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Stated simply, medical malpractice, or medical negligence, is medical care or treatment that falls below the accepted standard of care and causes actual harm to a patient. In a medical malpractice lawsuit, the law places the burden on the patient to prove that a medical provider deviated from the standard of care and caused harm. The first part of the test, establishing the medical provider deviated from the acceptable standard of care, can be fairly straightforward and is often the easier question to analyze and answer.

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The June 2017 issue of the American Journal of Infection Control included a report from the Children’s Hospital of Philadelphia (CHOP) which described 23 infants in their intensive care unit (ICU) who contracted eye infections after eye examinations. In the report, CHOP attributed the cause of the outbreak to some medical staff not wearing gloves, and a “lack of standard cleaning practices” of equipment used in the exams.

This outbreak occurred in August 2016, and a recent lawsuit has been filed on behalf of a family who alleges their premature baby died as a result of her contracted infection at CHOP in September 2016. The premature infant had been transferred to CHOP in July, and by mid-August had tested positive for infection with an adenovirus and was suffering from respiratory symptoms. She eventually developed a bacterial infection on top of the viral illness, and died on September 11, 2016.


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Telemedicine” or “Telehealth” are the terms most often used when referring to clinical diagnosis and monitoring that is delivered by technology. Telemedicine encompasses healthcare provided via real time two-way video conferencing; file sharing, including transmission of health history, x-rays, films, or photos; remote patient monitoring; and consumer mobile health apps on smart phones, tablets, and devices that collect data and transmit it to a healthcare provider. Telemedicine is increasingly being used for everything from diagnosing common viruses to monitoring patients with serious long-term health issues.

The American Telemedicine Association reports that majority of hospitals now use some form of telemedicine. Two years ago, there were approximately 20 million telemedicine video consultations; that number is expected to increase to about 160 million by 2020. An estimated one-third of employer group plans already cover some type of telehealth.


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Vehicle Safety Recalls Are Often Ignored

A recent study by Carfax indicated that more than 63 million vehicles in the United States (one in four vehicles on the road) are being driven with unfixed safety recalls. J.D. Power and Associates estimated the number to be 45 million vehicles, while acknowledging the total could be higher due to older recalls that are difficult to track.

Why Are Vehicle Safety Recalls Often Ignored?

When vehicle safety recalls are delivered, many people put off addressing the issue or ignore it altogether due to inconvenience, lack of time, or perhaps not realizing the danger associated with some recalls. If they don’t own the car anymore, some prior owners just discard the notice.


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In the 1980s, journalists used the Freedom of Information Act to obtain data on individual cardiac surgeons’ surgical outcomes from the New York State Department of Health. A recent JAMA article discusses that type of data and takes the position that despite its limitations, the data should be publicly reported.

Debate Surrounding Reporting of Individual Surgeons’ Outcomes

The debate centers on whether data should be reported on the hospital level only or also reported as to individual surgeons.

According to the article, several objections to reporting data relating to individual surgeons have been raised.

First, an individual surgeon may perform a low number of procedures, possibly leading to an unreliable measure of performance. However, the author notes that performance can be aggregated across multiple years or a surgeon’s performance across a range of procedures can be used. Also, the data can be presented in a way that highlights the statistical limitations.


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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 plaintiff’s private hospital room, defendant discussed his medical condition and disclosed plaintiff’s HIV-positive status in the presence of a third party without plaintiff’s consent.


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A recent study by a team of vehicle experts at the U.S. Department of Transportation’s Volpe Center found that pedestrian crash avoidance/mitigation (PCAM) systems can potentially reduce up to 5,000 vehicle-pedestrian crashes and 810 fatal vehicle-pedestrian crashes each year. Even if a crash is unavoidable, PCAM systems may reduce the resulting number of injured pedestrians by lowering the speed of the vehicle prior to impact.

It only takes a momentary distraction to cause a motor vehicle/pedestrian collision. That distraction may be on the part of the driver of the vehicle or the pedestrian, or a combination of the two. A driver may be distracted by children in the car or a ringing cell phone, or by changing the music that is playing. A pedestrian may be looking at his or her cell phone, talking to others, or even reading while walking. But whatever the cause or causes, the pedestrian is by far the most likely to be injured or killed as a result of the impact.


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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 who was being treated in the neonatal intensive care unit in a Berks County hospital. The infant underwent a transthoracic echocardiogram in Berks County, which was interpreted by a pediatric cardiologist working in a hospital in Philadelphia County. The Philadelphia cardiologist wrote a report of her findings, including her diagnosis and treatment plan. The diagnosis of the Philadelphia doctor was pulmonary hypertension requiring immediate treatment or intervention, which was to be forwarded to plaintiff’s treating providers in Berks County.


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