Articles Posted in Medical Malpractice Attorneys

epipen injury lawsuit

While the purpose of medical devices is to prevent injury and save lives, mistakes continue to be made, and patients become hurt. On Tuesday, March 24, the Food and Drug Administration let out a swift warning that the EpiPen 0.03mg (epinephrine auto-injector) and EpiPen Jr 0.15mg are malfunctioning and causing serious problems that could cause death and injuries to users. EpiPens are emergency devices used to stop or delay severe allergic reactions from things like foods and insect bites in both children and adults. It’s a popular brand used by families especially because the device has become widely accepted and standard throughout U.S. schools. When in use, EpiPens are forced against the thigh of the user and meant to automatically inject the hormone epinephrine to stop a dangerous allergic reaction.

The FDA issued the warning after global biopharmaceutical companies Pfizer and Mylan spoke with medical providers reporting malfunction issues with the device could cause death or serious injuries to their patients. Pfizer is the manufacturer of the EpiPens in question, and Mylan is the company selling them. It’s estimated that EpiPens impact the lives of 15 million U.S. patients (6 million kids and 9 million adults) each year.

What is Malfunctioning?

younger stroke victims

Doctors May Miss Stroke Signs in Young People

According to the American Stroke Association, strokes are on the rise among young people and in the past decade there has been a 44% increase in the number of young Americans hospitalized due to stroke. While that is an issue in itself, doctors and medical agencies are proving they may not be prepared. Some providers still have the perception that the disease only happens in older people. This means younger people who suffer strokes are being swiftly dismissed or not provided the correct, quick treatments needed in a critical timeframe. For each minute that blood flow is interrupted, two million brain cells will be lost, leaving many younger stroke victims with significant cognitive or physical disabilities.

Medical Malpractice Cases Related to Stroke

how does coronavirus spread

Top 10 Patient Safety Concerns for 2020

Each year, the nonprofit ECRI Institute puts out a “Top 10 Patient Safety Concern Executive Brief” aimed to bring a heightened awareness for a better continuum of care and stronger accountability for U.S. health care systems. The annual top 10 report ranks patient safety concerns in all health care settings and designed to help organizations identify dangerous patient safety challenges and offers suggestions and resources for addressing them.

The list for 2020 includes:

What Is The Worst Medical Malpractice Case
In 2017, a jury sent ex-neurosurgeon Christopher Duntsch, aka Dr. D and Dr. Death, to life in prison for botched surgeries that resulted in two deaths and multiple cases of paralysis. Prosecutors said Duntsch’s surgical outcomes were so poor, so beyond the accepted standard of care, that a grand jury indicted him on five counts of aggravated assault with a deadly weapon as well as a one count of harming an elderly patient. Using information gathered in a yearlong investigation to prove his gross malpractice, attorneys identified more than 30 patients at the four hospitals who were harmed due to his carelessness in just over 18 months.:

  • Baylor Regional Medical Center at Plano: A patient bled to death after Duntsch punctured a major artery during surgery. Another was left quadriplegic.
  • Dallas Medical Center: A woman died of a stroke after a routine operation.

pharmacy error in news

Reports Reveal That Walgreens Execs New of Prescription Error Risks

Although completely preventable, prescription drug mistakes are some of the most persistent and damaging medical errors that can happen and cause nearly 9,000 people to die as a result each year. And according to The New York Times in a report published on February 21, 2020, executives from a major U.S. drug store chain know all too well how those mistakes can happen but still did nothing to help. Walgreens executives knew of the complaints by pharmacy employees that “unreasonable” stress levels were leading to errors in filling prescriptions. Executives later removed the damaging remarks and “high level findings” from presentations created by a consulting service hired to examine the company’s computer system for filling prescriptions, the Times said.

  • Amy Bixler, the director of pharmacy and retail operations at Walgreens, told consultants to delete a bullet point that mentioned how employees “sometimes skirted or completely ignored” proper procedures to meet corporate metrics.

Top 10 Medication Mistakes of 2019

Institute for Safe Medication Practices Releases Top 10 Medication Mistakes of 2019

About one in 5 Americans will experience a medical error in their lifetime. And medication a

nd prescription drug mistakes are some of the most common causes behind those errors, according to a new report published by the Institute for Safe Medication Practices (ISMP).

medicare children

Delays in Treatment and Missing Medication Follow New Health Care Plan for Illinois Foster Kids on Medicaid

On February 1, 2020, nearly 2,500 children and young adults provided care through the Illinois foster care system lost their healthcare coverage due to what a Department of Healthcare and Family Services spokeswoman for the agency that runs the state Medicaid program, described as a “glitch” in a computer program. Although the state started transitioning its Medicaid program in 2011 from a traditional fee-for-service model to managed care, the move has remained troublesome for more an estimated 19,000 former foster children and approximately 17,000 more. The sensitive population in need of medical care through physician visits, therapies, and medication includes children who are victims of abuse and neglect, many of whom have highly complex physical, mental and behavioral health issues, but also those born with cognitive and physical disabilities.

According to several Illinois news reports:

access to medical records

Changes to An Individuals’ Right of Access to Health Records 

In January 2018, Georgia-based Ciox Health filed suit against the Department of Health and Human Services, arguing that some sections of the HIPAA Right of Access rules around third-party requests for patient records are impermissible under the Administrative Procedure Act (APA). Fast forward two years this month when a federal judge in the District Court for the District of Columbia vacated the “third-party directive” within the individual right of access “insofar as it expands the HITECH Act’s third-party directive beyond requests for a copy of an electronic health record with respect to protected health information (“PHI”) of an individual … in an electronic format.”

Additionally, the court held that the fee limitation should only apply to an individual’s request for access to their records, and does not apply to an individual’s request to transmit health documents to a third party.

military malpractice lawsuitGovernment Is Ready to Process Military Malpractice Claims

Since 1950, U.S. Military members have been barred from suing the U.S. government for injury or death resulting from their military duties, including all claims of malpractice, under the U.S. Supreme Court ruling Feres doctrine. But after Army Sgt. First Class Richard Stayskal led a fight to file a $5 million claim for negligence by his Army physicians, a new law is in place that allows active-duty personnel to seek compensation for harm caused by a military health provider.

A bill dubbed the SFC Richard Stayskal Medical Accountability Act led lawmakers to include these changes in the 2020 National Defense Authorization Act on December 20, 2019. The Act now allows troops (or their surviving family members) to file claims for personal injury or death caused by negligence or wrongful acts by a Department of Defense employed health care provider in a military hospital or clinic.

emergency room crisis death

Wisconsin Woman Died Soon After Leaving Emergency Room

A daycare teacher who was waiting to be seen in a Milwaukee hospital emergency room passed away just a few hours after she decided to leave and try an urgent care facility instead. News reports distributed by CNN on January 17, 2020 say she sought emergency medical care at Froedtert Hospital after experiencing chest pains and shortness of breath.

According to the Milwaukee County Medical Examiner report, after waiting more than two hours, the 25-year-old left and went to seek help at an urgent care. She then collapsed as she arrived at the facility parking lot, and was pronounced dead not long after.

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