Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with medical malpractice

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Pigment_stone_extractionAfter 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

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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

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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

 

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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

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pregnant.jpgTo 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

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cruise%20medical.jpgIn 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

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To administer non sterile products intended for training to patients is medical malpractice that can have very dangerous consequences. Recently Wallcur, a company that sells medical products intended for training purposes only, received reports that some of its training Sodium Chloride IV Bags had been used outside of their intended use and administered to patients. These bags are not sterile and are for simulation purposes only. To prevent these products from being injected in humans or animals, the company recently issued a product recall and is intending to improve the labels before to continue the distribution of these products..

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medication%20error.jpgMedication error in psychiatric practice can be medical malpractice. In a recent study funded by the National Institute of Mental Health and funds from the Recovery Act, researchers found that patients between the age of 15 and 40 years old who suffered a first-episode psychosis were not prescribed a medication treatment complying with the recommended guidelines for their condition. According to the guidelines, patients with a first episode of psychosis should be treated differently than those with recurrent episodes.

Researchers are calling for more prescriber education after they studied 404 individuals suffering from an initial schizophrenia episode and found that 159 of them were not prescribed an appropriate treatment. Among these 159 people, 8.8 percent were prescribed higher-than-recommended doses of antipsychotics; 23.3 percent were prescribed more than one antipsychotic; 36.5 percent were prescribed an antipsychotic and an antidepressant without a clear need for the antidepressant; 10.1 percent were prescribed psychotropic medications without an antipsychotic medication; and 1.2 percent were prescribed stimulants. In addition, 32.1 percent were prescribed olanzapine, a medication not recommended for first-episode patients. Some of the 159 fell into multiple categories.

Read more in the press release of the National Institutes of Health

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Health%20tech.jpgDevice-related hazards can lead to medical malpractice. In its 2015 top 10 Health Technology hazards, ECRI Institute lists 10 safety topics deemed crucial for hospitals to address. Here is the list of the top 10 technology hazards;

1. Alarm hazard: inadequate alarm configuration policies and practice 2. Data integrity: incorrect or missing data in EHR’s and other Health IT Systems 3. Mix-Up of IV lines leading to misadministration of drugs and and solutions 4. Inadequate reprocessing of endoscopes and surgical instruments 5. Ventilator disconnections not caught because of mis-set or missed alarms 6. Patient-handling device use errors and device failures 7. “Dose Creep”: unnoticed variations in diagnostic radiation exposures 8. Robotic surgery: complications due to insufficient training 9. Cyber security: insufficient protections for medical devices and systems 10. Overwhelmed recall and safety-alert management program

In future blogs we will look at each of these medical technology hazards in detail.

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Failure to diagnose Small Intestinal Bacterial Overgrowth (SIBO) can be medical malpractice that can result in bloating, abdominal distention, abdominal pain and discomfort, diarrhea, fatigue and weakness. Complications of SIBO range from mild, including diarrhea and minimal vitamin deficiencies, to severe, including malabsorption and neuropathies due to fat-soluble vitamin deficiencies.

In a recent article in the Washington Post, Sandra G. Boodman, tells the story of a woman who struggled for more than 40 years with this condition. For years she was misdiagnosed with irritable bowel syndrome until she was referred to Gina Sam a gastroenterologist at the Mount Sinai Hospital in Manhattan and a specialist in motility disorders, problems that occur as food passes through the digestive tract. Because the woman didn’t suffer any pain which is a prominent symptom of Irritated Bowel Symptom, Dr. Sam suspected her patient was suffering from another condition. The doctor was able to properly diagnose her patient with SIBO, a condition that has received new attention as gastroenterologists have focused on the importance of the microbiome, the stew of bacteria and other microorganisms that comprises the gut’s ecosystem and is affected by diet.

Read the complete article here

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