><br />Alan Goldhammer, of the Pharmaceutical Research and Manufacturers of America, an industry group, said the figures should not be &quot;distorted.&quot;<br /><br />&quot;To be clear, pending does not mean delayed. It does mean, however, that the immense and vitally important tasks of developing research protocols, finding investigators and researchers and even recruiting patients to participate in the study is in process,&quot; Goldhammer said.<br /><br />Dr. Jerry Avorn, a Harvard Medical School professor and author of &quot;Powerful Medicines,&quot; in which he criticizes the FDA's post-marketing system, said the numbers show the system is broken.<br /><br />&quot;This new information is an embarrassing continuation of similar reports issued by FDA each year on the appalling state of the medication safety studies it has `mandated' drug manufacturers to perform,&quot; Avorn said.]]></content:encoded>
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		<title>

Off-label disclosure on drugs proposed</title>
		<link>http://www.yourlawyer.com/articles/read/11424</link>		
		<pubDate>Sat, 25 Feb 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11424</guid>
		<description><![CDATA[Doctors who prescribe medicine for a use not approved by the Food and Drug Administration would have to inform patients of the drug's off-label status under a bill proposed Friday by state Assemblywoman Loni Hancock, D-Berkeley.Hancock said the death of a constituent's daughter spurred her to draft the legislation, which would create a list of specific disclosures doctors must make to obtain patients' informed consent to treatments never...]]></description>
			<content:encoded><![CDATA[Doctors who prescribe medicine for a use not approved by the Food and Drug Administration would have to inform patients of the drug's off-label status under a bill proposed Friday by state Assemblywoman Loni Hancock, D-Berkeley.<br /><br />Hancock said the death of a constituent's daughter spurred her to draft the legislation, which would create a list of specific disclosures doctors must make to obtain patients' informed consent to treatments never evaluated by the<br />FDA.<br /><br />&quot;We make the assumption that drugs that are prescribed or given in the hospital are certified for that use by the FDA,'' Hancock said. &quot;If that's not the case, people have the right to know.''<br /><br />Many medicines that enter the market after being approved for one disease are later legally prescribed for other illnesses. Doctors may use an off-label drug because no approved medicine exists for an ailment or because some research has raised the possibility that an unapproved treatment is as good or better than an FDA-sanctioned remedy.<br /><br />While such prescribing is widespread, off-label drugs at times have been linked to serious side effects and deaths. Hancock said she knows of no state, including California, that orders doctors to tell patients when they are receiving an unapproved treatment.<br /><br />Her bill would obligate doctors and surgeons to inform patients when the FDA has never evaluated the recommended treatment and that &quot;a division of opinion exists as to the efficacy of the use of the medication.'' It would also require doctors to disclose what is known about the side effects of the off-label drug, to outline other possible remedies and to give their reasons for recommending the unapproved treatment instead.<br /><br />Hancock constituent Maddy Oden of Oakland said she is thrilled by the proposed bill. Oden began a campaign for wider disclosure requirements after her 32-year-old daughter, Tatia Oden French, died during childbirth in 2001. Her labor had been induced by the drug Cytotec an ulcer treatment not approved for that use. Oden said doctors may feel that Hancock's legislation challenges their judgment. But patients, not doctors, live with the consequences of treatment, she said.<br /><br />&quot;It is their own health that they're making a decision about,'' Oden said.<br /><br />A spokeswoman for the California Medical Association, Karen Nikos, said the organization will reserve comment on the bill until it has had time to evaluate its language.<br /><br />The drug industry's main trade association, Pharmaceutical Research and Manufacturers of America, also declined comment. The FDA does not regulate doctors, a role left to the states. But the FDA restricts the promotion of off-label uses by drug manufacturers.]]></content:encoded>
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		<title>$8,300,000 Jury awards to patient who suffered brain damage</title>
		<link>http://www.yourlawyer.com/articles/read/11445</link>		
		<pubDate>Fri, 24 Feb 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11445</guid>
		<description><![CDATA[$8,300,000.That's the amount of money a jury here in Superior Court Thursday awarded the family of a woman who was 56 years old when she suffered permanent brain damage as a patient at South Jersey Hospital-Newcomb.Sandy Terris, of Vineland, incapacitated physically by a car accident four days before being admitted to Newcomb in May 1999, showed only some slurred speech and disorientation before she was admitted.Terris, who had been experiencing...]]></description>
			<content:encoded><![CDATA[$8,300,000.<br /><br />That's the amount of money a jury here in Superior Court Thursday awarded the family of a woman who was 56 years old when she suffered permanent brain damage as a patient at South Jersey Hospital-Newcomb.<br /><br />Sandy Terris, of Vineland, incapacitated physically by a car accident four days before being admitted to Newcomb in May 1999, showed only some slurred speech and disorientation before she was admitted.<br /><br />Terris, who had been experiencing nausea and dehydration when she was admitted on May 27, 1999, has a past medical history including Type 1 diabetes.<br /><br />Complaining of pain caused by complications from the diabetes and the effects of the car crash, Terris was given a recommended 4 mg dose of Dilaudid two times over a 12-hour period.<br /><br />A nurse never recorded the first dose administered around noon.<br /><br />After Terris went unconscious that afternoon, physicians failed to link the reaction with the medication because it wasn't recorded.<br /><br />When she got the second dose, she went into cardiac arrest.<br /><br />Soon after, Terris slipped into a coma.<br /><br />Five years of rehabilitation have not been enough to restore the woman to her former self.<br /><br />Terris remains a patient at the Genesis Center, a nursing home in Millville.<br /><br />Her husband, Elliot Terris, said Thursday he holds no ill will toward the hospital.<br /><br />&quot;I'm just glad it's over,&quot; he said. &quot;I have no malice toward the doctors and the nurses. It was a mistake and I hope they don't make it again.&quot;<br /><br />According to Terris' attorney, the mistakes made by Newcomb's staff were numerous.<br /><br />A Hamilton physician hired by the lawyer to evaluate the procedures used in treating Terris said physicians &quot;deviated from accepted standards of nursing care in several ways.<br /><br />&quot;Neither Nurse (Mary Ann) Harris nor Nurse (Christine) Roller questioned an excessively large dose of a potent narcotic analgesic,&quot; Kathleen Ashton wrote in her evaluation. &quot;The recommended adult dose of Dilaudid is 1.5 mg. After administration of the medication ... the nurses caring for Ms. Terris failed to closely monitor their patient's level of consciousness.&quot;<br /><br />The appropriateness of the dosage was subject to debate during the trial.<br /><br />Dr. Allan Cohen, who prescribed the medication, testified 4 mg was a normal dosage.<br /><br />What was more difficult to debate was Roller's failure to document the first dose of Dilaudid until after the second was administered, Cohan said.<br /><br />&quot;After the noon dose, the physical therapist was unable to wake Ms. Terris,&quot; he stated. &quot;Because no one knew there was a noon dose given, they never made the connection. That was a warning. That was a red light flashing. Had they made that connection, they would have not given her the midnight dose.&quot;<br /><br />Cohan added that the hospital failed to react when the physical therapist couldn't arouse the patient.<br /><br />&quot;Also, throughout the day, her blood sugar was rising,&quot; he said. &quot;She wasn't eating well. Nothing was done about that. When you give a potent narcotic to a dehydrated patient, this can be the result.&quot;<br /><br />After Terris slipped into a coma, the hospital did not give her the antidote Narcan.<br /><br />Maybe they didn't make the connection between the Dilaudid and Terris' physical state, according to Cohan.<br /><br />But even if they had administered the drug, it may have been too late, he added.<br /><br />&quot;There was no way that anyone could know how long she was not breathing,&quot; Cohan explained. &quot;We were unable to say whether the Narcan would have made a difference.&quot;<br /><br />Prior to Thursday, an automobile accident settlement of $300,000 awarded last month was said to be one the largest jury payouts in Cumberland County in years.<br /><br />The $8.3 million awarded this week will not be footed by South Jersey Healthcare, which was not found liable for the incident.<br /><br />Jurors found Cohen 70 percent responsible for Terris' disability with Roller 30 percent responsible.<br /><br />&quot;The jury probably felt since Cohen was the attending physician, he was in charge,&quot; Cohan said.<br /><br />Both individuals are covered by malpractice insurance through South Jersey Healthcare.<br /><br />There's still a battle to be won against the insurance companies, Elliot Terris said.<br /><br />&quot;I paid a lot in medical bills, but this isn't going to solve the problem,&quot; he said. &quot;We won something, but now we have to fight.&quot;]]></content:encoded>
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		<title>Florida Lawsuit Claims Young Athlete&amp;#039;s Death the Result of Doctor&amp;#039;s Error</title>
		<link>http://www.yourlawyer.com/articles/read/11348</link>		
		<pubDate>Wed, 15 Feb 2006 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11348</guid>
		<description><![CDATA[It was tragic indeed when 16-year-old IMG Academy student-athlete Christian Chalita's collapsed and died of cardiac arrest during a routine workout in October 2004. The extent of the tragedy was only increased, however, by the possibility that the boy&rsquo;s death could have been prevented.A lawsuit filed by Christian&rsquo;s estate claims Dr. Joseph Soler and Nurse Carol Yarosz: (1) did not give the youth a thorough physical examination; (2)...]]></description>
			<content:encoded><![CDATA[It was tragic indeed when 16-year-old IMG Academy student-athlete Christian Chalita's collapsed and died of cardiac arrest during a routine workout in October 2004. The extent of the tragedy was only increased, however, by the possibility that the boy&rsquo;s death could have been prevented.<br /><br />A lawsuit filed by Christian&rsquo;s estate claims Dr. Joseph Soler and Nurse Carol Yarosz: (1) did not give the youth a thorough physical examination; (2) did not monitor the boy&rsquo;s workouts, and (3) failed to detect his pre-existing heart condition. <br /><br />The suit alleges that the defendants&rsquo; negligence was made all the more culpable by the fact that they were aware that possible heart problems had caused the death of Christian&rsquo;s father at the age of 32.<br /><br />This is the second suit that Christian&rsquo;s mother has filed regarding the incident. Last August, she commenced an action against IMG claiming that it had failed to properly supervise her son&rsquo;s workout on the day he died.<br /><br />Christian was a junior at the IMG Basketball Academy. He had been a student at the sports-training school since the fall of 2002. IMG offers training in several sports for full-time students seeking to become professional athletes.<br /><br />The tragedy occurred in October 2004, when Christian, a basketball player, was on a treadmill at the Academy and suddenly passed out. Although he was rushed to the hospital, he was unable to be saved. <br /><br />Tests revealed that the boy&rsquo;s heart was malformed. One month before his death, however, he had passed a physical examination.]]></content:encoded>
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		<title>Young Cancer Patient Given 17 Massive Overdoses of Radiation that Could Prove Fatal</title>
		<link>http://www.yourlawyer.com/articles/read/11332</link>		
		<pubDate>Fri, 10 Feb 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11332</guid>
		<description><![CDATA[In a period of less than three weeks, the UK has been shaken by a series of inexcusable medical mistakes than have left the public as well as health officials in shocked disbelief. While the public wonders how so many potentially fatal errors could have been made by highly qualified doctors and medical personnel, officials are faced with the task of investigating and explaining the indefensible blunders and restoring confidence in a now badly...]]></description>
			<content:encoded><![CDATA[In a period of less than three weeks, the UK has been shaken by a series of inexcusable medical mistakes than have left the public as well as health officials in shocked disbelief. <br /><br />While the public wonders how so many potentially fatal errors could have been made by highly qualified doctors and medical personnel, officials are faced with the task of investigating and explaining the indefensible blunders and restoring confidence in a now badly damaged healthcare system.&nbsp;&nbsp;&nbsp; <br /><br />This unbelievable sequence of events began two weeks ago when it was revealed that numerous mammograms had been mistakenly read as being cancer-free by the same radiologist working at North Manchester General Hospital in Crumpsall and Tafford General in the UK. <br /><br />To date, at least 28 woman were wrongly advised their scans were negative when, if fact, they actually revealed the presence of breast cancer in its early and more treatable stages. <br /><br />At least 17 of those women are now suffering from advanced stages of the disease and are at serious risk of dying as a result of the misdiagnoses. The investigation into the matter only promises to uncover more examples of malpractice by this radiologist.<br /><br />Less than a week later, came another startling report of misread tests at the same medical trust. This time, hospital officials admitted more than 1,000 patients may have been wrongly diagnosed with heart problems by a cardiac technician at Fairfield General Hospital in Bury, Greater Manchester, when, in truth, the readings were actually normal. <br /><br />Some 1,053 patients have been notified by the hospital that their records must be re-examined due to errors that were found in evaluating echocardiogram tests. <br /><br />Dr. Ruth Jameson, acting medical director of Pennine Acute Trust, which runs the hospital, said: &quot;This technician, who was supplied by an agency, is no longer doing any work for the Trust.&quot; <br /><br />According to Dr. Jameson, not all patients who had undergone ultrasound heart scans were affected. Only those who had seen this specific unnamed technician between May 23 and December 7 are at risk of having inaccurate echocardiograms.<br /><br />Dr Jameson said: &quot;We are hopeful that the particular echocardiograms will not have had a major adverse effect on patients but the only way we can assure our patients that they are having the appropriate care is to carry out this review.&quot; <br /><br />The review is expected to take several weeks and hospital officials have not yet determined whether any patients were given the wrong medication as a result of the cardiac technician&rsquo;s errors. <br /><br />Now, possibly the most horrendous error in this appalling trilogy has come to light. <br /><br />After undergoing months of treatment for a brain tumor that included 17 sessions of radiation therapy, a 15-year-old girl was given the &ldquo;all clear&rdquo; by her oncologists only be told shortly thereafter that she now faces, brain damage, paralysis, and eventual death, not from her cancer, but from the treatment she received. <br /><br />As it turns out, at each of her 17 radiotherapy sessions Lisa Norris received a massive overdose of radiation. <br /><br />This horrible mistake (17 horrible mistakes to be more accurate) has left Lisa in constant pain, and unable to sleep. Her red and blistered body is burned to the point where she must take frequent cold showers simply to cool down. <br /><br />She has literally been cooked from the inside with doses of radiation so excessive that she has been told that there is the distinct likelihood she has suffered irreparable brain damage that may leave her paralyzed and eventually kill her in as little as 10 to 15 years.