Medical Malpractice Lawyers Inform of the Dangers of Damage Caps

There has been a push in some legal and political circles to cap damages for medical malpractice cases. Usually when this is discussed, some anecdotal story is brought up about some minor injury and a multi-million dollar award. However, these misleading anecdotes do not tell the whole story. The judgments that medical malpractice lawyers get work to serve the community in several ways that, when caps are utilized, are greatly diminished in value. Attorneys help victims regain some semblance of their life, and usually a modest sum to compensate the victims. Damage caps are destructive to our legal system. What Damage Caps Do Those … [Read more...]

New Health Legislation may not provide Coverage for Everyone

The health legislation concerns still keep going and going. The Democrats have celebrated that the bill created in the Senate Finance Committee would not increase the deficit, but it may not actually provide coverage for every American as previously promised. Yes, the bill will cover the expensive and possibility the sickest patients, but it will pose an insurance risk to other people by making them pay even more in health care coverage. This will lead to people once again not being able to afford coverage and then again having not everyone receiving health insurance coverage. The health care reform was supposed to provide health care … [Read more...]

What Every Citizen Should Know About the Nursing Home Industry: A background

Deciding whether to put a loved one into a nursing home is the one of the most difficult decisions we must all face. In today’s fast paced society, however, it has become increasingly difficult to care for the elderly at home. Even more daunting, is choosing the right nursing home. Indeed, making a decision on a facility is difficult; with more and more nursing homes going up every year, the number of available options seems endless, even in some of the more remote sections of the country. Although on the surface many nursing homes may appear to be the same, there are dramatic differences between nursing homes, and unfortunately, many … [Read more...]

Don’t Let Them Fool You – Health Systems can be Held Liable for Incidents at their Hospitals

Here's an interesting legal tactic for you: In a negligence case brought against the system, the University of Pittsburgh Medical Center is apparently asserting that it doesn't run hospitals, despite describing itself as an "integrated global health enterprise" in its own press releases. – Anne Ziegler, FierceHealthCare.com Central to what might be the most interesting negligence trial in quite some time is the untimely death of Rose Lee Diggs. Ms. Diggs, an 89 year-old woman was being treated at the University of Pittsburgh Medical Center. Without any hospital staff noticing, and without any proper means to prevent her from doing so, Ms. … [Read more...]

Help Pass The Medical Safety Device Act

In February 2008, the Supreme Court of the United States ignored Congressional intent and disregarded 30 years of experience under the 1976 Medical Device Amendments (MDA), during which FDA regulation and state tort law worked together to protect consumers from dangerous devices. The court’s recent decision in Riegel v. Medtronic gave total immunity to device manufacturers who fail to adequately warn consumers about device risks. The court, failing to understand that FDA approval does not mean a device is entirely safe, sided with the corporate world over the rights of its citizens, preventing the public from suing when a medical device fails … [Read more...]

Chamber of Commerce: Business As Usual at a Theater Near You

In what seems to be an endless bombardment of spin campaigns, the chamber of commerce has now cracked into the movie business, by releasing a trailer to be shown in Washington, D.C. area theatres. Titled’ “The Faces of Lawsuit Abuse,” The Chamber has once again launched an attack against the world’s best legal system in an attempt to shield their exclusive members from lawsuits. By shamelessly exaggerating isolated issues of what some would call questionable legal practices, the chamber is attempting to invalidate the entire civil legal system of the United States. Although they insist that their goal is to protect everyday citizens from … [Read more...]

Legal Side Effects or Legal Remedy?

In May’s issue, Kate Wilcox stated that a recent U.S. Supreme Court’s decision left drug companies “wide open for lawsuits” because it allowed juries to hold negligent drug companies accountable for harm they cause. The principles expressed by the Supreme Court in the Wyeth decision require federal regulations to improve transparency and public participation in the FDA regulatory process. Also, the decision recognized the state civil justice system provides an additional protection against billion dollar pharmeceutical companies when government regulations fail, and therefore agencies must limit their attempt to preempt state law, except in … [Read more...]

Supreme Court Decision Allows for Compensation

A March 4th Supreme Court decision has allowed juries to award damages for the harmful side effects of drugs, even if the drug had the proper FDA approved warning labels. This ruling comes in the wake of recent discovery that many drugs widely used on the market over the past decade were the result of falsified medical research.Thousands of cases against the makers of drugs like Vioxx, will now have a higher probabilty of settling, after the drug has been shown to cause serious heart related problems, as well as hinder bone growth. If you or a loved one has had their quality of life decline due to the harmful side effects of a prescription … [Read more...]

New Jersey Senator Lends an Ear to the Victims of Insurance Company Tactics

“As far as Kia Moore is concerned, the health insurance system miserably failed her and her 20-month-old son. Xavier Hylton was born at Our Lady of Lourdes Medical Center in Camden with two malfunctioning kidneys and requires daily dialysis treatments as he awaits a transplant. He had grown enough to medically qualify for that transplant by March, but Moore said the procedure was delayed at least six months by a struggle over insurance coverage. Today, she said, her son should already have a functioning kidney and be on his way to living a near-normal life.” (Maryann Spoto, The Star-Ledger) Last week, citizens of New Jersey who have fallen … [Read more...]

THE RESEARCH RECESSION: 12 years of Anesthesiology progress in question

Over the past 12 years, anesthesiologist Scott Reuben revolutionized the way physicians provide pain relief to patients undergoing orthopedic surgery for everything from torn ligaments to worn-out hips. (Brendan Borrell, Scientific American) Rueben’s drug studies were responsible for convincing orthopedic surgeons to move away from the first generation of non-steroid anti-inflammatory drugs to a new method, known as COX2 inhibitors. He claimed that these new drugs, made popular under the names Vioxx, Celebrex, and Bextra, in combination with anticonvulsants could be effective in decreasing postoperative pain and reduce the use of addictive … [Read more...]