Tag: attorney

Lasik Eye Surgery may help you see more clearly, but how safe is it really?

The Food and Drug Administration announced on Thursday October 15, 2009 that it will start looking into the negative effects associated with corrective laser eye surgery. Some of these negative effects may include blurred vision and dry eyes. The FDA is going to work with the National Eye Institute and the Department of Defense to investigate the amount of people that experience negative side effects after having this corrective eye surgery. This research will include patient questionnaires and clinical trials to help keep track of patients who have had the surgery. These procedures by the FDA will hopefully help in be able to better understand the effects of laser eye surgery and its long term safety, because it is still unknown. Approximately six million Americans have had this Lasik eye corrective surgery which reshapes the cornea, but the long term safety has been unknown. It is good that the FDA is investigating the negative side effects that people could experience, but it may have been better if they would have done this before six million people have had the surgery. There were years of complaints from patients and the FDA just now decided to step in and look at the problems. Part of this reason seems to be because these types of surgeries cost between a thousand to five thousand dollars to perform. It seems like yet again, money is put before patient care and safety. This is not the way it should be. Maybe the FDA should take a better look at its policies too. Patients should always come first.

For additional information on the effects of corrective laser eye surgery you may visit: http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/SurgeryandLifeSupport/LASIK/default.htm

If you or a loved one has experienced negative side effects due to laser corrective eye surgery, contact a medical malpractice attorney right away. They will help you advocate for the medical care you deserve.

Animal Safety Tips to help protect your Children

Animals are a wonderful thing and can be very good for children. They can teach them how to be responsible, how to be gentle, how to be calmer and not yell around the animals or scare them. Finally, it can be a really rewarding learning experience for the whole family. Too often though, children do not know to behave around animals and they end up getting diseases or bites from animals. Due to these problems the Center for Disease Control or CDC has recommended some basic safety tips for parents and children for good animal care for them and the animals. These tips include:

  • Children under five years need to always be supervised while with animals
  • Do not allow children to kiss animals or put their hands near their mouth or eyes after touching animals
  • Make sure children wash their hands well with soap and water after touching animals
  • Animals such as snakes, lizards, turtles, frogs and other similar animals should be handled with special care around children due to the spread of disease

So many children and other family members get bite by animals and get other diseases due to lack of knowledge about animal safety. These simple tips can help prevent these situations now and in the future.

For more information on animal safety tips and recommendations, you may visit: http://www.cdc.gov/HEALTHYPETS/child.htm

If you or a loved one has suffered an injury due to an animal, please contact a personal injury attorney right away. They can help you get the medical care you and your family deserve.

Chamber of Commerce Attacking Legal System through Radio Ads

In this country, we all have the right to hold another person or party, or even corporation responsible for their acts of negligence, malpractice and other cases of harm. Recently, the Chamber of Commerce has entered the radio advertisement arena in an attempt to protect its high standing members from these lawsuits and claims of negligence. They claim that this is to protect people from meaningless lawsuits, but these ad campaigns are supported by the same people that the Chamber of Commerce is trying to protect, including oil, tobacco, and insurance companies. It seems to like the Chamber of Commerce does not really care about proper care and practices for individuals and Americans, it seems like they care more about protecting their highest paying and loyal supporters. Once again money is put before rights and in this country people have fought for those rights and they deserve the chance to exercise them when the situation calls for it. People’s rights and needs should come first before money, but once again, this is not the case. If people listen to the ads of the Chamber of Commerce than people will not be able to sue for neglect or abuse of a loved one in a nursing home, or a injury due to a product defect or the injuries that can error due to improper label of products. If the members of the Chamber of Commerce were injured due to malpractice they would want to have the right to sue, so other people deserve this right as well.

For additional information on the Chamber of Commerce radio campaigns, you may visit:

http://www.politico.com/news/stories/1009/28211.html

 

If you or a loved one feels you have been injured due to medical negligence, please contact a malpractice attorney right away. They will help you get your voice heard and your rights protected.