<br /><br />Ironically, she has been sentenced to a protracted and hideous death by her doctors and not by the cancer from which they were trying to save her. <br /><br />The hospital, Beatson Oncology Centre in Glasgow has admitted that &quot;human error&quot; had led to Lisa being given overdoses at each of her 17 scheduled radiotherapy sessions. Beatson is the second largest cancer centre in the UK and has a global reputation. <br /><br />According to The Daily Mail, which has been following this story from the beginning:<br /><br />Professor Alan Rodger, the center's medical director, said: &quot;My colleagues and I deeply regret the error that has led to Lisa Norris being given an overdose of radiation during her course of treatment. The staff involved with his isolated incident is extremely distraught. Initial meetings have taken place with Lisa and her family and we will do everything in our power to support them in the challenges ahead.&quot; <br /><br />&quot;I've been told I could be brain damaged, could be paralyzed and in ten to 15 years I might not be here, I could die,&quot; Lisa said. &quot;I could have a scar on my head or brain which can lead to strokes, heart attacks and whatever else. <br /><br />&quot;I don't know what is going to happen to me, it could happen in the next six months to a year. We just don't know what is going to happen. &quot;I've got burns on the back of my neck and ears and they're starting to blister. <br /><br />&quot;I can't sleep because I can't lie on my back. I can't really do much, my mum has to help me put my clothes on.&quot; <br /><br />Lisa&rsquo;s distraught parents are not inclined to simply accept the center&rsquo;s apology. They want the five staff members responsible for the errors fired. <br /><br />Lisa also stated (as reported by The Daily Mail: &quot;I'm really angry with them, they shouldn't be able to get away with it,&quot; said Lisa, from Girvan, Ayrshire. <br /><br />&quot;By rights, they should be put out of their jobs and not allowed to work in the NHS ever again because it could happen to somebody else.&quot;<br /><br />Prior to the bungled radiation therapy, Lisa had undergone chemotherapy that had sickened her and made her hair fall out. Following the radiotherapy, however, Lisa and her parents were told that the tumor was gone.<br /><br />Shortly thereafter, however, Kenneth and Elizabeth Norris were told that &ldquo;two consultants were coming to see them.&rdquo; (Daily Mail). &quot;We knew something was wrong,&quot; said Mrs. Norris, 49. &quot;You never hear of consultants visiting your house, so alarm bells were ringing.&quot; <br /><br />Her husband, a 50-year-old joiner, said: &quot;It just knocked us for six. We've not been able to sleep a night since. If they can do this to Lisa, they can do this to anyone.&quot; <br /><br />A full-scale inquiry into this tragic medical blunder has already begun.&nbsp; &ldquo;The inquiry is being conducted by the Department of Health and the radiation protection division of the UK Health Protection Agency.&rdquo; <br /><br />&ldquo;It has not yet emerged how the wrong dose of radiation was administered 17 times.&rdquo;<br /><br />&ldquo;But it is thought that the wrong level was given on Lisa's first session and then repeated because it was written in the notes with no one spotting that it was too high.&rdquo; (Daily Mail)<br /><br />Lisa, who is now being home-schooled, will be having an MRI brain scan in three weeks to start the process of assessing her condition.<br /><br />Martin Ledwick, of Cancer Research UK, said: &quot;Obviously as a health professional working with cancer patients for a number of years I was very shocked and surprised that this happened as I'm aware of all the checks that are in place to avoid this sort of mistake being made.&quot; <br /><br />Nonetheless, the mistake was made (repeatedly) and a young girl&rsquo;s life is now in jeopardy. The series of extreme errors involving highly reputable hospitals and supposedly highly trained doctors and medical personnel revealed over the past three weeks must be explained and their repetition prevented before any measure of public confidence can be restored.]]></content:encoded>
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		<title>Punitive Damage Claim Permitted to Proceed Against NY Doctor Claimed to Have Infected 37 Patients with Hepatitis B</title>
		<link>http://www.yourlawyer.com/articles/read/11281</link>		
		<pubDate>Sun, 05 Feb 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11281</guid>
		<description><![CDATA[Although medical malpractice can sometimes be egregious, such as in the case of &ldquo;wrong-site&rdquo; surgery, the courts in most states are extremely reluctant to permit the recovery of punitive damages. There are a number of reasons for this. Since &ldquo;exemplary&rdquo; (punitive) damages are specifically designed to punish a defendant and to deter similar conduct in the future, it is unlikely that most malpractice cases will ever require...]]></description>
			<content:encoded><![CDATA[Although medical malpractice can sometimes be egregious, such as in the case of &ldquo;wrong-site&rdquo; surgery, the courts in most states are extremely reluctant to permit the recovery of punitive damages. There are a number of reasons for this. <br /><br />Since &ldquo;exemplary&rdquo; (punitive) damages are specifically designed to punish a defendant and to deter similar conduct in the future, it is unlikely that most malpractice cases will ever require such a harsh civil penalty to be imposed. <br /><br />In addition, the conduct involved must be far more than simply negligent; it must be so &ldquo;grossly&rdquo; negligent as to be practically intentional. Willful, wanton, or reckless are terms often used to describe the level of conduct needed to justify the imposition of punitive damages.<br /><br />As a result of the difficulty in meeting these requirements, the number of medical malpractice cases in which punitive damages have been allowed are few indeed. The New York courts have been particularly unwilling to permit such damages to be awarded.<br /><br />Thus, when a New York intermediate appellate court permitted a claim for punitive damages to proceed last month, news of the decision was reported on the front page of the New York Law Journal.<br /><br />While New York&rsquo;s highest court, the Court of Appeals (in Albany), is the final authority on matters involving pure questions of law in the state, the four (intermediate) Appellate Divisions are entrusted with making the final determination when it comes to pure questions of fact and the adequacy of the proof offered on a given factual issue.<br /><br />The Appellate Division (First Department), which has jurisdiction over a large portion of the state&rsquo;s population (Manhattan and the Bronx in New York City) albeit in a small geographical area, determined that the plaintiff had made a sufficient showing in opposition to a pre-trial motion for summary judgment &ldquo;to permit a jury to find that defendant&rsquo;s conduct demonstrated a gross indifference to patient care and a danger to the public.&rdquo; (Williams v. Halpern, 2006 WL 133998, NYLJ 1/23/06 p.25).<br /><br />The Williams case involves claims against Dr. Seymour L. Halpern, a New York City doctor who treated many elderly patients in his Manhattan office. <br /><br />The allegations against Dr. Halpern are that his practices were so lax that they led to as many as 37 of his patients becoming infected with hepatitis B. To date, seven of those patients have filed medical malpractice suits in New York County (Manhattan).<br /><br />Hepatitis B is a serious disease that attacks the liver thereby causing jaundice and fatigue. Those suffering from hepatitis B are highly susceptible to infection and, in chronic cases, the disease can be fatal.<br /><br />Dr. Halpern is claimed to have treated his elderly patients with a monthly regimen that consisted of a combination of injections of medications and vitamins. After another doctor observed that two of Halpern&rsquo;s patients had contracted hepatitis B notwithstanding the fact that neither had an of the risk factors associated with the disease, the New York City Department of Health (DOH) conducted an investigation of Dr. Halpern&rsquo;s practice.<br /><br />The report that followed the investigation stated that &ldquo;evidence to date strongly suggests that defendant Halpern contaminated a minimum of 37 patients with hepatitis.&rdquo; The DOH found Dr. Halpern had apparently spread the disease through the repeated use of a multidose vial containing one of the substances he would inject his patients with that had become contaminated.<br /><br />The judge presiding over the case (and at least one other, Lacterman v. Halpern) found that Dr. Halpern had not only failed to advise the DOH of the problem after several cases of hepatitis B came to his attention, but had also failed to inform some of his patients that they had been infected thus preventing them from seeking timely and proper treatment for the disease.<br /><br />Although punitive damages are rarely permitted in medical malpractice actions in New York, several attorneys we spoke with agreed that the unusual and extreme facts of this case, and those of Dr. Halpern&rsquo;s other infected patients, presented the kind of reckless conduct for which an award of punitive damages was appropriate. <br /><br />It should be pointed out that, while the Appellate Division decision has acknowledged sufficient evidence exists to permit the claim for punitive damages to proceed to trial, it will still be up to a jury to determine if such an award should be made after all of the evidence is presented.]]></content:encoded>
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		<title>Over 1,000 Patients May Have Been Misdiagnosed as Having Heart Problems by Technician Who Misread Test Results</title>
		<link>http://www.yourlawyer.com/articles/read/11284</link>		
		<pubDate>Sat, 04 Feb 2006 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11284</guid>
		<description><![CDATA[Last week, newsinferno.com reported on the story of numerous mammograms having been mistakenly read as being cancer-free by the same radiologist working at North Manchester General Hospital in Crumpsall and Tafford General in the UK. To date, at least 28 woman were wrongly advised their scans were negative when, if fact, they actually revealed the presence of breast cancer in its early and more treatable stages. At least 17 of those women are...]]></description>
			<content:encoded><![CDATA[Last week, newsinferno.com reported on the story of numerous mammograms having been mistakenly read as being cancer-free by the same radiologist working at North Manchester General Hospital in Crumpsall and Tafford General in the UK. <br /><br />To date, at least 28 woman were wrongly advised their scans were negative when, if fact, they actually revealed the presence of breast cancer in its early and more treatable stages. <br /><br />At least 17 of those women are now suffering from advanced stages of the disease and are at serious risk of dying as a result of the misdiagnoses. The investigation into the matter only promises to uncover more examples of malpractice by this radiologist.<br /><br />Now, less than a week later, comes another startling report of misread tests at the same trust. This time, hospital officials admit more than 1,000 patients may have been wrongly diagnosed with heart problems by a cardiac technician at Fairfield General Hospital in Bury, Greater Manchester, when, in truth, the readings were actually normal. <br /><br />Some 1,053 patients have been notified by the hospital that their records must be re-examined due to errors that were found in evaluating echocardiogram tests. <br /><br />Dr. Ruth Jameson, acting medical director of Pennine Acute Trust, which runs the hospital, said: &quot;This technician, who was supplied by an agency, is no longer doing any work for the Trust.&quot; <br /><br />According to Dr. Jameson, not all patients who had undergone ultrasound heart scans were affected. Only those who had seen this specific unnamed technician between May 23 and December 7 are at risk of having inaccurate echocardiograms.<br /><br />Dr Jameson said: &quot;We are hopeful that the particular echocardiograms will not have had a major adverse effect on patients but the only way we can assure our patients that they are having the appropriate care is to carry out this review.&quot; <br /><br />The review is expected to take several weeks and hospital officials have not yet determined whether any patients were given the wrong medication as a result of the cardiac technician&rsquo;s errors.]]></content:encoded>
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		<title>New York Times Reports Danish Drugmaker Paid U.S. Pharmacist to Switch Drugs at Major Drugstore Chain</title>
		<link>http://www.yourlawyer.com/articles/read/11237</link>		
		<pubDate>Mon, 30 Jan 2006 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11237</guid>
		<description><![CDATA[The New York Times has reported that Novo Nordisk A/S, a Danish pharmaceutical company and the world&rsquo;s biggest maker of insulin, may have engaged in improper conduct by paying at least one pharmacist for the Rite-Aid drugstore chain to persuade switches from Eli Lilly&rsquo;s products or to upgrade to more expensive versions of its own.The Times conducted interviews of present and former company officials and examined documents relating to...]]></description>
			<content:encoded><![CDATA[The New York Times has reported that Novo Nordisk A/S, a Danish pharmaceutical company and the world&rsquo;s biggest maker of insulin, may have engaged in improper conduct by paying at least one pharmacist for the Rite-Aid drugstore chain to persuade switches from Eli Lilly&rsquo;s products or to upgrade to more expensive versions of its own.<br /><br />The Times conducted interviews of present and former company officials and examined documents relating to the allegations. Novo has already received a subpoena from the U.S. Attorney for the Eastern District of New York, for marketing and promotional documents related to an investigation into potential criminal conduct in its health-care benefits programs.<br /><br />Novo partnered with Rite Aid Corp. after Lilly reached an agreement on a marketing deal with the Eckerd chain. Novo also hired hundreds of sales representatives in its bid to gain a market share, the Times said. <br /><br />According to two former sales representatives interviewed by the Times, Novo also paid doctors' assistants when prescriptions were switched. According to Reuters: &ldquo;Several former sales representatives said they were told by pharmacists and doctors' assistants that some patients first became aware of the switches when they picked up the new medicines at a pharmacy, the Times said.&rdquo;]]></content:encoded>
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		<title>When Doctors Commit Malpractice, Blaming the Lawyers Is Just Killing the Messenger</title>
		<link>http://www.yourlawyer.com/articles/read/11235</link>		
		<pubDate>Sun, 29 Jan 2006 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11235</guid>
		<description><![CDATA[Special interest groups argue that malpractice insurance premiums have skyrocketed because personal injury awards for conscious pain and suffering have gotten too high. They claim these large awards are often attributable to &ldquo;runaway&rdquo; juries, and are not justified by the facts.&nbsp; Frivolous law suits are also blamed for much of the medical malpractice &ldquo;crisis&rdquo; we are told exists in the U.S. The conclusion this view of...]]></description>
