July 4, 2015

Man Records Doctors Misdeeds

by Levin & Perconti
LinkedIn

Medical malpractice can sometimes be hard to catch. Unless a patient suffers serious and immediate consequences from the malpractice he or she may not know for days, weeks, or even years that he or she has been a victim. However, for some inpatient procedures at least, there is a way to catch healthcare provider errors almost immediately. You can audio or video record your procedure. That is what one Virginia man did, and as a result he caught his healthcare providers’ bad behavior on tape.

Man Recorded His Own Colonoscopy

The Washington Post reported on a man who recorded his own colonoscopy and as a result caught his healthcare providers’ misconduct on tape. The man underwent the procedure in a medical suite in Virginia. Before the colonoscopy began the man pressed “record” on his smart phone so he would be sure to get any directions his doctor gave him about what to do after the procedure. On his way home he pressed play to listen to what had recorded. He realized that he had accidentally recorded the whole procedure, and that the surgical team had begun to make fun of and insult him as soon as the anesthesia put him to sleep. But the mocking was not the worst of it. He also heard the doctors plotting to avoid him after the procedure, the doctors telling an assistant to lie to him, and that the doctors put a false diagnosis in his medical chart. Outraged, the man sued the anesthesiologist for both medical malpractice and defamation, and a jury ultimately awarded him half a million dollars. The award broke down into $100,000 for defamation, $200,000 for medical malpractice, and $200,000 in punitive damages.

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July 1, 2015

Benicar Linked to Gastrointestinal Problems

by Levin & Perconti
LinkedIn

Medical malpractice lawsuits provide a remedy when a patient is hurt by the negligence of a hospital, doctor, or other healthcare provider. Sometimes the problem is not the person providing the care, however. Sometime the treatment itself is the problem. This can be particularly true when it comes to problems with prescription drugs. While many drugs have save countless lives, other drugs are dangerous and have caused real injuries to the patients who take them. One potentially dangerous drug is called Benicar.

FDA Issued Warning About Benicar

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June 27, 2015

Dentist Accused of Malpractice and Fraud

by Levin & Perconti
LinkedIn

Medical malpractice is not just a matter of malpractice by medical doctors. It also includes dental malpractice. Dental procedures can be risky, and dentists are responsible for protecting your health by adhering to an appropriate standard of care. This includes not only properly performing procedures, but not performing unnecessary and inappropriate procedures. Unfortunately some dentists find themselves motivated more by greed than by helping patients, and malpractice occurs.

Dentist in Indiana Accused of Doing Unnecessary Procedures

WISHTV reports that an Indiana dentist is accused of performing unnecessary dental procedures on patients. The dentist is facing potential discipline by the state board. The dentist is also accused of Medicaid fraud. There have been complaints since 2012 that the dentist has been performing the unnecessary procedures. For example, patients claim that he removed dozens of their teeth that did not in fact have to be removed. The current disciplinary proceedings focus on the Medicaid fraud rather than the malpractice allegations, but the dentist has faced malpractice suits in the past for this conduct.

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June 23, 2015

Illinois Hearing Highlights Problems with Tort Reform

by Levin & Perconti
LinkedIn

States around the country are making terrible mistakes by enacting draconian tort reform measures that strip injured patients of their rights to recover from doctors and other medical professionals who hurt them. The only way there is to hold these healthcare providers responsible for their negligence is by filing medical malpractice claims. In spite of the importance of medical malpractice litigation, some state legislatures like those in Missouri, Texas, and Wisconsin have taken steps to severely curtail these lawsuits. Fortunately, it appears that Illinois will not be falling for the tort reform any time soon.

Illinois Committee of the Whole Holds Tort Reform Hearing

Last month the Illinois Committee of the Whole held an hours long hearing on tort reform reports the Illinois News Network. There currently are not any official proposals on the table for tort reform in Illinois, but it is always a possibility and the insurance lobby never stops pushing for measures like damage caps. Fortunately at this hearing victims of medical malpractice had an opportunity to speak out and remind legislators why damage caps are so harmful. In addition to these medical malpractice victims, victims of other types of torts also came forward and testified about why general personal injury or wrongful death damage caps would be harmful. The widows of two dead state troopers were among those who testified.

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June 19, 2015

Hospital Has High Secret Death Rate

by Levin & Perconti
LinkedIn

Patients are at the mercy of hospitals, which makes patients susceptible to medical malpractice. While a few tools have been developed to help patients make more informed decisions when choosing a primary care physician, when it comes to choosing a hospital there is often little choice. Smaller communities may only have one or two hospitals, and even in larger communities often the closest hospital becomes the default.

The exception to this rule is when it comes to babies. From selecting a hospital for delivery, to planning serious surgeries that young children may need, parents do everything they can to find the best treatment facility possible. That is why it is so horrifying that a Florida hospital has been keeping its shockingly high surgical death rate a secret from parents.

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June 15, 2015

Soft Tissue Dermal Fillers a Risk

by Levin & Perconti
LinkedIn

The costs of using unsafe pharmaceuticals can be life altering. These dangerous drugs can cause serious injury or even wrongful death. The federal agency tasked with making sure our drugs are safe is the United States Food and Drug Administration (FDA). This agency is responsible for approving safe drugs and removing the dangerous ones from the market. The FDA has now announced that certain drugs used as soft tissue dermal fillers, usually for cosmetic purposes, are riskier than many initially thought. Any patient considering these products needs to fully understand the risks.