Support is Gaining for Health Care Reform, but will it really benefit everyone?

According to an Associated Press poll today, October 7, 2009, the country is spilt forty-forty about whether or not to oppose or support the new health legislation. This includes more seniors supporting the health legislation than back in September. This is very good news for many people, after all, having health coverage for everyone is a great plan, but will it really benefit everyone. The money to provide everyone with health care coverage has to come from somewhere and it means that programs such as Medicare and Medicare and long term care facilities services will be cut to help provide these services as well as cuts being made from many other programs that allow seniors and other people proper medical care and training which helps to prevent abuse. The president’s intentions seem to be great but is the whole picture being looked at? Health care coverage for everyone is not the only thing at stake. People getting proper medical care and services is also at stake. Taking services from people that really need them in order to make sure everyone has coverage seems like a contradiction. Everyone having medical coverage should mean that more services and opportunities are provided, but instead they are being cut and taken away from people that really need them. This means more injuries and abuse if the proper care is not provided. The president wants programs that prevent sickness and illness yet cuts are being made to the services already provided, that just seems wrong. This plan is a good idea, but if you say it will benefit everyone than it really should, and right now it is clear that it will not.

For additional information on the new health care reform poll, you may visit: http://news.yahoo.com/s/ap/20091007/ap_on_bi_ge/us_ap_poll_health_care

If you feel that you or a loved one is not getting the proper medical care or treatment, please call, a medical malpractice lawyer right away. They will help you advocate your case and get you the good medical care you deserve.

Good Actions Speak Louder Than Words for Trial Lawyers

In our society, we have been taught through tort reform and other actions to fear and hate trial lawyers. Many people have come to believe that lawyers do not really care if their client has been injured or if their rights have been violated because it means more money for the lawyer. Many people have come to believe that lawyers do not really care about the health care and well being of their loved ones because the money they get will help them take care of their own loved ones. Every time a lawyer has tried to say that they care about people’s rights, someone else has always been there to say they really do not. People and tort reform have done a good job to make lawyers seem greedy and selfish and given the good ones and the ones that work hard for our rights a bad reputation. This means that lawyers have to stop speaking about what good they will do and actually do it. They have to start persuading juries and the people that their acts are purely selfless by doing selfless good work just for the people. The only way people will begin to see that lawyers are not just all about the money and power but that they care for people and their rights is by showing them through their actions. Supporting people over profits and other similar organizations and groups and being out there in the community with people that are being abused, injured and neglected will help trial lawyers that are for the people gain trust and respect from the people they work  for to help and protect.

People learn by example. If they continue to see trial lawyers performing selfless acts for the people, then they will slowly learn again not to fear and hate lawyers and they will know that lawyers are truly are on their side and fighting for their rights.

For more information on what trial lawyers are doing for the people, you may visit:

This link.

More info.

New Jersey’s Medicare Project

According to the Star Ledger as reported on August 18, 2009, there has been a difference in the amount of money that doctors receive when treating Medicare patients and what hospitals receive. Hospitals only receive a large amount of money, while doctors receive money based on the services they provide to Medicare patients. Some New Jersey hospitals have decided to try and change this by having doctors and hospitals share the profits received. They are hoping this will cut costs by cutting patient stays, lowering rates and improving discharge plans. They are hoping that by saving these costs, hospitals and doctors can work together to help improve medical care for Medicare patients due to sharing financial incentives. Medicare services are significantly more in New Jersey, then the payments that hospitals actually receive. There are currently twelve New Jersey Hospitals participating in this “Medicare Project.”

For additional information on this “Medicare Project” and hospitals involved you may go to:

This link.

KNOW YOUR RIGHTS: Hospitals can be Held Liable for the Negligence of Non-Employees

Hospitals are vicariously liable for the negligence of their employees. However, much of the time, due to a variety of reasons, the doctor seeing you at the hospital is not actually a direct employee of the hospital. Many hospitals would like to make you believe that they are not responsible for the actions of non-employed doctors. Could it be true that hospitals are protected when a visiting doctor makes a life changing error?