			<content:encoded><![CDATA[Special interest groups argue that malpractice insurance premiums have skyrocketed because personal injury awards for conscious pain and suffering have gotten too high. They claim these large awards are often attributable to &ldquo;runaway&rdquo; juries, and are not justified by the facts.&nbsp; Frivolous law suits are also blamed for much of the medical malpractice &ldquo;crisis&rdquo; we are told exists in the U.S. <br /><br />The conclusion this view of the problem produces is that good doctors are giving up their practices because they cannot afford insurance and fear being sued when they haven&rsquo;t done anything wrong.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <br /><br />As several states consider legislation that would &ldquo;cap&rdquo; medical malpractice awards or otherwise limit an injured party&rsquo;s right to recover, the battle lines are becoming somewhat blurred because the evidence simply does not support the anti-litigation faction.<br /><br />Study after study as well as state insurance records and other statistical evidence have shown that medical malpractice premiums do no bear a direct relationship to the number or size of jury awards or settlements and that the number of large awards are actually decreasing in many jurisdictions.<br /><br />When one considers malpractice in the generic sense (doctor, hospital, nursing, and specialties like dental, podiatric, and HMOs), the evidence is quite compelling that the medical profession is causing its own problems for which attorneys are seeking to hold it responsible. <br /><br />Start with one simple truism. Lawyers never commit medical malpractice, they only sue for it. With that in mind, consider the following facts.<br /><br />It fashionable to side with the physicians and the powerful (and affluent) medical and insurance lobbies that seek to impose limits, or caps, on awards for conscious pain and suffering in medical malpractice cases. <br /><br />The easy targets for the doctors and politicians are the trial lawyers who are actually the only ones protecting the rights of injured people from what is unquestionably a &ldquo;crisis&rdquo; in medical malpractice. <br /><br />The crisis, however, is not in the size of the awards being given to injured people as the public is being asked to believe. Rather, the crisis is the virtual tidal wave of medical malpractice that is occurring every day in America.<br /><br />There are numerous fallacies in the tort law reform arguments and extensive evidence being ignored by those who seek to restrict the rights of people who are severely injured by medical malpractice. <br /><br />Medical malpractice is a departure from good and accepted medical practice which results in injury. Proving that such a &ldquo;departure&rdquo; took place, however, is a formidable task. <br /><br />Many cases that seem legitimate are thrown out by judges or rejected by juries due to lack of evidence on the issue of malpractice. Before a doctor can even be sued for malpractice, a qualified medical expert must review all facts and records relating to the case and render an opinion that there is a viable claim. Many cases fail to make it past this initial threshold and never even make it to court.<br /><br />Once a case actually becomes a medical malpractice lawsuit, it can only succeed if it meets all of the following conditions: (1) the plaintiff must prove that the treatment rendered by the doctor or hospital fell below accepted standards; (2) there is an actual injury; (3) the plaintiff proves the negligence (of omission or commission) caused an injury and that would not have otherwise occurred. (Often, a medical malpractice case will fail because the plaintiff is unable to prove &ldquo;causation.&rdquo; Thus, doctors often concede their malpractice and then argue that it did not matter since the patient would have suffered the same &ldquo;injury&rdquo; anyway. For example: A doctor may concede that he was negligent in failing to diagnose the plaintiff&rsquo;s cancer but claim that the patient would have died even if he had.); and (4) the claim must be brought within the time allotted by the applicable statute of limitations for medical malpractice. (This varies dramatically from state to state as well as between private and public medical facilities. In addition, many states have made the time in which to sue for medical malpractice significantly shorter than that allowed for other types of negligence.)<br /><br />In 1999, the Institute of Medicine, a private non-profit institution, published a report entitled &ldquo;To Err Is Human,&rdquo; which revealed that between 44,000 and 98,000 people, who are hospitalized in America, die each year from medical errors. <br /><br />Medical error can be defined as &ldquo;the failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim including problems in practice, products, procedures, and systems.&rdquo; The fact is, however, no one really knows for sure how many medical errors result in death as they are often not properly reported or not reported at all.<br /><br />In addition, statistics on medical errors are usually based on hospital admission data, completely ignoring medical errors which take place in a doctor&rsquo;s office, nursing homes, or other smaller medical facilities. <br /><br />According to a survey conducted by the National Patient Safety Foundation, 42% of people believed that they had personally experienced a medical error of some kind. Medical malpractice produces a much higher percentage of more severe injuries for several reasons. <br /><br />First: The patient is usually in weakened condition to begin with so even a slight error, which would perhaps go unnoticed when treating a healthy individual, can cause them permanent injury, illness, or even death.<br /><br />Second: Medical malpractice cases involve people who are often not in a proper state of mind to debate the specifics of the treatment that they are given. Even in sound state of mind, however, patients are likely to defer judgment to their physician due to the trust most people have in this kind of trained professional.<br /><br />&nbsp;While hospitals are capable of being ranked in terms of the quality of care they provide and are subject to inspection, investigation, and may be penalized by various government agencies in most states, physicians who make mistakes usually escape any such scrutiny. <br /><br />They are rarely disciplined, suspended, or barred from practicing medicine as a result of their malpractice. They often keep their privileges at the very hospitals in which they committed their malpractice. Many times their malpractice goes unreported even though their superiors are aware of it and even though it has happened on numerous occasions. This is especially so when the doctor involved is the chief of a department or an established specialist.<br /><br />Another fact that is simply ignored by those who wish to protect the medical profession from its own high degree of negligence is the compelling evidence that medical malpractice has reached epidemic proportions. <br /><br />In Utah, for example, state officials found that in a five-year-period, 90,000 mistakes were made in treating hospital patients. In Pennsylvania, one in ten doctors has lost or settled a malpractice lawsuit. In Canada, a recent study revealed that 24,000 patients die in the hospital every year and tens of thousands are crippled, injured, or poisoned due to preventable medical errors. <br /><br />In addition, Canadian hospitals have a higher death rate on weekends which has been attributed to lower levels of staffing. Most experts, however, see these statistics as little more than the tip of the iceberg.<br /><br />According to a 2002 study conducted by the Harvard University School of Public Health along with the Kaiser Family Foundation, four out of every 10 Americans and one out of every three doctors said that they or their family members have been victims of a preventable medical error. In addition, almost 30% of doctors claimed that they had witnessed a serious error in the course of their work in the past year.<br /><br />Research on the issue began at Harvard University in the 1990s after the high-profile case involving the death of Boston Globe reporter Betsy Lehman from a chemotherapy overdose. Massachusetts is known for having one of the best systems in terms of requirements for reporting medical errors.<br /><br />In July of 2004, HealthGrades, a Denver-based health care ranking group, published a study based on a national review of Medicare records. By using a comprehensive list of Patient Safety Indicators (PSI) including accidental puncture or laceration, failure to rescue, and selected infections due to medical care, HealthGrades sought to discover a more realistic figure regarding the number of deaths (and injuries) attributable to medical error. <br /><br />The results of this study were nothing short of shocking:<br /><br />&bull;&nbsp;&nbsp;&nbsp; The 18 PSIs used by HealthGrades contributed to $9.3 billion in excess charges and 32,591 deaths in the United States annually.<br />&bull;&nbsp;&nbsp;&nbsp; Approximately 1.14 million patient safety incidents occurred among the 37 million hospitalizations of Medicare recipients from 2000 to 2002.<br />&bull;&nbsp;&nbsp;&nbsp; PSIs were more prevalent among medical admissions compared to surgical admissions.<br />&bull;&nbsp;&nbsp;&nbsp; Of the 323,993 deaths among patients who experienced one or more PSI from 2000 to 2002, 81% of those deaths were directly attributable to the PSI.<br /><br />The HealthGrades study projected that between 2000 and 2002 there were 195,000 deaths annually, a far cry from the 98,000 estimate given in the IOM report. <br /><br />Pressure from the powerful and extremely well-funded medical, pharmaceutical, and insurance lobbies has conservative lawmakers pushing hard for tort reform including placing limits, or caps, on the amount that a plaintiff can receive for conscious pain and suffering, the most important element of damages in most medical malpractice actions. <br /><br />There has also been a clear trend toward protecting HMOs, medical device manufacturers, and pharmaceutical companies from being sued under any circumstances and regardless of their negligence.<br /><br />Although some claim that &ldquo;trial lawyers,&rdquo; &ldquo;frivolous&rdquo; lawsuits, and &ldquo;runaway&rdquo; juries are the cause of the increase in medical malpractice premiums and the number of lawsuits, the evidence is that no such connection exists.<br /><br />Rather, it is the significant increase in the amount and severity of the malpractice itself which is at the root of the so-called &ldquo;crisis.&rdquo; <br /><br />The unjustified limitations being placed on medical malpractice litigation have caused additional problems for people who have legitimate claims. It is becoming even more difficult to obtain an attorney to represent a victim of malpractice since many attorneys are unable to afford the high cost of litigating such cases. <br /><br />Even if an attorney has adequate resources, the average cost of a malpractice case, which can range anywhere from $25,000 to $50,000 or more, prevents attorneys from even accepting otherwise good cases simply because of their limited value. No other type of personal injury litigation is so unduly undermined by arbitrary restrictions placed on the injured party.<br /><br />Doctors, who, as a result of being fully insured, are almost never exposed to any personal financial liability as a result of their malpractice, are claiming that the insurance which allows them to escape such liability costs too much. <br /><br />In some locations, doctors have even gone on strike, claming that they cannot afford to pay the rising premiums which are meant to protect them as individuals from dealing with potentially expensive and career-ending lawsuits for malpractice.<br /><br />In addition, many of the most serious medical malpractice cases are settled by confidential agreements which allow the doctor (or hospital) and the insurance company to prevent the public from learning about either the settlement or the negligent conduct that led to it. <br /><br />Again, such settlements are voluntarily entered into because there was actionable malpractice which resulted in a serious injury or death and not because a trial lawyer did anything improper or took advantage of an innocent doctor or hospital.<br /><br />These &ldquo;secret&rdquo; settlements are forced on injured plaintiffs by the doctors and insurance companies. Obviously, an attorney would like to publicize his victory and the injured party would like to let others know about the doctor or hospital involved. <br /><br />The insurance industry and medical profession, however, prefer to demand confidentiality because it prevents an accurate account of how many successful medical malpractice claims are being made and it prevents some of the largest settlements from becoming public knowledge. <br /><br />This practice makes it much easier for the medical lobby to justify its claim that malpractice premiums are too high. Imagine if you could keep driving your car into pedestrians, have all of the claims against you paid by way of confidential settlements so that no one knew about them, and then complain to everyone that your insurance premiums are too high.<br /><br />Finally, these confidential settlements never become part of the national or state-wide statistics relating to medical errors and settlement amounts. <br /><br />Doctor&rsquo;s and hospitals unquestionably enjoy far greater insurance protection than most other industries as individuals and the premiums reflect this heightened protection. In addition, the injuries caused by medical malpractice are usually far more serious than those suffered in typical negligence cases. <br /><br />Thus, the premiums must be proportionately higher. For doctors to argue that their premiums are too high is like the owners of the Empire State Building claiming that they should pay the same fire insurance premium as the owner of the corner newsstand.<br /><br />The element of damages designed to place a value on an injured party's past and future pain and suffering (physical and emotional), and the &quot;loss of enjoyment of life&quot; he or she has suffered is the only award that attempts to restore a victim's life to some degree of normalcy.<br /><br />&nbsp;In almost every case, however, money will never be an acceptable substitute for what the victim has lost or for the enormous suffering the victim has suffered and will continue to suffer. To &ldquo;cap&rdquo; this element of damages does every person injured by medical malpractice a grave injustice.<br /><br />Why should someone paralyzed by the negligence of a doctor receive less compensation than someone paralyzed in an automobile accident? Is a leg amputated by a doctor&rsquo;s mistake any less of a catastrophe than a leg amputated by a defective chain saw? <br /><br />Each case should be fairly decided on the basis of the injury and the impact it has on the plaintiff&rsquo;s life. No case should be &ldquo;discounted&rdquo; simply because the person causing the injury is a doctor. Such a distinction is unconscionable.<br /><br />In January 2003, the National Practitioner Data Bank (NPDB) reported that just 5% of U.S. doctors are responsible for 54% of all malpractice. <br /><br />Yet even after a doctor has been found liable for malpractice, there is no guarantee that he or she will be penalized in any way with respect to practicing medicine. In fact, only a small percentage of the worst doctors have their licenses suspended and even fewer have their licenses revoked. <br /><br />The rest are either shifted around (similar to the way in which priests who were known to have abused children were simply transferred to other parishes) or move to another community in the same or another state. <br /><br />In any event, such &ldquo;problem&rdquo; doctors have no difficulty in continuing to practice medicine. Doctors have even been known to move to other countries in order to continue practicing medicine when their ability to do so in the United States has been compromised as a result of extremely serious infractions.<br /><br />It is well known in the medical profession itself that doctors are not always inclined to report their errors, or those of their colleagues, for a number of reasons. These include: (a) the desire to escape punishment; (b) the unwillingness to admit their negligence; (c) the belief that protecting a colleague will somehow ensure the same degree of loyalty from that person when and if the tables are turned; (d) fear of retribution from one or more superiors; (e) a reluctance to bring one&rsquo;s hospital into disrepute; and (f) sheer arrogance.<br /><br />This routine lack of accountability for medical errors is the main reason why they remain so prevalent and continue to be a threat throughout this country and the world. <br /><br />In 2001, the Joint Commission on Accreditation of Healthcare Organizations announced certain standards for medical practice in hospitals in the United States including working actively to prevent medical errors, designing patient safety systems, and encouraging and acting on internal reports of errors. Unfortunately, creating a standard and actually having doctors follow it are two entirely different matters.