Posts tagged Medical Malpractice

• Nursing Home Wrongful Death Settlement

  Ken Margolin | October 26, 2006 9:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  While going down a ramp, a 79 year old nursing home resident fell out of her wheelchair head first. The injury did not seem at first to be severe. The resident complained of neck, shoulder and back pain, and was taken by nursing home staff to her bed with no further evaluation. When the on-call physician was notified, he prescribed narcotics for pain, but conducted no further examination....

• Important Decision on Drug Manufacturer's Failure to Warn

  Ken Margolin | October 26, 2006 7:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Two year old Andreas Perry developed lymphoblastic lymphoma, a potentially deadly cancer two years ago. In accordance with Andreas' doctor's prescription, his parents were treating eczema with the topical ointment, Elidel. Andreas' parents filed a lawsuit against Novartis Pharmaceutical Co., alleging amongst other things that Novartis had negligently failed to warn users - especially pediatric...

• The Real Medical Malpractice Crisis

  Ken Margolin | October 25, 2006 5:00 PM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Objectively viewed data leads to the undeniable conclusion that medical malpractice lawsuits are not skyrocketing in number, nor are they the cause of escalating insurance premiums for doctors. The malpractice insurers will continue their campaign to prejudice potential jurors by their repetition of the big lie of the evils of malpractice litigation. That crisis - the one invented by the...

• The Myth of the Medical Malpractice Crisis

  Ken Margolin | October 19, 2006 1:27 PM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  There is no medical malpractice crisis - except in the scripts of the well funded campaign of the insurance industry to deprive injured victims of their rights. Our system of civil justice rests on the time-honored principle that a person harmed by the carelessness of another is entitled to compensation for the injury. As has been the case for many years, businesses and professionals maintain...

• Altered Medical Records - Evidence of Medical Malpractice

  Ken Margolin | October 18, 2006 5:00 PM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  In a blog entitled, "When to Call a Lawyer," I touched on the topic of alteration of medical records. In this posting, I will address it in more detail. Accuracy in medical records is essential. They are relied upon by subsequent treating physicians to give an accurate picture of a patient's prior medical history. In those instances when a medical professional must change a record - for example,...

• Doctors Must Screen Organs for Disease Before Donation

  Ken Margolin | October 16, 2006 1:45 PM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  A Superior Court judge has ruled that the Massachusetts Promotion of Anatomical Science Act does not immunize doctors from liability if they implant a diseased organ into a donee. Nelson Gonzalez's liver was failing and he needed a transplant. Doctors implanted a liver that turns out to have been riddled with cancer. The donor had died of brain cancer and the doctors who used the donor's liver...

• Solutions to the Medication Error Crisis

  Ken Margolin | October 09, 2006 12:48 PM | 1 CommentBoston, MA Category: Medical Malpractice
  

  Medication errors injure an estimated 1.5 million Americans each year. That staggering number is reported in studies conducted by the medical profession and pharmaceutical industries themselves. While there is no single cure for this terrible problem, borne ironically, of the tools used to cure disease, the steps to be taken to greatly reduce the problem have been understood for more than 10...

• Medication Errors Crisis Continues

  Ken Margolin | October 02, 2006 12:20 PM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  In the mid-90s, two articles published in the prestigous Journal of the American Medical Association revealed that medication errors created a terrible human and economic toll (LL Leape et al, "Systems analysis of adverse drug events..." JAMA 274 (07/05/19950; DC Classen et al, "Adverse drug events in hospitalized patients...." JAMA). Various studies by the medical professiona and pharmaceutical...

• Five Million Dollar Birth Injury Settlement

  Ken Margolin | October 02, 2006 9:00 AM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  In a highly publicized case, a Bedford, New Hampshire family received a $5,000,000 pre-trial settlement arising out of severe injuries suffered by their son, Dustin, during his delivery. The medical malpractice settlement was reported on the first page of the September 18, 2006 Boston Herald. Dustin's parents alleged that numerous errors by his doctors and nurses caused Dustin to suffer severe...

• Physican Non-Violent Civil Disobedience?

  Staff Writer | June 11, 2006 4:01 PM | 0 CommentsBoston, MA Category: Medical Malpractice
  

  Today the Boston Globe reported the story of a Massachusetts physician, Dr. Stephen A. Hoffman of Framingham, Massachusetts, writing illegal prescriptions to circumvent abusive insurance practices. According to the story, Dr. Hoffman has become frustrated with insurance company practices restricting prescriptions allowances for patients--particularly for those patients whose prescription...