New York, NY Medical Malpractice Blog

ABC reports an old saying among some doctors: do not let your friends and family schedule surgery in July. New residents, fresh out of medical school, report to their teaching hospitals in July after graduation. Researchers from the University of California recently confirmed anecdotal evidence of the "July Effect" -- a rise in medical errors.

The study examined more than 62 million death certificates from across the United States, dated from 1979 to 2006. Of those, 244,388 were caused by medication errors in a hospital. The statistical likelihood of a fatal medication error was virtually equal for all months except for the month of July at teaching hospitals. In counties with a high number of teaching hospitals, the study found that fatal medication errors spiked by 10 percent in July, while it stayed the same in areas without teaching hospitals. The study findings are reported in the Journal of General Internal Medicine.

Dr. Joanne Conroy, chief health care officer for the Association of Medical Colleges, agreed that July is a hectic month but adds that there are a lot of new caregivers in July. She states that July is "probably a time where there are a lot of health professionals assuming new responsibilities. Everybody moves up."

Dr. David Orentlicher, a medical doctor and professor of law at Indiana University, told ABC that there are many aspects of starting a new residency that might put people at risk for medical errors, including residents' inexperience, sleep deprivation and need to learn a new hospital system. He suggests the use of computer software to assist in checking for prescription or dosing errors.

According to a recent study published in the Archives of Internal Medicine, sepsis and pneumonia acquired in hospitals may kill 48,000 people or more each year in the United States. Both infections can often be prevented with appropriate infection control practices in hospitals.

Ramanan Laxminarayan, of the study, reported that it is the first to link about half of all infection deaths directly to infections acquired in the course of care in hospitals. As opposed to the Centers for Disease Control and Prevention (CDC) estimates, the study calculates deaths caused by, not merely associated with, hospital-acquired infections. Additionally, the CDC figures are based on voluntary hospital reporting, while the new study results are based on data regarding patient diagnoses, hospital treatment and pre-admission exposure to infections. The researchers analyzed 69 million discharge records from hospitals in 40 states between 1998 and 2006.

The study estimates that hospital-acquired sepsis and pneumonia added $8.1 billion to health care costs in 2006 alone. Medicare and many state Medicaid programs have announced decisions to reduce or eliminate payment for re-hospitalization or care made necessary by preventable complications such as infections. However, even this financial incentive may be insufficient to spur better infection control for hospitals as administrators weigh the immediate costs of implementing infection prevention measures. Private insurers may also increasingly amend their policies to exclude coverage for avoidable events.

Proactive patients may want to inquire about hospital checklists, policies and statistics related to hospital-acquired infections.

A New York Grand Jury has subpoened Toyota to submit document relating to problem with the steering relay rods. The company said that the subpoena did not specify which models or production year, but did say they are different than those involved in sudden unintended acceleration.

In 2005 Toyota recalled nearly 1 million trucks due to faulty relay rods. Subsequent to that there have been a number of recalls involving floormats, pedals, and other mechanical problems.

If you have been injured as a result of a manufacturing defect in a Toyota car, contact Rheingold, Valet, Rheingold, Shkolnik & McCartney LLP for a free consultation

Seattle Bike Supply and the Consumer Product Safety Commission (CPSC) have recalled 2010 Redline Conquest Cyclocross bicycles and framesets after it was found that the fork leg can detach from the fork crown causing riders to lose control. There are 330 bicycles and framesets involved in the recall.

Owners are advised to stop riding the bicycles and contact their local bike dealers for a replacement.

Rheingold, Valet, Rheingold, Shkolnik & McCartney are experienced in bike frame failure litigation and are handling multiple cases in which bike riders have been seriously injured. If you have been seriously injured after your bike frame failed causing you to fall, contact an attorney at Rheingold, Valet, Rheingold, Shkolnik & McCartney to speak with a New York product liability lawyer handling cases all over the country.

GlaxoSmithKline has agreed to pay $460 Million dollar to settle roughly 12 thousand lawsuits that have been filed over Avandia, a diabetes pill. The worst case scenario that Glaxo had outlined was paying $500,000 for all of the claims which would've totaled $6 billion.

An FDA advisory committee will vote today on whether or not to withdraw Avandia from the market after there has been concern about the cardiovascular risks associated with the drug. There has been much speculation about how the drug was approved, and whether information was excluded in order to win teh approval from the FDA.

The attorneys at Rheingold, Valet, Rheingold, Shkolnik & McCartney are experienced product liability lawyers who have handled multiple drug manufacturer liability cases. We this news closely to see if the drug will be withdrawn from the market. Contact us if you believe you have been injured as a result of the harmful side effect from a drug to speak with a lawyer to help protect your rights.

Briefing documents released Tuesday show that the Qnexa, which is a combination of Phentermine (one of the ingredients in FenPhen) and Topiramate (a seizure med that may increase suicide market as Topamax), may have harmful psychiatric and cardiovascular side effects.

Qnexa is being review by an agency panel Thursday. The main concern currently is that there hasn't been enough testing among pregnant women, which may lead to an increase in fetal deformities.

Rheingold, Valet, Rheingold, Shkolnik & McCartney was deeply involved in the FenPhen litigation and if this drug recieves approval we will be following it closely. Contact us for a free consultation if you think you have been injured as a result of a prescription drug.

The Consumer Product Safety Commision (CPSC) has annouced the voluntary recall of 100 Eastside Fix Bicycle forks because the front fork can break, posing a hazard to riders and others around them.

Consumers have been advised to stop riding these bicycles and contact their local Campus Cruisers dealer for a repair.

Rheingold, Valet, Rheingold, Shkolnik & McCartney LLP have been handling defective bike frame cases for quite some time.  If you have been injured as the result of a bike fram failure contact us for a free consultation.

Toyota issued a recall of 270,000 Lexus sedans after an issue with the engine had been reported. The manufacturer has not said how they are going to fix vehicles subject to the recall. Some owners reported of a strange noise coming from their engines, and other reported their engines would stall while driving.

This recall comes on the tail end of another recall that was issued because of the potential for excessive fuel spilling during rear end collisions which would lead to fires.

If you have been injured as a result of a defective Toyota vehicle call the lawyers at Rheingold, Valet, Rheingold, Shkolnik, & McCartney LLP to speak with an experienced auto product liability attorney.