<br /><br />In the last decade, 84% of Health Maintenance Organizations (HMOs) and 60% of hospitals failed to report medical errors to the government, allowing many health care professionals literally to get away with murder. <br /><br />Such disregard of reporting requirements is as close to having a &ldquo;license to kill&rdquo; as you can come without being James Bond. Consider the ongoing case of Charles Cullen, the registered nurse who may have killed as many as 40 patients at 10 hospitals in New Jersey and Pennsylvania over the course of 16 years. Although Mr. Cullen was investigated on a number of occasions with respect to misusing potentially lethal drugs and was fired or allowed to resign from a number of hospitals, he was permitted to &ldquo;hopscotch&rdquo; from hospital to hospital without the slightest difficulty.<br /><br />Although the penalty for failing to report errors may include the removal of legal protections from the government, this penalty is rarely imposed. <br /><br />While information on incompetent doctors is supposed to be listed in the NPDB, oftentimes reportable incidents fail to make it any further than the hospital they occurred at. <br /><br />The doctors involved are simply given a slap on the wrist and then permitted to return to their duties. A new debate has arisen as to whether the information on the NPDB should be available to the public. <br /><br />Of course doctors are strongly opposed to such an idea, claiming that once a malpractice claim is filed, their record will be tainted even if that claim is unsuccessful.<br /><br />In New York, the Department of Health (DOH) has been criticized for failing to revoke medical licenses in appropriate situations. One cause of this, however, may be the fact that New York City hospitals have been repeatedly cited as being the worst in the state for reporting medical errors, even those resulting in death, to the DOH.<br /><br />&nbsp;In 2001, the state Commissioner of Health, Dr. Antonia C. Novello, stated: &ldquo;People are not unemployable just because they have made a mistake, but when you break the trust of the public good, I don&rsquo;t think you should be able to practice.&rdquo; <br /><br />Yet doctors who have made mistake after mistake are still practicing and still making preventable medical errors. In fact, more than 75% of doctors who were disciplined in the past 8 years began working again after they were punished by the state.<br /><br />What is missing here is a clear and concise plan explaining how hospitals should handle problematic doctors and preventable medical errors. Also missing is a uniform system which provides information on previously disciplined medical professionals so that subsequent employers are aware of their past record. Such a system would have saved many patients from being killed by Charles Cullen in New Jersey and Pennsylvania between 1987 and 2003.<br /><br />As is often the case, money is also part of the problem. Simply stated, no medical facility wants to get rid of a good earner and, as luck would have it, doctors with disciplinary problems are often among the top third of moneymakers at their given hospitals. <br /><br />Doctors who are consistent and plentiful income producers are often praised for their ability to provide a constant patient stream to the hospital while actually avoiding punishment for any questionable practices resulting in preventable medical errors.<br /><br />In this regard, consider the chilling situation that occurred at Redding Medical Center in California. One particular cardiologist was single-handedly responsible for making his small, rural hospital one of the most lucrative business enterprises for its owner, Tenet Healthcare. <br /><br />Unfortunately, the doctor was only able to do this by intentionally making false diagnoses of heart-related problems in order to justify performing hundreds, if not thousands, of unnecessary procedures and surgeries.<br /><br />While other staff members were suspicious of the goings on at the hospital, their concerns were dismissed by their superiors until the scheme was exposed by one patient, a 55-year-old reverend, who sought a second opinion after he was told he needed emergency triple bypass surgery. <br /><br />A highly qualified cardiologist was shocked by the diagnosis and told the patient that his heart was in perfect shape. Federal agents raided the hospital and Tenet was eventually forced to pay $54 million in penalties for the unnecessary heart procedures. <br /><br />This, however, does not change the fact that this single doctor was a staple at the Redding Medical Center for almost two decades and was being protected by his superiors who were only concerned with the enormous annual revenue he produced and not the quality or legitimacy of his practice.<br /><br />Awards for conscious pain and suffering represent compensation for what was taken away from the victims in terms of their ability to enjoy their lives and for the ensuing nightmare that is a direct result of a medical error. <br /><br />Is a maximum award of $250,000 really sufficient? In many cases, that sum is pitifully inadequate. <br /><br />What if a child is brain damaged at birth and, as a result, has his or her entire life snatched away. No childhood experiences, no joy of growing up, no teenage romances, no college memories, no first job, no wedding day, no family of his or her own, no golden years, and no human dignity. Can $250,000 replace all of that?<br /><br />&nbsp;Is that sum enough to compensate a 17-year-old girl for everything she will no longer be able to do if a medical mistake paralyzes her below the waist?<br /><br />In the following cases could anyone truly justify a $250,000 limit for the conscious pain and suffering and the loss of enjoyment of life these people suffered and will continue to suffer for the rest of their lives:<br /><br />Jesica Santillan was a 17 year-old girl from Mexico who was smuggled into the United States to receive treatment for a life-threatening heart condition. She waited three years for a donor heart and lungs to be found. When the heart and lung transplant, which was supposed to save her life, was finally performed, her condition only worsened. <br /><br />It was then discovered that the heart and lungs she received did not match her blood type. Jesica required a second transplant operation two weeks later but the damage to her brain and other organs was irreparable. Jesica experienced brain damage and kidney failure, was ultimately declared brain dead, and removed from a respirator. <br /><br />After this tragedy, Duke University Hospital, which admitted it had made an inexcusable medical mistake in cross-checking blood types, initiated a three-person verification system to ensure that the blood type of the donor and recipient match. <br /><br />This error, however, wasted two donor hearts and four donor lungs, caused a young girl to lose her one chance at a normal life, inflicted two weeks of unimaginable pain and suffering on the child including the need for a second transplant operation, and it killed her.<br /><br />A 67-year-old man named Hurshell Ralls went into surgery for bladder cancer and, while under anesthesia, the surgeon removed his penis and testicles because he concluded that the cancer had spread to the penis. <br /><br />No one had ever discussed the possibility of such radical additional surgery with Mr. Ralls who was shocked to learn what had happened to him at a time when he was unable to make a conscious decision about the removal of his penis and testicles. <br /><br />Later, after examining a tissue sample, another doctor concluded that Ralls never had cancer of the penis.<br /><br />In May of 2002, Linda McDougal was diagnosed with breast cancer and underwent a double mastectomy at the United Hospital of St. Paul Minnesota. After the surgery, McDougal was told that she had never had cancer. Apparently, her slides had been mixed up with those of another patient.<br /><br />A woman taking Prempro, a HRT drug associated with serious adverse effects, began experiencing severe migraine headaches. She went to a hospital emergency room where the doctor on call prescribed a migraine medication called Midrin as well as a blood pressure medication when he noticed her&rsquo;s was elevated. <br />A few days later she experienced a minor hypertensive stroke and went back to the hospital but was released without any new diagnoses.<br />&nbsp;Finally, after two more hypertensive strokes, a CT scan revealed that the woman was bleeding in one area of her brain due to the fact that both Prempro and Midrin had elevated her blood pressure to dangerous levels and no one had caught this prescription error.<br /><br />A perfectly healthy newborn baby was placed in a defective incubator which was cold and which caused the child to suffer permanent brain damage. Another healthy newborn suffered brain damage when a doctor allowed the baby to slip from his hands and land on its head.<br />A woman was undergoing gynecological surgery when she awoke in the middle of the operation. She was in terrible pain and had to be restrained until additional anesthesia was administered to her. <br /><br />As a result she suffered a severe back injury. It was later discovered that her anesthesiologist was a drug addict who had been stealing and then using doses of anesthesia intended for his patients. As a result, those patients were under-anesthetized during surgery.<br /><br />In 2005, The New York State Health Department announced it was launching an investigation into what happened at Phelps Memorial Hospital Center in Sleepy Hollow, New York, where surgeons removed a man&rsquo;s perfectly healthy kidney instead of his cancerous one.<br /><br />The patient was left with only one diseased kidney which also needed to be removed to prevent the spread of the cancer. As a result, the patient will need constant dialysis and a kidney transplant in order to survive. <br /><br />While one would hope these types of horrific mistakes were rare, the truth is they are not. From 1985 to 1995 alone, the Physicians Insurers Association of America (PIAA) counted 225 claims for wrong-site surgery by its 110,000 doctors in the United States. Also consider the following cases:<br /><br />In 1995, at Tampa's University Community Hospital, a surgeon amputated the wrong leg of 51- year-old Willie King. The 59-year-old mother of a prominent Indian film star was brought to Sloan-Kettering Cancer Center in New York to have a malignant brain tumor removed. The neurosurgeon operated on the wrong side of her brain. The woman now suffers from severely impaired vision and no awareness of her left side. (Washington Post, 7/25/95). <br /><br />A surgeon at Butterworth Hospital in Grand Rapids, Michigan, cut off the wrong breast of a 69-year-old cancer patient during a mastectomy. (USA Today, 3/27/95). <br /><br />A surgeon in Boston removed the wrong kidney from a patient after failing to check x- rays that would have revealed this tragic error. (Boston Globe, 6/1/96). <br /><br />Other examples of egregious malpractice are there to be found if only the skeptics would bother to look.<br /><br />In 2005, following an emergency hearing before the Massachusetts Board of Registration in Medicine, Dr. Michael R. Brown, a Cape Cod physician, lost his medical license on the grounds that he wrote an incredible number of prescriptions for the powerful painkiller, OxyContin. <br />The doctor also faced criminal drug possession charges for allegedly buying back painkillers he had prescribed to a patient.<br /><br />Dr. Brown, who became known as &ldquo;Dr. Feel Good,&rdquo; wrote so many prescriptions for OxyContin in 2004 that it is estimated he single-handedly accounted for approximately 300,000 of the 923,000 tablets sold in the entire state for the year. Many of the prescriptions deemed to be excessive were to children.&nbsp; <br /><br />Nancy Achin Audesse, executive director of the Board, said that although Brown had been required in 2001 to take courses in pain management, he continued to over-prescribe OxyContin. This resulted in the emergency action by the Board which believed Dr. Brown posed &quot;an immediate and serious threat to the public safety and welfare.&quot; <br /><br />California surgeon, Dr. Terry L. Sanderfer, has a lucrative practice specializing in weight-reduction surgery. Unfortunately, he has also been sued more than 20 times for gastric-bypass surgeries gone wrong. <br /><br />In fact, according to public records and the doctor&rsquo;s own accounting, 13 of his gastric-bypass patients have died from complications stemming from surgeries he performed. <br /><br />The Medical Board of California began proceedings to revoke Sanderfer&rsquo;s medical license for a host of reasons including delayed treatment or failing to act promptly after problems arose, failure to adequately evaluate patients before and after surgery, keeping incomplete or illegible records, and abandoning the care of his patients.<br /><br />These charges are in connection with the treatment if 11 gastric-bypass patients, including six who died following surgery. <br /><br />Dr. Sanderfer performs surgeries at Corona Regional Medical Center, Riverside Community Hospital, and Parkview Community Hospital. Over $1.2 million has been paid to settle three medical malpractice claims against Sanderfer.<br /><br />In 2004 federal criminal charges were brought against an eye doctor from Burlington, Vermont, who was accused of performing unnecessary cataract surgeries on several former patients and billing health insurance programs for them.<br /><br />Up to 50 of these former patients were expected to testify against Dr. David Chase, who faced 80 counts of health care fraud and making false statements, and is charged with cheating health insurers out of more than $1 million they paid for the unnecessary operations.<br />The alleged activities took place between 1996 through July 2003. Chase&rsquo;s medical license was suspended in July 2003.<br /><br />Following a joint investigation by the Vermont attorney general, the FBI, the Inspector General of the U.S. Department of Health and Human Services, and the U.S. Attorney, Chase was indicted by a federal grand jury in 2004.<br /><br />The indictment charged that, in his last year of practice, Chase performed cataract surgeries on over 210 patients, 30% of whom had normal vision before the surgery.<br /><br />He was also accused of overstating the severity of patients&rsquo; cataracts, using vision tests to exaggerate how bad patients&rsquo; vision was, recommending and performing needless surgeries, as well as making up false medical reports and diagnoses to support the unneeded surgeries.<br /><br />The U.S. Attorney, David Kirby, said the federal government planned to call over 60 witnesses, including some 30 former patients and many local doctors who treated some of those patients after Chase operated on them.<br /><br />Chase was also facing a $1.22 million civil lawsuit from state and federal authorities, 136 charges of unprofessional conduct filed by the state Medical Practice Board and numerous lawsuits from his former patients.<br /><br />In 20005, Dr. Gregory Hogle, a 56-year-old ear, nose, and throat (ENT) specialist, was arrested at his Denver office on a charge of manslaughter over the death of a patient whose breathing-tube he had taken out.<br /><br />According to an arrest warrant affidavit, the family of Hogle&rsquo;s patient, Khusni Yusupova, age 46, took her off life support two days after she had suffered complications when Hogle removed the tube.<br /><br />The doctor freely admitted that he removed the tube without reviewing the patient&rsquo;s medical records, which were brought to her appointment. According to the affidavit, Hogle told police that he made a &ldquo;serious mistake.&rdquo;<br /><br />&quot;She did need the tube for her airway ... because she had an obstructed airway, it means she did need the tube and I made a mistake.&quot; <br />Assistant District Attorney Diane Balkin believed that criminal charges were warranted because &quot;Dr. Hogle had access to information relating to Ms. Yusupova's condition, which he refused to review,&quot; the affidavit says. <br /><br />Court records show that Dr. Elizabeth Aronsen referred the case to Hogle after concluding Yusupova likely needed surgery to repair a blockage. She sent images of the blockage with the medical records. <br /><br />But according to Hogle, confusion ensued when the patient was accompanied by a woman who had trouble translating from Russian to English. <br />As a result, based on his examination alone, Hogle decided to remove the breathing tube. Court documents show that the patient later went to a hospital but before doctors could reinsert a tube, she suffered respiratory arrest and irreversible brain damage.