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J&J in hot water -- again -- for selling unapproved medical devices

On behalf of Biancheria & Maliver P.C. posted in Medical Malpractice on Thursday, January 26, 2012

Johnson & Johnson (J&J) is the largest pharmaceutical company and medical device maker in the world, with drug and equipment sales made across the globe that reap the company billions of dollars in profits annually.

Sometimes, though, and especially regarding its relationship with U.S. federal regulators, J&J appears to be more like a kid in school who is constantly caught and reprimanded by the teacher for cheating and taking unapproved shortcuts.

That can -- and has -- led to mass litigation concerning medical malpractice against the company and doctors that use its products, in a number of instances.

Continue reading J&J in hot water -- again -- for selling unapproved medical devices

Tags: DePuy hip-replacement litigation, Johnson & Johnson, McNeil Consumer Healthcare, Warning Letter, medical malpractice, orthopaedic devices

Medical commentator: Doctors, apologize for medical mistakes

On behalf of Biancheria & Maliver P.C. posted in Medical Malpractice on Tuesday, January 24, 2012

Say that you're a doctor who is concerned about the repercussions of a medical malpractice error -- both in human and economic terms -- and wondering what to do about it.

Here's some solid advice: Think hard before meekly following the dictate of your insurance company, which is likely telling you to keep mum about the matter and avoid any personal discussion with the patient or the patient's family.

Try this instead: Own up and apologize.

Continue reading Medical commentator: Doctors, apologize for medical mistakes

Tags: doctor's mistake, doctors' apologies, injured patients, medical error, medical malpractice

AMA report: Electronic patient records "linked to errors and harm"

On behalf of Biancheria & Maliver P.C. posted in Medical Malpractice on Friday, January 20, 2012

Although researchers involved with a recently issued report by the American Medical Association (AMA) focusing upon electronic health records (EHRs) say that they take no official position one way or the other on EHRs, their report manifestly indicates a number of wide-ranging problems with the evolving hospital technology.

Is it glass half full or half empty concerning the nexus between EHR systems and patient harm? In other words, are the relatively new systems being implemented at a constant pace in hospitals and clinics across the country improving patient safety or, in some cases, actually undermining it by precipitating or contributing to acts of medical malpractice and hospital negligence?

Continue reading AMA report: Electronic patient records "linked to errors and harm"

Tags: American Medical Association, electronic health records, hospital negligence, medical malpractice, patient harm

Researchers: Medical study data must be widely, routinely shared

On behalf of Biancheria & Maliver P.C. posted in Misdiagnosis of illness on Wednesday, January 18, 2012

The ability of scientists or research teams to replicate or otherwise test and evaluate the results of scientific studies authored by other parties is critical for a number of reasons.

For starters, alleged truth must be tested and confirmed before it can be universally recognized and applied, in fields ranging from science to medicine. Moreover, errors that are allowed to remain in scientific work because others do not have meaningful access to third-party research bring about danger in real-life contexts.

Consider a study that has implications for spinal cord injuries, anesthesia errors, the misdiagnosis of an illness or some other medical topic of concern. It might have uncovered a revolutionary new truth or, conversely, contain a deadly flaw in its logic, but neither of those outcomes can be known or acted upon in the wider world without complete releasing of the data upon which the work is based that provides for its ready replication.

Continue reading Researchers: Medical study data must be widely, routinely shared

Tags: anesthesia errors, medical harm, misdiagnosis of an illness, spinal cord injuries, transparency requirements

An "Anecdotal Complaint" About An ICU EHR

By Biancheria & Maliver P.C. posted in Medical Malpractice on Monday, January 16, 2012

"An "anecdotal complaint" (see health IT-specific definition of 'anecdotal' at this link) from a practicing medical informaticist on an EMR system being rapidly rolled out - in a neonatal ICU, where a single slip is an ended life or lifelong crippling injury, and a multimillion dollar lawsuit, in the making..."

Read full blog at An "Anecdotal Complaint" About An ICU EHR

Tags: EHR ICU Complaint Plaintiff Lawsuit

Federal judge rules VA hospital negligence in veteran's lawsuit

On behalf of Biancheria & Maliver P.C. posted in Failure to treat infections on Thursday, January 12, 2012

The argument made by government attorneys recently in a medical malpractice lawsuit brought against the Veterans Administration alleging negligent treatment of infection apparently struck the judge as being patently unpersuasive and clearly unsupported by striking evidence to the contrary.

Continue reading Federal judge rules VA hospital negligence in veteran's lawsuit

Tags: Memphis Veterans Medical Center, colon infection, medical malpractice, negligent treatment of infection, pain and suffering

Dismal record in hospitals of noting, reporting patient harm

On behalf of Biancheria & Maliver P.C. posted in Errors in medication on Monday, January 9, 2012

Federal investigators and a team of independent doctors say that, while the primary reasons for medical facilities' underreporting of medical errors -- including medication errors and hospital-induced infections -- might have changed over the years, the end result is the same: Adverse events are being visited on patients in far too many instances, and medical practice and policy is not being changed to prevent them.

Continue reading Dismal record in hospitals of noting, reporting patient harm

Tags: Medicare patients, adverse events, hospital-induced infections, medical errors, medication errors, patient harm

ER departments: Overcrowding, medical errors, a need for change

On behalf of Biancheria & Maliver P.C. posted in Misdiagnosis of illness on Friday, January 6, 2012

It is no secret to many people who have gone to an emergency room for treatment in the past few years that ERs have become increasingly frantic and busy places.

The situation that often prevails in emergency departments -- too many patients, too few beds, insufficient staffing to meet patient needs -- leads to an assortment of negative outcomes, ranging from long waits at one end of the spectrum to errors in prescribed medication, misdiagnosis of illness and surgical errors at the other extreme.

Continue reading ER departments: Overcrowding, medical errors, a need for change

Tags: emergency room, errors in prescribed medication, misdiagnosis of illness, scheduled surgeries, surgical errors

Caregivers' "alarm fatigue" dulls effectiveness of heart monitors

On behalf of Biancheria & Maliver P.C. posted in Medical Malpractice on Wednesday, January 4, 2012

Here is a bit of decided irony increasingly playing out in American hospitals: In much the same way that too many vitamins or too much exercise can actually be bad for a person, so, too, can too many heart monitors being routinely hooked up to patients bring about unintended medical harm.

Death, in fact, and in growing numbers. In an interesting twist on medical malpractice, patients are dying because of nurses' and other caregivers' failure to respond to monitors that blare out warnings regarding heart rates, abnormal heart rhythms and other irregularities.

Continue reading Caregivers' "alarm fatigue" dulls effectiveness of heart monitors

Tags: abnormal heart rhythms, alarm fatigue, heart monitors, medical harm, medical malpractice

Medical error leads to hepatitis C virus for organ, tissue donees

On behalf of Biancheria & Maliver P.C. posted in Misdiagnosis of illness on Friday, December 30, 2011

A misreading of a nucleic acid test performed on a deceased donor's tissue has turned out to be a costly misdiagnosis resulting in at least four instances of donees becoming infected with the hepatitis C virus.

The donor died earlier this year after a motor vehicle accident left him with a fatal traumatic brain injury. His father told medical personnel that his son had no previous involvement with intravenous drugs, but the donor actually turned out to have had a history of substance use.

Continue reading Medical error leads to hepatitis C virus for organ, tissue donees

Tags: cardiopulmonary patch, hepatitis C virus, infected kidney, intravenous drugs, misdiagnosis, nucleic acid test

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