Medical Malpractice

Published on: March 10, 2015

New York patient suffers critical personal injury in ambulance accident after the driver allegedly failed to properly strap her to stretcher

Janet Hickey, a resident of City Island in the Bronx, NYC, was recovering from brain surgery at New York Presbyterian Hospital and was transferred by ambulance to Phelps Memorial Hospital, for rehabilitation. During the trip between the two facilities, the ambulance that was transporting her crashed into a pole in Westchester County. During the accident, the 60 year old woman suffered serious head and neck injuries that left her brain dead. According to doctors who tried to save her after the accident, the woman wasn’t proprely strapped to her stretcher by the Senior Care Emergency Services ambulance staff. Read more in the New York Daily News

Published on: March 9, 2015

To prevent medical malpractice and address the risk of spreading CRE infections in hospitals, ECRI institute recommends culturing duodenoscopes

By GGCRBHS&M

After two patients died and many other suffered personal injury from a recent “superbug”outbreak involving duodenoscopes, the safety of these medical devices (see previous blog) and the method used by hospitals to reprocess them are being questioned. In a recent Hazard Report, the ECRI Institute is recommending culturing Duodenoscopes as a key step to reducing carbapenem-resistant Enterobacteriaceae (CRE). The Institute believes that duodenoscope procedures are vital when treating and diagnosing conditions of the gall bladder and pancreas with Endoscopic Retrograde Cholangiopancreatography (ERCP) procedures and the risk of infection can be mitigated if hospitals upgrade their reprocessing methods by also scope culturing.The Institute recommemds that hospitals not only check with the duodenoscope manufacturer as to whether they are using the appropriate reprocessing method but also add a baseline culture of all duodenoscpoes. Read the complete ECRI High Priority Hazard Report
Picture Duodenoscopy image of two pigment stones extracted from common bile duct courtesy of Wikipedia

Published on: February 27, 2015

Hospitals sharing multi-dose diabetes pen devices among patients is medical malpractice that the FDA is trying to fight by requiring additional label warnings

By GGCRBHS&M

Sharing diabetes pens among patients is a gross medical malpractice that can lead to transmission of infections and viruses such as HIV and hepatitis viruses. According to the FDA, since 2008 thousands of patients may have been exposed to blood-borne pathogens from the sharing of multi-dose pen devices for insulin and other injectable diabetes medicines. In 2009 the FDA was informed that 2,114 patients from a U.S. army facility had been injected with pens that had been used on other patients. Then in 2011, 2,345 patients from the Dean Clinic in Wisconsin were notified that pen and needles had been shared among patients. More recently in 2013, 716 patients from the Veteran Health Administration were notified of potential exposure to infections through the sharing of diabetes pen. Last March in New York, the South Nassau Community Hospital in Long Island contacted 4000 patients to be screened for HIV and Hepatitis after a nurse said she was using the same insulin pen for multiple patients (see previous blog).

Insulin pens and pens for other injectable diabetes medicines should never be shared among patients, even if the needle is changed. To promote safe use, the FDA is requiring that pens and packaging containing multiple doses of insulin and other injectable diabetes medicines display a warning label stating “For single patient use only.” Read the safety announcement from the FDA

Published on: February 23, 2015

Superbug outbreaks related to duodenoscopes : hospital negligence or product liability ? And what is the FDA doing about it?

By GGCRBHS&M

Since 2009, the FDA has been aware that duodenoscopes manufactured by Japanese companies Olympus, Pentax and Fujifilm have been at the origin of the spread of sometimes fatal spread of pathogens but did nothing to change the situation. Hospitals that faced such outbreaks began sterilizing the devices more rigorously and the transmission of dangerous disease stopped. Therefore, the suspicion was that the superbug outbreak happened because of medical malpractice during which the hospital staff didn’t respect the sterilization procedure. However for the first time on Thursday the FDA said that even hospitals that fully respected the sterilization process could have their devices infected by the superbug. However the FDA didn’t propose to improve the sterilization procedures. They only issued a “safety communication” warning healthcare providers that duodenoscopes’ “complex design” may impede effective sterilization. The problematic part is a movable “elevator” mechanism at the tip of the duodenoscope: Its moving parts have microscopic crevices where bodily fluids can remain after standard cleaning. The FDA and the manufacturers are aware of this deadly manufacturing flaw but the FDA didn’t require the manufacturers to improve their device either. Read more on Reuters

Published on: February 19, 2015

Potential case of medical malpractice threatens UCLA hospital as two patients died and nearly 180 patients may have been infected by contaminated endoscopes