<br /><br />As reported in the Denver Post: &ldquo;Criminal charges resulting from medical treatment are rare, but not unheard of. In a highly publicized case, a Denver anesthesiologist was charged with manslaughter after prosecutors alleged he fell asleep during a routine surgery in 1993 at St. Joseph Hospital. The patient, an 8-year-old boy, died during the operation.&rdquo;<br /><br />After two manslaughter trials, that doctor was convicted of a misdemeanor. On appeal, the conviction was thrown out. The doctor was stripped of his medical license. <br /><br />The Post article also reported that in 1997, &quot;three nurses were indicted on charges of criminally negligent homicide after a lethal dose of penicillin was given to a day-old baby at St. Anthony Hospital North.&rdquo;<br /><br />As reported by The Charleston Gazette only a week ago, an expert review of 21 spinal surgeries performed by Dr. John Anderson King in 2002 and 2003 at Putnam General Hospital found 13 of the operations to have been partly or completely unnecessary.<br /><br />The analysis of King&rsquo;s surgical records regarding those 21 operations was conducted by Dr. Edgar Dawson from the University of California at Los Angeles.<br /><br />In his report to Putnam General, Dr. Dawson wrote: &quot;It was my opinion that 13 of 21 patients, based on my review of the preoperative studies, were subjected to, in part or in total, to unnecessary surgery.&quot;<br /><br />Dawson concluded that King's surgery on one patient &quot;was unnecessary&rdquo; and that an operation on another patient &quot;was not justified because, according to the MRI [test], there was no pathology in that area of the spine.&quot;<br /><br />Although some of Dawson&rsquo;s findings were challenged during a peer review session by Dr. Patrick Ryan, a former instructor of Dr. King at Jackson Hospital in Montgomery, Alabama, those differences of opinion were never explored further at a planned second hearing since it was never held and King never testified on his own behalf. <br /><br />&nbsp;Based on the evidence it had, the hospital suspended King's operating privileges on June 3, 2003. Shortly after, King left Putnam General and surrendered his osteopathic license in August 2003. The license was formally revoked by the West Virginia Board of Osteopathy on Feb. 27, 2004.<br /><br />King&rsquo;s medical licenses in Florida, Georgia, Michigan, New Jersey, Ohio, Pennsylvania and Texas were also revoked or surrendered.<br /><br />In July or August 2004 King left West Virginia. The West Virginia Board of Osteopathy has been unable to get in touch with him.<br />Over 100 of King&rsquo;s former patients, a large number of whom underwent spinal surgery, have filed medical malpractice suits against him and Putnam General. <br /><br />Dawson's critiques of King's surgeries appear in a Michigan Bureau of Health Professions document. It is available on the Ohio medical board web site. <br /><br />In 2005, as a result of an ongoing federal investigation, a Scottsdale, Arizona, doctor had his medical license suspended by the Arizona Medical Board.&nbsp; He is suspected of writing thousands of illegal prescriptions for human growth hormones and other controlled drugs.<br /><br />An affidavit submitted by federal authorities in support of an application for a search warrant alleged that between November and April, 2005, Dr. David A. Wilbirt wrote 3,879 prescriptions for controlled drugs.&nbsp; He has been implicated as being part of an online prescription drug ring operating nationwide on the Internet according to the Drug Enforcement Administration (DEA).<br /><br />Based upon these serious allegations, the Board voted unanimously on August 30 to suspend Wilbirt&rsquo;s license for &ldquo;unprofessional conduct.&rdquo; <br />On November 18, 2005, the Joplin Globe (Missouri) reported on a mind-boggling case of alleged medical malpractice that was on trial in that city. Rather than paraphrase the article by Jeff Lehr, we will let his words speak for themselves:<br /><br />&rdquo;Janell Harris recalled how she had prepared a blanket and pad to catch a young mother's first-born child in a breech delivery almost nine years ago at McCune-Brooks Hospital in Carthage. <br /><br />&rdquo;Having ruptured the mother's membrane, Dr. John Torontow was having trouble pulling the baby boy from her womb by his legs, the former emergency-room nurse recalled&hellip;in a Carthage couple's malpractice lawsuit against Torontow. <br /><br />&rdquo;&rsquo;He said to me, 'My God, the cervix has closed down on the head,&rsquo; Harris told the court. <br /><br />&rdquo;As the doctor pulled and the mother pushed with the assistance of another nurse, the skin on one of the baby's thighs suddenly peeled off to the knee, Harris testified. Finally, the baby slipped out and fell to the floor along with the placenta, she said. The head of the child was still in the mother. <br /><br />&rdquo;Harris said she scooped up the body and stuck it in a drawer to get it out of the sight of the mother and a sister-in-law who was present. <br /><br />&rdquo;&rsquo;I wouldn't want to see it (if I were them),&rsquo; she explained to the court. &rsquo;I didn't want to see it. It just made me sick to my stomach.&rsquo; <br /><br />&rdquo;Harris acknowledged on direct examination that what happened on Jan. 11, 1997, in the Carthage hospital's emergency room was the &rsquo;most devastating&rsquo; experience of her nursing career. She told the courtroom that she and the other nurse involved in the delivery had cried together afterward in the nurses' lounge, and that Torontow had cried as well. <br /><br />&rdquo;The plaintiffs maintain that Torontow pulled so violently on the baby's legs that he decapitated him. <br /><br />&rdquo;They maintain that he should not have attempted a breech delivery that he did not have the skills to perform at a hospital that was not equipped to deliver and care for a premature child. They claim he was negligent in failing to slow the mother's labor and arrange for her transfer to a hospital with obstetricians; in failing to order an ultrasound in a timely manner to diagnose a breech delivery; in failing to document adequately the events of the delivery; and in failing to communicate to the patient and her family the risks of delivery in the emergency room at McCune-Brooks. <br /><br />&rdquo;The defense maintains that the child had died in the mother's womb before she ever reached the hospital, and that Torontow did nothing wrong&hellip;&rdquo; <br /><br />&nbsp;&quot;Well, I [the husband] just went in and held her hand, and she told me, crying, that they had killed our son,&quot; he testified through the interpreter. <br /><br />&rdquo;He said he was not told until later that the baby had been decapitated. He said he never got to see his son. <br /><br />&rdquo;&rsquo;I felt very sad,&quot; he testified. &quot;It's just like every father. There's a special thrill in knowing you are going to have a son.&rsquo;&quot;<br /><br />The foregoing demonstrates that notwithstanding the often hysterical claims of politicians and lobbyists to the contrary, doctors are not the victims of blood-thirsty trial lawyers, runaway juries, or unfair verdicts and settlements. <br /><br />They are actually being called to answer for their own acts of malpractice. They are certainly not being sued for every little mistake they make. Most malpractice cases are turned away by attorneys. <br /><br />This is because there is no malpractice, no injury, or no connection between any malpractice and the alleged injury. Other cases are rejected simply because they are too small. Many are rejected because they are beyond the statute of limitations. <br /><br />The vast majority of people who are victims of medical errors, however, simply do not sue. Significantly, most of the cases that are not settled and actually go to trial result in verdicts for defendants. <br /><br />Thus, out of court settlements, which are voluntarily entered into by the insurance companies, doctors, and hospitals, are actually more responsible for an increase in the cost of malpractice insurance than are jury verdicts.<br /><br />Moreover, when a truly excessive verdict is awarded, it is never actually paid. The law is full of protective measures which prevent defendants from excessively large damage awards. So, while the media is quick to report on extremely large verdicts, it almost never follows up on the subsequent events surrounding the case which often include a substantial reduction of the award by the trial judge or by an appellate court, new trials, or outright dismissals by the courts because of a failure of proof.<br /><br />Runaway juries are also not the problem. In fact, juries often award a plaintiff less money than what insurers and doctors are offering in settlements. In 2000, the NPDB revealed that the median payment for a victim was only $125,000 and not the $1 million median which was reported by Jury Verdict Research, which is a private source. <br /><br />Even verdicts which start out higher than the proposed cap of $250,000 are reduced to a median of $235,000 when the case is finally concluded.<br /><br />How is it the trial lawyer&rsquo;s fault if a court reviews a verdict and reduces it to an amount it then approves? The lawyer has no control over this and the amount is one set by the court. <br /><br />How is it the trial lawyer&rsquo;s fault if the doctor or hospital and the insurance carrier involved in a case voluntarily offer the plaintiff the very amount of money a case is settled for? Are they paying a plaintiff for malpractice that never really happened? <br /><br />Does anyone really believe that insurance premiums are based on what trial lawyers obtain for their clients by way of settlements or judgments? Is it not more likely that insurance premiums are based on the damages caused by the policy holders who commit the actual malpractice? <br /><br />The legislatures of many states have already made other significant concessions to the medical lobby over the years including:<br />&bull;&nbsp;&nbsp;&nbsp; Passing shorter statutes of limitations specifically for malpractice cases. This reduces the time in which injured parties may bring their cases. No other class of defendants has been given such favored treatment.<br />&bull;&nbsp;&nbsp;&nbsp; Requiring a certification by a medical expert before a plaintiff is even able to commence a law suit for medical malpractice. No other type of litigation requires this.<br />&bull;&nbsp;&nbsp;&nbsp; Substantially reducing attorneys&rsquo; fees in medical malpractice cases only.<br />&bull;&nbsp;&nbsp;&nbsp; Requiring plaintiffs to offer expert proof establishing the viability of their case before going to trial in order to avoid a dismissal of their claim.<br />&bull;&nbsp;&nbsp;&nbsp; Requiring a plaintiff&rsquo;s case to be dismissed at trial regardless of how much evidence of &nbsp;&nbsp;&nbsp; malpractice there is unless the plaintiff&rsquo;s case is also supported by expert medical proof.<br /><br />All that can be seen from the above is that there is much more to the malpractice dilemma than those crying for reform would have the public believe. While some jury&rsquo;s do go astray and some lawsuits are a bit farfetched, there are more (and better) safeguards in place to deal with such aberrations than there are to stem the rising tide of actual medical malpractice.]]></content:encoded>
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		<title>Radiologist Leaves Trail of Misread Mammograms and Possible Death Sentences for Many Women Who Trusted His Erroneous &amp;#039;Cancer-Free&amp;#039; Findings</title>
		<link>http://www.yourlawyer.com/articles/read/11204</link>		
		<pubDate>Wed, 25 Jan 2006 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11204</guid>
		<description><![CDATA[Mammograms are unquestionably a vital diagnostic tool in the war against breast cancer. Since early detection of the deadly disease is the single most important factor in a successful course of treatment, women around the world are encouraged to undergo the procedure on a regular basis. After a woman do their part by having the test done, she waits anxiously for a trained radiologist to read the scans and tell her if she is cancer-free or if...]]></description>
			<content:encoded><![CDATA[Mammograms are unquestionably a vital diagnostic tool in the war against breast cancer. Since early detection of the deadly disease is the single most important factor in a successful course of treatment, women around the world are encouraged to undergo the procedure on a regular basis. <br /><br />After a woman do their part by having the test done, she waits anxiously for a trained radiologist to read the scans and tell her if she is cancer-free or if there is any reason for concern and additional diagnostic procedures.<br /><br />When a woman is told that there may be a problem, even if cancer is not ultimately found, the additional testing will effectively rule out the presence of the disease. When, however, a woman is told that her mammogram is negative for any sign of breast cancer, there is little for her to do except breath a sigh of relief and schedule her next appointment.<br /><br />Thus, when a mammogram is misread and completely misses the presence of breast cancer in its early stages, the error has the potential of being nothing short of a death sentence for that woman. While such errors do occur, they are usually isolated and sometimes even understandable based on a number of variables involving the specific patient and the limits of the procedure itself.<br /><br />It is therefore quite unnerving for women in general when they learn of a situation when one particular radiologist or laboratory has misread multiple sets of mammograms as being cancer-free when, in fact they were not. The results of such malpractice can be quite devastating and even fatal.<br /><br />Such is the case right now with numerous mammograms read as being cancer-free by a supposedly qualified radiologist working at North Manchester General Hospital in Crumpsall and Tafford General in the UK. To date, at least 28 woman were wrongly advised their scans were negative when, if fact, they actually revealed the presence of breast cancer in its early and more treatable stages. <br /><br />At least 17 of those woman are now suffering from advanced stages of the disease and are at serious risk of dying as a result of the misdiagnoses. The investigation into the matter only promises to uncover more examples of malpractice by this radiologist.<br /><br />Although earlier reports were silent on some of the background of this case and did not identify the doctor involved, a late story in timesonline.co.uk has revealed that: &ldquo;The doctor at the centre of one of Britain&rsquo;s worst breast screening blunders was subject to an internal inquiry by his hospital 18 months before he was suspended, but no formal action was taken, The Times can reveal.&rdquo;<br /><br />&ldquo;Colleagues were so concerned by his working practices that they alerted health chiefs at Trafford General Hospital in Greater Manchester just six months after he started work&hellip;The resulting delay in diagnosis has put 17 of them at significant risk of dying, the NHS trust confirmed.&rdquo; <br /><br />&ldquo;The Times can reveal that he is Amjad Mohammad Ali Husien, an Iraqi-born doctor who has been a specialist radiologist for the past ten years. The radiologist became the subject of a major review after colleagues went to Trafford Healthcare NHS Trust again in April last year, two years after Dr Husien joined its staff. The report, published yesterday and first detailed in The Times, found that numerous misdiagnoses had &ldquo;significantly altered&rdquo; some cancer sufferers&rsquo; chances of survival.&rdquo;<br /><br />Stephen Jones, a solicitor for one of the women, said:&nbsp; &quot;It was all the more so distressing because throughout the course of her treatment she had been reassured at every angle that everything was OK.&rdquo; In his client&rsquo;s case .