Category Archives: Medical Malpractice

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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

Can a Doctor Delegate Duty to Obtain Informed Consent to Staff Member?

Posted in Medical Malpractice

A physician cannot perform a surgery or other medical procedure on a patient without first obtaining the patient’s informed consent. Informed consent means that the patient was advised of the risks, benefits, and alternatives to the procedure and, knowing these, made the decision to undergo the procedure. A physician can be legally liable where he… Continue Reading

Florida Supreme Court Strikes Down Cap on Medical Malpractice Damages

Posted in Medical Malpractice

The Supreme Court of Florida held that the state’s statutory caps on personal injury noneconomic damages in medical negligence actions violate the Equal Protection Clause of the Florida Constitution. The statute, section 766.118, set noneconomic damages caps of $500,000 per claimant in personal injury or wrongful death actions arising from medical negligence. If the negligence… Continue Reading

Hospital Must Disclose Fired Nurse’s Personnel File in PA Medical Malpractice Case

Posted in Medical Malpractice, Wrongful Death

Access to a nurse’s personnel file became a key issue in a recent PA medical malpractice wrongful death and survival action. In Snyder v. DeCesare, the Court of Common Pleas of Lackawanna County considered whether plaintiffs were entitled to disclosure of the personnel file of defendant Heather Shingler, RN. Plaintiffs alleged that their unborn child… Continue Reading

Residents’ Return to 24-Hour Shifts Rekindles Controversy Over Patient Care

Posted in Medical Malpractice

On March 10, 2017, the Accreditation Council for Graduate Medical Education (ACGME) announced that first-year doctors will be allowed to work 24-hour shifts in hospitals starting July 1, 2017. The cap that has limited shifts to 16 consecutive hours of patient care since 2011 will be lifted. The 80-hours-per-week cap remains in place. Balancing the… Continue Reading

Osteo Relief Institute Jersey Shore Employees Failed to Wash Hands and Reused Syringes

Posted in Medical Malpractice

As reported by philly.com, New Jersey Department of Health investigators have released a preliminary report finding that that the Osteo Relief Institute Jersey Shore in Wall Township deviated from multiple infection control guidelines issued by the Centers for Disease Prevention and Control. The report indicates that the clinic’s disregard of accepted hygiene practices likely caused… Continue Reading