Category Archives: Medical Malpractice

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FDA Issues Warning Letter Concerning Stomach Balloons Used to Treat Obesity

Posted in Medical Malpractice

After the sudden deaths of five people following the placement of inflated silicone balloons in their stomachs to treat obesity, the Food and Drug Administration sent a letter to health care providers on August 10, 2017, warning of potential risks associated with the intragastric balloons. All five reported deaths happened within one month of the procedure,… Continue Reading

Is Doctor’s Disclosure of Patient’s HIV-Positive Status Medical Malpractice?

Posted in Medical Malpractice

A recent New Jersey case addressed a statute of limitations issue pertaining to claims arising from a physician’s disclosure of a patient’s HIV-positive status to a third party without his consent. Plaintiff was a patient of the defendant physician, a board-certified nephrologist. He was being treated for acute kidney failure. During an emergency consultation in… Continue Reading

What You Should and Shouldn’t Do if You Suspect Medical Malpractice

Posted in Medical Malpractice

According to the Centers for Disease Control and Prevention (CDC), 83.6 percent of adults and 93 percent of children had contact with a health care professional in 2015. Hospital visits numbered 125.7 million while physician office visits numbered 922.6 million. While the vast majority of medical procedures go smoothly, errors do occur and cause injury… Continue Reading

Surgical Robots Left Behind Metal Fragments in Heart Patients’ Brains

Posted in Medical Malpractice

Heart surgery patients failed to prove that they were injured after Intuitive Surgical Inc.’s da Vinci surgical robot left metal fragments in their brains, said the Eleventh Circuit in upholding a District Court decision dismissing their case. The plaintiffs alleged that MRIs showed that metal fragments discharged from the robot’s surgical instruments, entered their bloodstreams… Continue Reading

Voluntary Recall of Duodenoscope Issued Due to Infection Risk

Posted in Medical Malpractice

In 2015, prompted by outbreaks of antibiotic-resistant infections linked to duodenoscopes, the FDA issued a Safety Communication, indicating that the complex design of duodenoscopes may impede effective reprocessing. From January 2013 through December 2014, the FDA received 75 Medical Device Reports (MDRs) involving approximately 135 patients relating to possible microbial transmission from reprocessed duodenoscopes. Duodenoscopes… Continue Reading

Are Medical Malpractice Damages Caps Unconstitutional?

Posted in Medical Malpractice

The Wisconsin Court of Appeals recently joined courts in Florida, Illinois, New Hampshire, and Washington in finding that caps on noneconomic medical malpractice damages are unconstitutional. The appeals court found that Wisconsin’s cap on noneconomic medical malpractice damages always reduces noneconomic damages only for the class of the most severely injured victims who have been… Continue Reading

Venue Returned to County Where Failure to Communicate Medical Test Results Occurred

Posted in Medical Malpractice

In Pennsylvania, a medical malpractice lawsuit must be filed in the county where the alleged malpractice occurred. The Superior Court in Pennsylvania recently reversed a trial court decision in a medical malpractice case that transferred venue from Philadelphia County to Berks County, sending the case back to Philadelphia County. The case involved a premature infant… Continue Reading

Sales of Opioid Pain Medication Halted After FDA Request

Posted in Medical Malpractice

Endo Pharmaceutical’s recent decision to halt sales of Opana ER (oxymorphone hydrochloride) quickly followed the U.S. Food and Drug Administration’s (FDA) request that it remove the abuse-linked opioid pain medication from the market. This is the first time the agency sought to remove a currently marketed opioid pain medication from sale due to the public… Continue Reading