<br />&nbsp;<br />Some 2,495 scans reported on by Dr. Husien were retrieved and reread after concerns over the quality of his work last year. Of those, decisions for 238 patients were incorrect, and of that number, 28 women (so far) were told they were completely cancer-free have now discovered they are in advancing stages of breast cancer. <br /><br />Seventeen women had their diagnoses delayed over three months. One woman went two years before being correctly diagnosed with breast cancer. At least one case involved multiple misreadings for the same patient.<br /><br />Dr Richard Campbell, medical director at Trafford, said: &quot;None have died. It is possible we think in 17 cases, out of 22, the delay in diagnosis was long enough that it might alter their outcome.&rdquo;<br /><br />While some experts are trying to quell concerns by calling this fiasco &quot;an exception to the rule,&quot; the fact remains that many of these woman are going to die for no reason.<br /><br />Chris Harrison, from Greater Manchester Strategic Health Authority (GMSHA), said: &quot;On behalf of the health authority I offer my apologies to the women affected by this, and for the worry and distress caused, in particular to the patients whose cancer diagnosis became delayed as a result of this incident.&quot; <br /><br />Accounts of how this situation came about include tales of a doctor who was probably working too much overtime and who was often the only radiologist on duty. His reports were therefore not immediately reviewed by another radiologist or countersigned by anyone.<br /><br />The most glaring deficiency, however, seems to be the doctor&rsquo;s failure in many cases to compare the most recent mammograms to available prior ones to see if changes had occurred.<br /><br />We spoke to one experienced New York medical malpractice attorney who told us that &ldquo;this seems to be the single most critical error, other than simply misreading what may have been there to be seen. When a radiologist has one or more prior mammograms or chest X-rays of a patient available for comparison, it is clear malpractice not to do so.&rdquo; <br /><br />&ldquo;Sometimes a mammogram or X-ray looks clear or what is referred to as &ldquo;within normal limits&rdquo; when there is nothing to compare it to. However, when it is compared to a previous scan, the radiologist will see even the tiniest change and thus further investigation and testing can be ordered immediately.&rdquo;<br /><br />&ldquo;In many cases, having a prior scan to use as a comparison is a life-saver and failing to make a comparison has often proven to be a fatal error on the part of a radiologist. Unfortunately, such medical errors cannot be undone and woman who trusted the mistaken results often pay for them with their lives.&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Doctor Who Faked Cancer Study Admits More Fraud</title>
		<link>http://www.yourlawyer.com/articles/read/11194</link>		
		<pubDate>Mon, 23 Jan 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11194</guid>
		<description><![CDATA[Already disgraced Norwegian doctor, Jon Sudbo, apparently has more to be ashamed of than simply faking the data for a major cancer. He has now admitted also fabricating data for two scientific articles about cancer of the mouth in leading medical journals.&nbsp;According to Sudbo&rsquo;s attorney, Erling Lyngtveit: &quot;There were three articles in which the basic material was not correctly handled&quot; by Sudbo, once a respected cancer expert...]]></description>
			<content:encoded><![CDATA[Already disgraced Norwegian doctor, Jon Sudbo, apparently has more to be ashamed of than simply faking the data for a major cancer. He has now admitted also fabricating data for two scientific articles about cancer of the mouth in leading medical journals.<br /><br />&nbsp;According to Sudbo&rsquo;s attorney, Erling Lyngtveit: &quot;There were three articles in which the basic material was not correctly handled&quot; by Sudbo, once a respected cancer expert at Norway's Radium Hospital.<br /><br />Sudbo has now admitted making up data for an April 2004 article in the New England Journal of Medicine and also for one in March 2005 in the Journal of Clinical Oncology. These latest revelations come a week after his cancer study in the October 2005 issue of the Lancet was exposed as false.<br /><br />The attorney stated that Sudbo plans to cooperate fully with investigators. Sudbo claims that none of his co-authors knew that he was faking data. &quot;This was not about money at all. It's really about the things that in other contexts are positive and drive research forward -- honor, fame, success, to be able to point to achievements.&quot; <br /><br />Sudbo remains on sick leave since his hospital, first accused him of faking the data in his article in the Lancet.<br /><br />Sudbo falsely claimed to have based his conclusions in the New England Journal of Medicine cancer study on Norway's register of deaths. He has now admitted he had not had access to the register.<br /><br />In the article in the Journal of Clinical Oncology, Sudbo also lied about having taken blood samples from all the smokers involved in a survey when he had not done so.<br /><br />Sudbo is under investigation by his hospital and Norwegian health authorities who can reprimand, fire, or bar doctors from practicing medicine. Norway is now considering passing a new law that would make such fraud a crime for which a jail sentence could be imposed.<br /><br />In the Lancet article, Sudbo and his co-authors claimed that commonly used painkillers such as ibuprofen and naproxen can reduce the risk of mouth cancer in smokers, but that long-term use could increase the risk of dying of heart disease.<br /><br />The hospital said that Sudbo made up patients for the falsified review of 454 people with oral cancer.<br /><br />The original claims of Sudbo&rsquo;s study were seen as promising for people who no longer had access to Vioxx and Bextra, which were pulled from the market in 2004 and 2005 respectively because they pose an increased risk of heart attacks and strokes.<br /><br />The hospital is at a loss to explain Sudbo&rsquo;s motive for fabricating data; however, a top official there said, &ldquo;All of it was fabricated.&rdquo;&nbsp; <br /><br />The investigating committee announced it would also be examining other research papers by Sudbo, including the two he has now admitted faking.<br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Florida Hospital Refuses to Tell Woman Why She Ended Up As a Quadruple Amputee after Giving Birth</title>
		<link>http://www.yourlawyer.com/articles/read/11191</link>		
		<pubDate>Sun, 22 Jan 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11191</guid>
		<description><![CDATA[According to a story featured on WFTV.com, a young mother, Claudia Mejia, gave birth at Orlando Regional South Seminole Hospital last May. Soon after, she was transported to Orlando Regional Medical Center &ldquo;where her arms and legs were amputated.&rdquo; Other than being told &ldquo;she had streptococcus, a flesh eating bacteria, and toxic shock syndrome,&rdquo; she was given no further explanation of what happened.The woman has filed a...]]></description>
			<content:encoded><![CDATA[According to a story featured on WFTV.com, a young mother, Claudia Mejia, gave birth at Orlando Regional South Seminole Hospital last May. Soon after, she was transported to Orlando Regional Medical Center &ldquo;where her arms and legs were amputated.&rdquo; Other than being told &ldquo;she had streptococcus, a flesh eating bacteria, and toxic shock syndrome,&rdquo; she was given no further explanation of what happened.<br /><br />The woman has filed a complaint against Orlando Regional Healthcare Systems (ORHS) because &ldquo;they won't tell her exactly what happened.&rdquo; The hospital claims the information would violate other patients' rights and that if she wanted to find out exactly what happened, she would have to sue them.<br /><br />According to WFTV.com: &ldquo;Mejia said after she gave birth to Mathew last spring, she was kept in the hospital with complications. Twelve days after giving birth at Orlando Regional South Seminole hospital, she was transported to Orlando Regional Medical Center where she became a quadruple amputee. Now she can not care for or hold her baby.&rdquo;<br /><br />Mejia tells the rather shocking story that she, &quot;Woke up from surgery and I had no arms and no legs. No one told me anything. My arms and legs were just gone.&quot; <br /><br />Both Mejia and her husband want to know what happened and how she became infected with streptococcus during or after labor. Their attorney wrote a letter to ORHS pursuant to Florida&rsquo;s &ldquo;The Patients Right To Know About Adverse Medical Incidents Act,&quot; demanding the hospital give her the records. <br /><br />The attorney, Judy Hyman states, &quot;When the statute is named 'Patients Right To Know,' I don't know how it could be clearer.&quot; The hospital's lawyers wrote back, &quot;Ms. Mejia's request may require legal resolution.&quot;<br /><br />Another attorney for the couple, E. Clay Parker, claims the hospital is not following the law. &quot;We were forced to file this and ask a judge to interpret the constitutional amendment and do right.&quot;<br /><br />ORMC argues that Mejia is requesting information concerning other patients or anyone on her floor who may have been infected with streptococcus. The hospital, through its attorneys, claims that if they release that information to her, it would violate other patients' rights.<br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Cosmetic Procedures Done In Non-Clinical Settings by Unlicensed Personnel Can Pose Serious Dangers</title>
		<link>http://www.yourlawyer.com/articles/read/11167</link>		
		<pubDate>Tue, 17 Jan 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11167</guid>
		<description><![CDATA[Recent cases of patients receiving BOTOX(R) and tissue fillers at beauty salons, shopping malls, or in their homes by people without licensure or adequate medical or professional training are causing great concern within the medical community. In response to the rise in unqualified individuals performing non-surgical cosmetic procedures, the American Society for Aesthetic Plastic Surgery (ASAPS) and the American Society of Plastic Surgeons...]]></description>
			<content:encoded><![CDATA[Recent cases of patients receiving BOTOX(R) and tissue fillers at beauty salons, shopping malls, or in their homes by people without licensure or adequate medical or professional training are causing great concern within the medical community. <br /><br />In response to the rise in unqualified individuals performing non-surgical cosmetic procedures, the American Society for Aesthetic Plastic Surgery (ASAPS) and the American Society of Plastic Surgeons (ASPS) are trying to raise awareness about the dangers inherent in this risky practice.<br /><br />Only properly credentialed and trained medical professionals should perform procedures such as tissue filler injections, laser therapies, skin resurfacing, and chemical peels. In addition, the work should use only products approved by the Food and Drug Administration (FDA). <br /><br />According to Dr. Mark Jewell, MD, president of the Aesthetic Society: &quot;There are some misconceptions among patients about the true nature of non-surgical cosmetic procedures. Non-surgical does not mean non-medical. Patients deserve to know who is treating them, what their qualifications are, who the supervising physician is, and where the product is coming from. These are questions patients should ask.&quot; <br /><br />In recent years, there has been an explosion in the number of non-surgical cosmetic procedures which often take place in retail or spa-like settings. Unlike proper doctors&rsquo; offices, where clinicians oversee the treatment and maintain medical records, these spa-type centers may have limited or no full-time trained medical staff and may lack the experience to handle services other than routine spa and beauty treatments. <br /><br />There is also the fact that unlicensed&nbsp; personnel working in non-clinical settings may not be able to respond appropriately and promptly to medical emergencies that sometimes occur during even the simplest procedure. <br /><br />Patients need to make sure that a properly trained and qualified practitioner will perform their procedure appropriately, under the right conditions, with the correct (and properly sterilized) instruments, and using FDA-approved products.<br /><br />According to Dr. Bruce Cunningham, president of ASPS: &quot;In many situations, physicians appropriately provide oversight for patient care in a variety of medical settings. Our concern here is that physician supervision in non-surgical cosmetic procedures may be inadequate or non-existent and that the individuals performing the treatments lack adequate training to safely perform the procedures. Our purpose in convening a patient safety group on this issue is to ensure that patients have the information they need to make the right decision. While spas and salons are convenient for cosmetic medical treatments, this should not be at the expense of safety and expertise.&quot; <br /><br />A Joint ASPS and ASAPS Advisory on Injectables and Fillers: Legal and Regulatory Risk Management Issues, released in 2005, underscores the two societies' position: &quot;The administration of injectables and fillers is a medical procedure and is subject to the same precautions of any medical procedure. It is the physician's responsibility to ensure that the non-physician administering the injectables or fillers possesses the proper education and training.&quot;<br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Report Finds 62% of Surgeries Performed by Former Osteopath at West Virginia Hospital to Have Been Partly or Totally Unnecessary</title>
		<link>http://www.yourlawyer.com/articles/read/11164</link>		
		<pubDate>Mon, 16 Jan 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11164</guid>
		<description><![CDATA[As reported by The Charleston Gazette, an expert review of 21 spinal surgeries performed by Dr. John Anderson King in 2002 and 2003 at Putnam General Hospital found 13 of the operations to have been partly or completely unnecessary.The analysis of King&rsquo;s surgical records regarding those 21 operations was conducted by Dr. Edgar Dawson from the University of California at Los Angeles.In his report to Putnam General, Dr. Dawson wrote:...]]></description>
			<content:encoded><![CDATA[As reported by The Charleston Gazette, an expert review of 21 spinal surgeries performed by Dr. John Anderson King in 2002 and 2003 at Putnam General Hospital found 13 of the operations to have been partly or completely unnecessary.<br /><br />The analysis of King&rsquo;s surgical records regarding those 21 operations was conducted by Dr. Edgar Dawson from the University of California at Los Angeles.<br /><br />In his report to Putnam General, Dr. Dawson wrote: &quot;It was my opinion that 13 of 21 patients, based on my review of the preoperative studies, were subjected to, in part or in total, to unnecessary surgery.&quot;<br /><br />Dawson concluded that King's surgery on one patient &quot;was unnecessary&rdquo; and that an operation on another patient &quot;was not justified because, according to the MRI [test], there was no pathology in that area of the spine.&quot;<br /><br />Some of Dawson&rsquo;s findings were challenged during a peer review session at Putnam General, by Dr. Patrick Ryan.&nbsp; Interestingly, Ryan had instructed King in spinal surgery, while he was under his tutelage for several months at Jackson Hospital in Montgomery, Alabama. While those differences of opinion might have been explored further at a planned second hearing, that hearing was never held and King never testified on his own behalf. <br /><br />&nbsp;Based on the evidence it had, the hospital suspended King's operating privileges on June 3, 2003. Shortly after, King left Putnam General and surrendered his osteopathic license in August 2003. The license was formally revoked by the West Virginia Board of Osteopathy on Feb. 27, 2004.<br /><br />King&rsquo;s medical licenses in Florida, Georgia, Michigan, New Jersey, Ohio, Pennsylvania and Texas were also revoked or surrendered.<br />In July or August 2004 King left West Virginia. The West Virginia Board of Osteopathy has been unable to get in touch with him.<br />Over 100 of King&rsquo;s former patients, a large number of whom underwent spinal surgery, have filed medical malpractice suits against him and Putnam General. <br /><br />Dawson's critiques of King's surgeries appear in a Michigan Bureau of Health Professions document. It is available on the Ohio medical board web site. <br /><br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Reused Surgical Devices May Be Exposing Patients to Potentially Deadly Brain Diseases</title>
