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New York City Medical Malpractice Law Blog

Common Causes of Surgical Errors, Part 2

Surgical errors, while sadly common, are nonetheless dangerous and devastating. A surgical error can take months or years to be properly diagnosed and can even result in death. A prior post discussed two major causes of surgical errors: wrong-site surgery and retained foreign objects. This post will address the remaining three: infections, falls and medication errors.

Study finds birth injuries are the most common cause of autism

Birth injuries are a terrifying experience. You go through this incredible experience only to have it marred by a medical error. In fact, many birth injuries may not manifest for weeks or months after they occur. According to an extensive study by a series of medical experts and researchers, at least 80 percent of children who suffer from autism and attention deficit disorder (or hyperactive disorder) experienced some sort of birth injury. This post will briefly go over common birth injuries and how they may affect your child's health.

Medical Device Guardian's Act Expands Adverse Event Reporting Requirement

Starting in 2019, under the newly introduced "Medical Device Guardian's Act", healthcare facilities, such as hospitals, nursing homes and outpatient treatment facilities will be required to report problems concerning medical devices to the FDA.

Common Causes of Surgical Errors, Part 1

Surgeries are inherently dangerous. That is why most (if not all) hospitals will have you sign a release form. That release form only protects the hospital and doctors against some unavoidable outcomes. For example, every nurse and doctor may follow proper clean procedures but that doesn't stop every infection. Additionally, surgeons cannot predict everything they will find once they go in for surgery. Unknown medical conditions might occur or complications. Not every bad result from a surgery is the result of doctor negligence but that does not mean they shouldn't be investigated.

State Senate debates bill to extend medical malpractice deadlines

A common issue among medical malpractice suits is that the deadlines are relatively tight. The current law requires that patients file their lawsuit with 2.5 years of the alleged malpractice. This might sound like a lot of time but certain diseases which take years to properly manifest can and do slip by unnoticed until after the deadline has passed. This prevents patients with legitimate claims from getting their day in court.

Study Finds Smaller Doses of Heartburn Drugs May Benefit Women Just as Well as Larger Doses

Most people who take PPIs remain on the drugs for years. However, due to increasing evidence suggesting the acid reflux drugs can lead to a world of complications - chronic kidney disease and failure, acute interstitial nephritis, heart attack, and even dementia -the benefits of the drug have been called into question. In the face of growing concern related to the use of proton-pump inhibitors (PPIs), a new study has found that women may be able to take much smaller doses of popular heartburn drugs without losing out on drug efficacy.

Dangerous Kidney Side Effects from Proton Pump Inhibitors: Recent Science May Show Why

Recent cutting edge science has shown that there are various other long term effects of using PPIs including: dementia, increased prevalence of myocardial infarction, acute renal failure, and chronic kidney disease. A Rapid Communication research report by the American Heart Association has suggested this may be due to the acceleration in senescence (deterioration with age) in human endothelial cells.

Most doctors are repeat medical malpractice offenders

A study published in the New England Journal of Medicine found that doctors who are sued once for malpractice are more likely to be sued again. The study found that one percent of doctors paid 32 percent of all malpractice claims. The researchers also found that the more doctors are sued, the more likely they are to be sued again. It is a vicious cycle that leaves a trail of injured patients in its wake.

The researchers analyzed data from the National Practitioner Data Bank, they went back through 10 years of paid medical malpractice claims. They found 62,426 claims were paid against 54,099 doctors. The good news is that 94 percent of all doctors have no claims. The bad news is that a handful of doctors are responsible for the majority of claims.

Johnson and Johnson Forced to Pay $124 Million on Risperdal Case

Johnson and Johnson (J&J) has been ordered to pay a $124 million marketing penalty for their drug Risperdal. Risperdal is an atypical antipsychotic medication that is used to treat schizophrenia, bipolar disorder, and irritability caused by autism. A major side effect that the pharmaceutical company did not warn users about was a condition called gynecomastia, which is abnormal breast growth in males. Johnson and Johnson were said to be illegally promoting the drug towards children in the 1990s through early 2000s without disclosing information about this condition. Thus lawsuits began to occur and the latest one has finally come to an end in South Carolina when the Supreme Court of the United States rejected Johnson and Johnson's appeal.

Nursing Homes Are Prone to Commit Errors

No one likes admitting that they cannot take care of their loved ones. Putting your grandparent or parent in a nursing home is felt like an admission of defeat, like you can't or won't care for them. So people are often reluctant to place them in home and may spend weeks or months researching the perfect facility. But don't be fooled by their impressive sales pitch or clean walls. Many nursing homes are prone to commit errors where it matters most, dispensing medication.

A study that was published in the Journal of American Medical Information found that nursing homes commit medication errors about 21 percent of the time. The study was examining the efficacy of robotic medication dispensers as a tool to reduce medication errors. These machines were introduced into hospitals decades ago and were very successful in reducing errors. Unfortunately, the same cannot be said for nursing homes.

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