What Are Cosmetic Soft Tissue Dermal Fillers?

Soft tissue dermal fillers are injectable products that have been approved to treat wrinkles or to ënhance"a person's cheeks or lips. These products are injected directly into the area to be treated, According to the FDA they should only be injected by health care providers who have appropriate training and experience and who have an in-depth understanding of the anatomy around the treatment area.

Cosmetic Soft Tissue Dermal Fillers Pose a Risk According to FDA

Forbes reports that the FDA Office for Women's Health is warning both practitioners and patients that some soft tissue dermal fillers might accidentally be injected into facial blood vessels. This can cause blockages that restrict blood flow to tissue, and fillers that have been injected into the blood vessels can travel to other areas of the body. If this happens it can cause rare but serious side effects like stroke, visual impairment, blindness, and death of skin tissue.

The most at risk areas of the face include the skin between the eyebrows and nose, the skin in and around the nose, and the area under the eyes. As a result of the discovery of this problem the FDA is working with drug manufacturers to update their labeling to provide more warnings regarding the risks of these products. The FDA is not taking any steps, so far at least, to remove these products from the market.

How Patients Can Protect Themselves

While the FDA does not appear to be doing much to solve the problem, it had provided some advice for potential users of these products. They make the following recommendations for anyone considering using one of these dermal fillers:

*Before using the dermal fillers, talk with your healthcare provider about what the best injection sites are and what the risks associated with those sites may be.

*Understand that certain products have been approved by the FDA for certain areas of the face, and not others.

*Question your provider about any training and experience they have received in this area before undergoing any treatments.

*Read the warnings specific to the fillers that will be used on you and discuss those warnings with your provider.

If you experience any side effects after treatment like unusual pain, vision changes, a white appearance of the skin, or any symptoms of a stroke, seek immediate medical attention.

See Related Posts:

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Medical Malpractice Lawsuit Against Medical Spa

June 10, 2015

More News on Dangerous Medical Device

by Levin & Perconti
LinkedIn

Usually when one thinks of medical malpractice, he or she thinks of an error by a doctor or nurse that leads to a serious medical complication. Sometimes, however, the problem is not with the medical staff. Instead it is with the medical device. One such medical device has been making news ever since the FDA warned the public about it last year. This device is used for a treatment called laparoscopic power morcellation and the problem with it is that it appears to be causing cancer to spread throughout the body. Called a ¨power morcellator," this device has been made by companies like Johnson & Johnson. The FDA warned doctors about the dangers of the device last year, but the FBI is investigating whether Johnson & Johnson knew about the problem long before that warning.

FDA Warned Doctors About the Device Last Year

Over a year ago, in April 2014, the Food and Drug Administration (FDA) issued a warning about laparoscopic power morcellation. The procedure involves using a power tool to chop up the tissue of fibroids or, in the case of a hysterectomy, to chop up the uterus itself. Tissue fragments are then removed from the body using tiny incisions. The problem is that roughly one out of every 350 women undergoing fibroid removal or a hysterectomy has a type of cancer called uterine sarcoma.

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June 8, 2015

5 Common Types of Serious Birth Injuries

by Levin & Perconti
LinkedIn

As medical malpractice attorneys some of the saddest cases we deal with are those where a child has suffered a birth injury. These cases include those where a baby is injured during or before birth by a medical professional’s careless or intentional acts. These injuries happen too often. According to a report by the Centers for Disease Control and Prevention (CDC), in 2006 alone in 19 reporting states there were 2,073,368 births that involved a significant birth injury. These injuries included skeletal fractures, hemorrhages, and peripheral nerve damage. Most birth injuries are relatively minor and heal on their own with time. But some are quite serious. Below we discuss five of the more serious possible birth injuries.

Cerebral Palsy

Roughly 2 or 3 out of every 1,000 children have cerebral palsy. According to the Mayo Clinic cerebral palsy is a “disorder of movement, muscle tone or posture that is caused by an insult to the immature, developing brain, most often before birth.” Kids can start to show symptoms in infancy or as late as the preschool years. This disorder can cause difficulties with movement including walking. Some people with the disorder have difficulty swallowing or have eye muscle imbalance. They may have reduced range of motion due to muscle stiffness. Some patients suffer intellectual disabilities. Epilepsy, blindness, and deafness can also co-occur.

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June 4, 2015

Serious Dental Malpractice Allegations in Florida

by Levin & Perconti
LinkedIn

One little reported area of medical malpractice involves the teeth. Dental malpractice can become an whether you are getting a routine cleaning or undergoing serious dental surgery. An area of dental malpractice that is likely highly underreported is pediatric dental malpractice. Since so many children are afraid of the dentist, and since children can often have difficulties expressing accurate and detailed information about their experiences, parents may not even realize that their child has been a victim. This can go on for years, as one case out of Florida demonstrates.

Florida Pediatric Dentist is Facing Extreme Accusations

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June 1, 2015

Improper Treatment of Intersex Children May be Medical Malpractice

by Levin & Perconti
LinkedIn

Medical malpractice can be an extremely heart-wrenching area of the law because of the deep trust patients put in doctors and the severity of the outcomes when those doctors are negligent. It is never more heartbreaking than when the victim of healthcare provider error is a child. Birth injury and pediatric errors are all too common in our medical system. Another rarer type of malpractice has to do with how hospitals handle the situation where a child is born intersex.

What is it to be Born “Intersex”?

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