		<link>http://www.yourlawyer.com/articles/read/11129</link>		
		<pubDate>Sun, 01 Jan 2006 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11129</guid>
		<description><![CDATA[Recently, several news services reported that patients undergoing medical or surgical procedures are generally unaware of the increasing use of reconditioned medical devices.A particularly enlightening article appeared in the Washington Post (12/11/05) that revealed how the practice of reusing so-called one-time-use medical devices is becoming more widely accepted at hospitals across the country.Unlike consumer products, however, medical devices...]]></description>
			<content:encoded><![CDATA[Recently, several news services reported that patients undergoing medical or surgical procedures are generally unaware of the increasing use of reconditioned medical devices.<br /><br />A particularly enlightening article appeared in the Washington Post (12/11/05) that revealed how the practice of reusing so-called one-time-use medical devices is becoming more widely accepted at hospitals across the country.<br /><br />Unlike consumer products, however, medical devices are often used internally and require a much higher degree of reliability. There are a number of issues that make the practice potentially problematic even though hospitals vouch for their safety and dependability. <br /><br />As previously reported, some possible areas where difficulties may arise are as follow:<br /><br />&bull;&nbsp;&nbsp; &nbsp;Hospitals are not required to inform patients that a recondition medical device will be used in a procedure or surgery.<br />&bull;&nbsp;&nbsp; &nbsp;The reconditioned devices are not guaranteed by the original manufacturer.<br />&bull;&nbsp;&nbsp; &nbsp;Manufacturers warn against reusing of one-time medical devices and will not vouch for their safety after being reconditioned.<br />&bull;&nbsp;&nbsp; &nbsp;While hospitals maintain sterilization of reconditioned devices is thorough and even meticulous, the fact that they have been used before makes it impossible to guarantee the same degree of safety as an unused, sterilized, and sealed devices.<br />&bull;&nbsp;&nbsp; &nbsp;There are numerous reported cases of reconditioned medical devices breaking or malfunctioning during reuse with anywhere from minor to catastrophic consequences.<br />&bull;&nbsp;&nbsp; &nbsp;One-time &ndash;use products are approved under a different standard than multiple-use devices. The one-time-use devices are often opted for by manufacturers because they do not have to be as sturdy and the manufacturer&rsquo;s exposure to liability will be greatly diminished. One-time-use devices also ensure &ldquo;a steady stream of replacement orders.<br /><br />Hospitals see reconditioned medical devices as a significant cost-cutting measure since they regard the one-time-only &ldquo;designation as a manufacturer&rsquo;s ploy to force them to buy more devices then they need.&rdquo; Thus, it is becoming more common for hospitals to ignore warnings against reuse.<br /><br />Now, however, The Washington Post has published a follow-up article that raises the question of whether the reuse of potentially contaminated surgical devices may be responsible for infecting patients with a rare type of brain disease called Creutzfeldt-Jakob Disease (CJD).<br /><br />CJD is not a typical bacterium or virus. It is believed to be an abnormal protein, or prion. Moreover, CJD and the other prion-based diseases are difficult to detect and often take several years to manifest themselves. When they do, the symptoms can include dementia or neurological impairment.<br /><br />As pointed out by The Washington Post: &ldquo;As a result, when hospitals reuse such devices, medical experts say, there is a small risk that they may be exposing patients to a fatal disease with no known cure. Over the past five years, dozens of patients in at least four U.S. hospitals have been potentially exposed to the disease because their surgeons reused medical instruments first used on patients who had the rare brain disorder, according to documents and interviews.&rdquo;<br /><br />As a result of a number of cases involving deaths or potential exposure to CJD or other prion diseases, several hospitals have revised their instrument procedures. In at least one case, a hospital &ldquo;suspended its neurological surgeries and destroyed all equipment reused in such cases.&rdquo;<br />According to the Association of Medical Device Reprocessors, none of its members reconditions invasive devices used in brain surgery. The Centers for Disease Control and Prevention (CDC) recommends using disposable surgical devices for the brain only once. The CDC, however, only makes recommendations, it does not&nbsp; make rules.<br /><br />The Joint Commission on Accreditation of Healthcare Organizations advises &ldquo;against reusing instruments in brain biopsy procedures when a patient's diagnosis is uncertain. But it does not have any requirements about how to handle devices potentially exposed to prion diseases.&rdquo; (WP)<br /><br />The Food and Drug Administration (FDA) has yet to impose rules addressing the issue of how &ldquo;to effectively decontaminate devices potentially contaminated by prions.&rdquo; (WP) The agency did state in an email, however, that &quot;There are no specific rules/regulations that address this issue presently nor any acceptable decontamination protocols.&quot;<br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Nine Wrongful Death Claims Brought Against Liver Transplant Program at University of California, Irvine Medical Center</title>
		<link>http://www.yourlawyer.com/articles/read/11087</link>		
		<pubDate>Sun, 25 Dec 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11087</guid>
		<description><![CDATA[In November, the University of California at Irvine Medical Center (UCI) suspended its liver transplant program after the government revoked its certification.&nbsp; Those actions came in the wake of a report by the Los Angeles Times concerning some 32 patients who died over the past two years while awaiting transplants while the hospital turned down 95 available donor organs.The U.S. Centers for Medicare and Medicaid Services&rsquo; report,...]]></description>
			<content:encoded><![CDATA[In November, the University of California at Irvine Medical Center (UCI) suspended its liver transplant program after the government revoked its certification.&nbsp; <br /><br />Those actions came in the wake of a report by the Los Angeles Times concerning some 32 patients who died over the past two years while awaiting transplants while the hospital turned down 95 available donor organs.<br />The U.S. Centers for Medicare and Medicaid Services&rsquo; report, cited by the L.A. Times, found UCI had performed just five liver transplants this year and no more than eight a year between 2002 and 2004. The minimum number of transplants required to maintain federal funding is 12.<br /><br />According to the report, the program failed to keep a transplant surgeon available full-time as required. Instead, it has contracted outside surgeons. <br /><br />A letter from Medicare&rsquo;s Chronic Care Policy Group Director Laurence D. Wilson noted that the one-year survival rate of Irvine liver transplant recipients (68 to 70%) fell well below the 77%&nbsp; percent minimum needed to retain federal certification.<br /><br />The case of a former UCI transplant patient, Elodie Irvine, prompted the federal inquiry. She had languished for four years on the hospital&rsquo;s transplant list (1998 to 2002) despite promises that she would have a new liver within in anywhere from a week to a few months. <br /><br />Eventually, after becoming suspicious, her kidney specialist advised her to transfer to another hospital where she received a liver transplant within only two months.<br /><br />According to Ms. Irvine: &ldquo;They let me sit and sit at home in bed for four years. I thought I was going to die. To be honest, most of my friends are dead. I watched them die one by one. They kept on telling us, &lsquo;It's soon, it's soon.&rsquo;&rdquo;<br />By the time she received her transplant, her kidney and liver disease had severely worsened. Her liver had swelled to four times its normal size and the cysts on her diseased organs had begun to burst. <br /><br />According to the L.A. Times, when Irvine sued UCI she was shocked to learn that the hospital had turned down 38 livers and 57 kidneys that were offered in her name. Although the 51-year-old mother settled with UCI earlier this year for an undisclosed amount, her lawsuit prompted the federal inquiry that lead to the hospital&rsquo;s decertification.<br />While Irvine had survived her ordeal, many others were not as fortunate. Some 32 patients died while waiting liver transplants from UCI. According to federal records, between August 2004 and July 2005, UCI received 122 liver offers but transplanted only 12.<br /><br />Now comes word that nine families whose relatives died while waiting for liver transplants have filed wrongful death lawsuits claiming the transplant program at the University of California, Irvine Medical Center accepted new patients when hospital officials knew they didn't have the ability to perform transplants.<br /><br />The combined lawsuits were filed in Orange County Superior Court and name the University of California, Irvine Medical Center, staff doctors, the former head of the transplant program, and the University of California regents as defendants.<br /><br /><br />&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; &nbsp;<br />&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp; &nbsp;<br /><br />]]></content:encoded>
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		<title>Safety Guidelines Being Ignored in Obesity Surgeries at Several Massachusetts Hospitals</title>
		<link>http://www.yourlawyer.com/articles/read/11082</link>		
		<pubDate>Fri, 23 Dec 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11082</guid>
		<description><![CDATA[A comprehensive investigative report by the Boston Globe has found that, even though they fail to meet voluntary patient-safety guidelines, at least five Massachusetts hospitals continue to perform obesity surgery. But starting in 2007, Blue Cross and Blue Shield of Massachusetts, the state's largest health insurer, will no longer pay for the procedure at hospitals that do not meet these and other standards. In the wake of a highly publicized...]]></description>
			<content:encoded><![CDATA[A comprehensive investigative report by the Boston Globe has found that, even though they fail to meet voluntary patient-safety guidelines, at least five Massachusetts hospitals continue to perform obesity surgery. But starting in 2007, Blue Cross and Blue Shield of Massachusetts, the state's largest health insurer, will no longer pay for the procedure at hospitals that do not meet these and other standards. <br /><br />In the wake of a highly publicized patient death, the state-appointed committee of health officials urged (in August 2004) that the medical community in Massachusetts adopt strict standards for gastric bypasses and other popular obesity surgeries. <br /><br />The committee offered several suggestions to hospitals, one being that they handle more than 100 cases per year, and that individual surgeons perform a minimum of 50 operations per year. <br /><br />The Globe surveyed hospitals that did not meet this volume standard in 2004 and found that at least five hospitals still perform obesity surgery, even though they treat fewer patients than recommended by the committee: Caritas St. Elizabeth's Medical Center in Boston, Morton Hospital in Taunton, Beverly Hospital, Tobey Hospital in Wareham, and Winchester Hospital. <br /><br />Although the hospitals did between seven and 70 of the surgeries during the fiscal year that ended Sept. 30, 2005, they defended their programs.&nbsp; Several said they expect to exceed 100 cases by the time the Blue Cross payment policy takes effect in 2007. <br />The panel had other recommendations for hospitals and doctors, including how to train surgeons, the level of hospital staff expertise, and how to select patients. The Globe did not ask hospitals whether they comply with these recommendations, however.<br /><br />According to state officials, 22 Massachusetts hospitals performed 3,040 obesity surgeries in the fiscal year that ended Sept. 30, 2004.&nbsp; Just 402 obesity operations were performed in 1998. <br /><br />On average, obesity surgery carries a 1% risk of death and a 1% to 15% risk of complications, according to the panel. A recent study found that the risk of death is elevated for the elderly: 2% within 30 days of surgery and 4.6% within a year. <br /><br />Blue Cross spent $20.5 million to cover obesity surgery for 1,214 members in the year ended June 2004. Executives at Blue Cross believe that the surgery should be done only at hospitals that demonstrate high-quality care and a good performance record. <br /><br />&quot;We know there is a significant variability in care across Massachusetts,&quot; said Dr. John Fallon, Blue Cross's chief physician executive and a member of the committee that developed the surgery guidelines. <br /><br />Hospitals will receive applications from Blue Cross next month, asking for detailed information on obesity surgery programs. The hospitals will have one year to comply with the panel&rsquo;s recommendations. <br /><br />]]></content:encoded>
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		<title>Royal Oak hospital to pay $1.1 million for burned boy</title>
		<link>http://www.yourlawyer.com/articles/read/11106</link>		
		<pubDate>Wed, 21 Dec 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11106</guid>
		<description><![CDATA[A Royal Oak hospital has agreed to pay $1.1 million to settle a lawsuit over a fire that burned a premature baby.Oakland County Circuit Judge Gene Schnelz on Tuesday approved the settlement between the parents of Nathan Laporte, now 8, and William Beaumont Hospital.In May, a jury awarded $8.25 million to the family, but state-mandated caps on such awards reduced the award to about $570,000.Craig and Shelley Laporte of Macomb County's Macomb...]]></description>
			<content:encoded><![CDATA[A Royal Oak hospital has agreed to pay $1.1 million to settle a lawsuit over a fire that burned a premature baby.<br /><br />Oakland County Circuit Judge Gene Schnelz on Tuesday approved the settlement between the parents of Nathan Laporte, now 8, and William Beaumont Hospital.<br /><br />In May, a jury awarded $8.25 million to the family, but state-mandated caps on such awards reduced the award to about $570,000.<br /><br />Craig and Shelley Laporte of Macomb County's Macomb Township said Nathan, a quadruplet, suffered serious burns and long-term lung damage in a fire when he was in a premature baby at the hospital. Nathan cannot talk or dress himself or breathe on his own and has learning disabilities.<br /><br />The fire happened in 1997, about three months after his birth, when a doctor at Beaumont used a surgical cauterizing tool around a respirator and sparked a flash fire.<br /><br />The hospital has acknowledged and apologized for the fire and the burns but said the lung damage stemmed from complications of Nathan's 16-week premature birth, not the fire.<br /><br />Prominent personal injury lawyer Geoffrey Fieger represented the parents.<br /><br />&quot;We're ready to focus on our everyday life, our children, the important stuff,&quot; Shelley Laporte told the Detroit Free Press. &quot;This is not the divine justice we were hoping for.&quot;<br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Hospital told to pay $17 mil. for brain damage</title>
		<link>http://www.yourlawyer.com/articles/read/11064</link>		
		<pubDate>Sun, 18 Dec 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11064</guid>
		<description><![CDATA[A Cook County jury Thursday ordered St. Anthony Hospital to pay $17 million in damages to the family of a 7-year-old girl born with severe brain damage and cerebral palsy after an obstetrician delayed her delivery, lawyers for the plaintiffs said.A medical malpractice suit filed on behalf of the girl alleged the in-house obstetrician, Dr. Jacques Hercule, was negligent for waiting 20 to 25 minutes to perform an emergency Caesarean section on the...]]></description>