By GGCRBHS&M

Medical negligence by doctors or medical staff who do not respect cleaning procedures or fail to discard contaminated implements are often the reason why hospital patients are getting infected by contaminated instruments. Yesterday, UCLA Medical Center announced that 179 patients may have been infected by the super-bug bacteria carbapenem-resistant Enterobacteriaceae (CRE) transmitted by two infected endoscopes during diagnosis and treatment of pancreatic and bile duct problems. The hospital also said that two patients died of complications related to this issue. Outbreaks of CRE and other superbugs are a major issue among hospitals in the USA and all over the world. A recent study found that if the rampant spread of super-bugs wasn’t halted it could kill up to 10 million people a year worldwide and cost $100 trillion. Read more in the New York Daily News

Published on: January 27, 2015

A mobile medical app allowing for continuing glucose monitoring may help prevent medical malpractice related to failure to manage diabetes

By GGCRBHS&M

Failure to manage diabetes can be medical malpractice that can result in serious personal injury such as loss of a limb, an eye or a kidney. A new medical App that was just approved by the FDA may help improve monitoring patients with diabetes. The Dexcom Share Direct Secondary Displays system’s data-sharing capability allows caregivers to a person with diabetes to monitor that individual’s blood sugar levels remotely through a legally marketed device that is available on mobile devices.The patient wears a small sensor inserted under the skin that constantly monitors the patient’s glucose level. The sensor is linked to an app installed on the patient’s mobile device while another app is installed on the caregiver’s mobile device or another person’s mobile device with whom the patient wants to share the data.

Read the press release from the FDA here

Published on: January 21, 2015

What are the potential risks of using pain medicine during pregnancy?

By GGCRBHS&M

To prescribe or recommend certain types of pain medicine to a pregnant woman can be medical malpractice that can result in miscarriage, birth defects or attention deficit hyperactivity disorder (ADHD).

The FDA looked at the most recent research studies published in the medical literature on this subject and found that three types of pain medicines used during pregnancy had the following potential health risks:

Non-steroidal anti-inflammatory drugs (NSAIDs) can lead to miscarriage during the first half of the pregnancy
Opioids taken during the first trimester of pregnancy can lead to birth defects of the brain, spine or spinal cord of the baby
Acetaminophen taken at anytime during the pregnancy increases the risk of having a child suffering from attention deficit hyperactivity disorder (ADHD)

Women who are in pain during their pregnancy should always talk to their doctor and carefully weight the risks and benefits before taking over the counter or prescription pain medicine.

The complete FDA Safety Announcement and more informations on the various studies can be found here

Continue reading →

Published on: January 20, 2015

Medical malpractice suspected after beauty queen who received a $1000 coupon for surgery as pageant prize dies during liposuction

By GGCRBHS&M

The family of 19 year old Catherine Cando Cornejo is claiming that medical malpractice is at the origin of the death of the young beauty queen. The young woman decided to have an abdominal liposuction after she won a coupon for a surgery during a beauty pageant in Ecuador. According to the family, doctors had been pushing her at multiple occasions to undergo what seems to be an unnecessary surgery to loose one inch from her waist. The victim apparently died from cerebral edema according to autopsy results. Medical Malpractice in Ecuador is punishable with one to three years in jail.

New rules adopted by the Obama administration will discourage nonprofit hospitals from over charging and using aggressive tactics to collect payments from low income patients

By GGCRBHS&M

Nonprofit hospitals despicable practices of overcharging patients with no insurance and then using aggressive tactics to collect payments are being discouraged by new rules recently adopted by the Obama Administration. Under the new rules, patients with no insurance who are eligible for financial assistance can not be charged more than “the amounts generally billed” to people who have insurance through a government program or a private carrier. Additionally, hospitals must try to determine whether a patient is eligible for assistance before they start to use aggressive tactics to collect payment.

New ruling opens door to medical malpractice against cruise lines

By GGCRBHS&M

cruise%20medical.jpg In 2011, the family of 82 year old Pasqualre Vaglio from New York sued a cruise line for medical malpractice after the medical staff on board failed to diagnose a brain injury that would lead to the death of the man a few days later. Medical malpractice lawsuits against cruises have been for a long time impossible to win as cruise lines would use various exemptions created by previous court decisions. One of these exemptions known as “Barbetta” held in 1988 that passengers should not expect the same type of medical care on a ship as on land and ships’ doctors and nurses were private contractors beyond the cruise lines’ direct control. In the recent Vaglio case, a three-judge panel of the 11th U.S. Circuit Court of Appeals – which has jurisdiction over the major Florida-based cruise lines – recently held Barbetta is outdated law. The judges said that the doctors and nurses on the cruise line were wearing the cruise uniforms and were held out as ship employees in the promotional material of the cruise line. They also opined that cruise lines these days have sophisticated ICUs and laboratories. They can video conference with medical experts if necessary.

Read more in the New York Times