			<content:encoded><![CDATA[A Cook County jury Thursday ordered St. Anthony Hospital to pay $17 million in damages to the family of a 7-year-old girl born with severe brain damage and cerebral palsy after an obstetrician delayed her delivery, lawyers for the plaintiffs said.<br /><br />A medical malpractice suit filed on behalf of the girl alleged the in-house obstetrician, Dr. Jacques Hercule, was negligent for waiting 20 to 25 minutes to perform an emergency Caesarean section on the girl's mother, Selene Araujo, who suffered a seizure during labor in 1998.<br /><br />'I started crying'<br /><br />The girl, 7-year-old Evelyn Araujo, was born with severe developmental problems that will likely require a lifetime of medical treatment and therapy, according to a statement issued by Anastopoulo &amp; Clore, the South Carolina-based law firm representing the Araujo family.<br /><br />Selene Araujo said she was pleased with the jury's decision.<br /><br />&quot;I started crying when I heard,&quot; she said. &quot;It's for my daughter, and she's going to be able to have a better life.&quot;<br /><br />The hospital would not disclose whether any disciplinary action had been taken against Hercule.<br /><br />&quot;We sympathize with the family involved in this case. While a verdict has been rendered, the parties have agreed to a confidential settlement,&quot; said St. Anthony President and CEO Kathleen DeVine in a statement.]]></content:encoded>
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		<title>Frequently Sued Surgeon Changes His Name</title>
		<link>http://www.yourlawyer.com/articles/read/11044</link>		
		<pubDate>Wed, 14 Dec 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11044</guid>
		<description><![CDATA[According to a report from WWAY News Channel 3 (www.wwaytv3.com) in Wilmington, North Carolina, a former gastric bypass surgeon, who is facing dozens of lawsuits for medical malpractice, has changed his name.Formerly Dr. Steven Olchowski, Dr. Steven Hawkins made the switch so that he can have a fresh start, his attorney said. Although the attorney claimed that Olchowski has no intention of practicing medicine again under the name Hawkins, WWAY...]]></description>
			<content:encoded><![CDATA[According to a report from WWAY News Channel 3 (www.wwaytv3.com) in Wilmington, North Carolina, a former gastric bypass surgeon, who is facing dozens of lawsuits for medical malpractice, has changed his name.<br /><br />Formerly Dr. Steven Olchowski, Dr. Steven Hawkins made the switch so that he can have a fresh start, his attorney said. Although the attorney claimed that Olchowski has no intention of practicing medicine again under the name Hawkins, WWAY pointed out that there was no guaranty of that.<br /><br />In the wake of a flood of malpractice lawsuits, Olchowski lost his medical license in both Michigan and North Carolina. <br /><br />Former patients accused him of lying about the weight-loss procedures he performed on them. They claim that he performed a dangerous short-cut operation that caused life-threatening medical complications.<br /><br />Olchowski (Hawkins) has yet to go to trial for medical malpractice.<br /><br />Patients should be able to access accurate information on Dr. Olchowski on the North Carolina Medical Board website, by searching under his new and former names, officials say.<br /><br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Limited Methotrexate Recall Issued because of Possible Ethylene Glycol Contamination</title>
		<link>http://www.yourlawyer.com/articles/read/11031</link>		
		<pubDate>Mon, 12 Dec 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11031</guid>
		<description><![CDATA[A limited voluntary recall has been issued by Bedford Laboratories (Bedford) with respect to one lot of Methotrexate for Injection (Lot No. 859142 &ndash; Exp. 09/07) as a result of possible contamination with ethylene glycol, the active ingredient in anti-freeze. Bedford, a division of Boehringer Ingelheim Pharmaceuticals Inc., is working with the FDA on this recall. The company has not received any reports of serious health or safety problems...]]></description>
			<content:encoded><![CDATA[A limited voluntary recall has been issued by Bedford Laboratories (Bedford) with respect to one lot of Methotrexate for Injection (Lot No. 859142 &ndash; Exp. 09/07) as a result of possible contamination with ethylene glycol, the active ingredient in anti-freeze. <br /><br />Bedford, a division of Boehringer Ingelheim Pharmaceuticals Inc., is working with the FDA on this recall. The company has not received any reports of serious health or safety problems associated with the recalled lot of Methotrexate. <br /><br />Patients who have questions about the product should contact their doctor. If, however, a patient has any vials of this one lot of Methotrexate for Injection have been instructed to discontinue distribution and use of this lot immediately and contact Bedford Laboratories Customer Service Department (1-800-562-4797) for a returned goods authorization. <br /><br />Consumers that have questions regarding this recall should also contact the Bedford Customer Service Department at 1-800-562-4797, between the hours of 8 a.m. - 5 p.m. (EST).<br /><br />The lot number in question was distributed throughout the United States in October and November 2005 to wholesalers and distributors, who further distribute the product to hospitals.<br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Hospitals ignoring 1-time-use warnings</title>
		<link>http://www.yourlawyer.com/articles/read/11041</link>		
		<pubDate>Sun, 11 Dec 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/11041</guid>
		<description><![CDATA[A growing number of U.S. hospitals are saving money by reusing medical devices designated for one-time use, ignoring the warnings of manufacturers, which will not vouch for the safety of their reconditioned products.Hospitals are not required to tell patients that reconditioned devices will be used in surgery, and surgeons themselves often do not know.&nbsp;&nbsp; &nbsp;The Food and Drug Administration regulates the practice, and many hospital...]]></description>
			<content:encoded><![CDATA[A growing number of U.S. hospitals are saving money by reusing medical devices designated for one-time use, ignoring the warnings of manufacturers, which will not vouch for the safety of their reconditioned products.<br /><br />Hospitals are not required to tell patients that reconditioned devices will be used in surgery, and surgeons themselves often do not know.<br />&nbsp;&nbsp; &nbsp;<br />The Food and Drug Administration regulates the practice, and many hospital administrators say reusing single-use devices is not only cost-effective but also promotes healthy competition with device makers and poses no threat to patients because the instruments are cleaned with such care that they are as good as new.<br /><br />But single-use devices have malfunctioned during reuse, federal records and interviews show. In one instance, an electrode from a catheter broke off in a patient's heart. In another, a patient's eyeball was impaled. And an infant who for months gagged and retched on a resterilized tracheal tube now can take food only from a tube attached to his stomach.<br /><br />The Washington Post examined thousands of pages of documents, including FDA records, court filings and internal company reports, and documented dozens of cases over the past decade of patient injuries and device malfunctions after single-use devices were reused.<br /><br />Single-use devices are being manufactured and reused with increasing frequency. New plastics and other materials make it possible for companies to build intricate, and sometimes delicate, specialized devices that many doctors say are particularly effective in treating patients.<br /><br />The FDA allows manufacturers to choose between getting approval for a device to be used once or multiple times. Companies are frequently choosing one-time use, which means their products do not have to be as sturdy, their liability is diminished after the first use and they are ensured a steady stream of replacement orders.<br />The manufacturers often ship the devices sealed individually in sterile packaging, marked with warnings that they are not to be reused.<br /><br />At the same time, hospitals are increasingly disregarding the one-time-only designation as a manufacturer's ploy to force them to buy more devices than they need.<br /><br />Many hospitals are comfortable with reprocessing single-use devices, in part because they have a long tradition of resterilizing the metal and rubber devices that have been used in surgery.]]></content:encoded>
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		<title>Illinois (U.S.) Law Will Now Require Hospitals to Report 24 Types of Medical Errors</title>
		<link>http://www.yourlawyer.com/articles/read/10984</link>		
		<pubDate>Wed, 30 Nov 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/10984</guid>
		<description><![CDATA[Beginning in January 2008 Illinois law will require state hospitals to report 24 types of careless mistakes called &quot;never events.&quot;&nbsp; These unacceptable blunders, including operating on the wrong limb, leaving a surgical sponge behind, using the wrong blood type, or killing a patient with a drug overdose, while unfortunate, are fairly frequent.The new law, endorsed by the Illinois Hospital Association, stipulates that hospitals must...]]></description>
			<content:encoded><![CDATA[Beginning in January 2008 Illinois law will require state hospitals to report 24 types of careless mistakes called &quot;never events.&quot;&nbsp; These unacceptable blunders, including operating on the wrong limb, leaving a surgical sponge behind, using the wrong blood type, or killing a patient with a drug overdose, while unfortunate, are fairly frequent.<br /><br />The new law, endorsed by the Illinois Hospital Association, stipulates that hospitals must examine the cause of the mistakes and institute a remedy for each one. In turn, the patients and health care workers involved will remain anonymous and the reports will not be used in malpractice lawsuits or for disciplinary action by the State.<br /><br />Illinois is the fourth state to adopt the &ldquo;never event law&rdquo; and has also instituted other laws to maintain hospital standards and protect patients. Hospitals will undergo public inspection and will have to provide infection rates, nurse staffing, and mortality rates<br /><br />William Barron, vice president of quality and patient safety at Loyola University Health System, spoke in favor of the new measures. &quot;There will be a lot of angst over public reporting. But I have not heard anyone state they will not comply with the act for fear of being publicly humiliated. There's an evolving cultural change. It's all about transparency in health care, which by and large is a good thing.&quot; <br type=&#8243;_moz&#8243;/>]]></content:encoded>
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		<title>Brain damage case nets large verdict</title>
		<link>http://www.yourlawyer.com/articles/read/10977</link>		
		<pubDate>Sat, 26 Nov 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/10977</guid>
		<description><![CDATA[A federal judge awarded $60.9 million to a couple whose son suffered severe brain damage when he was born in a Jacksonville Navy hospital two years ago.The award this week for Raiza Bravo and Oscar Rodriguez is believed to be the largest ever under the Federal Tort Claims Act, which allows private citizens to sue the federal government for the negligent conduct of its employees.The government is likely to appeal the case or renegotiate the...]]></description>
			<content:encoded><![CDATA[A federal judge awarded $60.9 million to a couple whose son suffered severe brain damage when he was born in a Jacksonville Navy hospital two years ago.<br /><br />The award this week for Raiza Bravo and Oscar Rodriguez is believed to be the largest ever under the Federal Tort Claims Act, which allows private citizens to sue the federal government for the negligent conduct of its employees.<br /><br />The government is likely to appeal the case or renegotiate the settlement, a long process that could take months or years.<br /><br />&quot;It's like a mix of feelings, it's been sweet and bitter,&quot; said the boy's mother, Raiza Bravo. &quot;Nobody's going to bring back my son's life.&quot;<br /><br />Kevin Bravo Rodriguez, now 2, cannot see, speak or swallow. His muscles are rigid, and he cannot move his arms and legs. He cannot respond to any stimulus except pain, and doctors say he will not live past age 21.<br /><br />Bravo and Oscar Rodriguez, a Navy serviceman, say doctors waited too long to perform a cesarean section to deliver their son at the Mayport Naval Station obstetric clinic.<br /><br />But Kevin had had an infection before his mother came to the hospital, and one of Bravo's physicians was an independent contractor, not a federal employee, said Wendy Jacobus, who heads the civil division of the U.S. Attorney's Office in Miami, which argued the case for the defense.<br /><br />After a 12-day trial that included testimony from a dozen physicians, U.S. District Judge Jose A. Gonzalez on Wednesday ruled that the doctors and nurses who attended to Kevin's birth were guilty of negligence.<br /><br />&quot;This has been emotionally devastating to the family. When someone is waiting for a baby, they're hopeful, they hope their dreams come true,&quot; said one of the couple's attorneys. &quot;When Kevin was born, it turned into a nightmare.&quot;]]></content:encoded>
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		<title>Medical Malpractice Birth Trauma Birth Defects Birth Injuries Cerebral Palsy Attorney</title>
		<link>http://www.yourlawyer.com/topics/overview/medical_malpractice</link>		
		<pubDate>Sat, 26 Nov 2005 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/topics/overview/medical_malpractice</guid>
		<description><![CDATA[Medical Malpractice
Every year thousands of people are injured as a result of medical malpractice. Medical malpractice is negligence committed by a professional health care provider; a doctor, nurse, dentist, technician, hospital or hospital worker-whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice actions are filed...]]></description>
			<content:encoded><![CDATA[<h3>Medical Malpractice</h3>
Every year thousands of people are injured as a result of medical malpractice. Medical malpractice is negligence committed by a professional health care provider; a doctor, nurse, dentist, technician, hospital or hospital worker-whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. <br /><br />Most medical malpractice actions are filed against doctors who have failed to use reasonable care to treat you. The profession itself sets the standard for malpractice by its own custom and practice. Historically under the so-called &quot;locality rule,&quot; a doctor was required only to possess and apply the knowledge and use the skill and care that is ordinarily used by reasonably well-qualified physicians in the locality, or similar localities, in which he or she practiced. But today the trend is toward abolishing such a rule in favor of a national standard of practice. <br /><br />Medical malpractice suits arise under the following circumstances: <br />
<ul>
    <li>     Against a government agency that operates hospitals or provides specified medical care.     </li>
    <li>Against a hospital for administering improper or overdoses of medication, negligent nursing care, inadequate sanitation, infection, or equipment failure.</li>
    <li>Against a physician, who in the general practice of medicine, deviate from the general accepted standards of practice in the community.</li>
    <li>Against a medical specialist who deviates from a nationally accepted standard of practice for specialists in that field of medicine. </li>
</ul>
<ol> </ol>
    <span style="font-weight: bold;">Suits Against Physicians </span><br /><br />In suits against the physicians, medical malpractice most commonly occurs under the following circumstances:      <br />
    <ul>
        <li>The physician delayed diagnosis of a medical condition, or failed to diagnosis the patients medical condition altogether;</li>
        <li>The physician properly made the correct diagnosis, and then failed to properly treat the medical condition properly;</li>
        <li>The physician failed to perform a surgical procedure properly; or</li>
        <li>The physician fails to obtain the informed consent of the patient before performing a procedure or operation.</li>
    </ul>
    If you or a loved one have been serious injured as a result of medical malpractice, please fill out the form at the right for a free case evaluation, by one of our qualified medical malpractice attorneys.
    <ol> </ol>]]></content:encoded>
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