The answer is no. First cited in New Jersey in the case, Arthur v. St. Peter’s Hospital, the doctrine of apparent employment establishes that hospitals are generally not liable for the acts of physicians who are not employees but rather independent contractors. However, because the hospital holds out a physician as its employee, the, “…plaintiff had a right to assume that the treatment was that was being received was being rendered through hospital employees and that any negligence associated with that treatment would render the hospital responsible.

If you have been subject harm due to the negligence of a visiting physician, do not let the hospital fool you into thinking you have no case. Please contact an attorney immediately to find out just who is responsible.

Contact a Medical Malpractice Attorney

Contact a Nursing Home Abuse Lawyer

Should Tainted Heparin and Trasylol Victims Be Concerned With The Upcoming Drug Case Before The Supreme Court?

There is no doubt that tainted Heparin victims, Trasylol victims and lawyers alike are concerned with the upcoming decision on Wyeth v. Levine, which is scheduled for a ruling by the Supreme Court this fall.

The issue in this case is whether drug companies should be immune from product liability suits concerning dangerous or defective products if they had prior approval from the FDA. Specifically, the appeal filed in Wyeth v. Levine seeks to overturn a $6.8 million judgment awarded to a Vermont woman that lost part of her arm after doctors injected her with a nausea drug. The lawyers for the drug manufacturer claim that the company is not liable for her injuries because the drug met all necessary FDA requirements and ultimately received FDA approval.

One can only hope that the Supreme Court will see this argument for what it is-just another attempt by a billion dollar drug company to avoid responsibility for a defective product. I heard someone recently put it this way, “So because I passed my driver’s test and the State gave me a license, you can’t sue me if I carelessly wreck your car.” I think that analogy shows just how ridiculous this argument is. Even if you break it down to the issue of “fairness”– no person in their right mind can justify how a woman who is permanently disabled because the FDA and a multi-billion dollar pharmaceutical company released a dangerous product on the market should be faced with economic hardship because her disability check barely pays the bills. Where is the justice in that?

Furthermore, lets consider the people who’s loved ones were killed after receiving a lethal injection of contaminated Heparin. Consider the anxious mothers who became seriously ill after they were placed on a Heparin regiment during pregnancy and are now scared to death of the effects it may have had on their unborn child. How about the patients that sailed through heart surgery, only to die in the recovery room after a lethal dose of Trasylol?

Clearly, a Supreme Court ruling in favor of the drug companies will be nothing more than a license to push questionable drugs through the understaffed FDA and make billions of dollars at the expense of the American people. This is not justice and we can only hope that the Court rules in favor of the little guy in this situation.

Free Legal Advice: Medical Malpractice

Lessons Learned From Vioxx: Why Trasylol and Heparin Victims Must File Suit To Ensure Honest Marketing and Safer Drug Products

Byron Richards from medicationresources.com has written a very interesting post entitled, “Vioxx Shocker-Merck Wrote Many Of the Published Studies.” Needless to say, he had me at hello on this one. After a few weeks of researching the cover-ups and shoddy scientific testing of dangerous drugs such as Heparin and Trasylol, this post solidified in my mind why it is so important for victims of these drugs to come forward and file suit.

Richards reports:

The lawsuits over Vioxx have forced very uncomfortable documents into public view, exposing that Big Pharma has massively corrupted the scientific database with what amounts to promo pieces written by its own employees who then pay for prestigious doctors to attach their names to the studies as if they are legitimate – hiding the fact the drug companies wrote their own studies and conclusions in the first place.

The interesting thing about this post is that Richards is not a lawyer. He is an unbiased author writing on medical wellness. Yet he clearly sees the link between Vioxx lawsuits and the exposure of documents that clearly show the corruption behind the marketing of dangerous drug products. Sadly, without the constant probing from lawyers and the courts, who knows what other incriminating studies actually exist regarding popular prescription drugs.

And while its already too late for the thousands of people that have died from dangerous drugs such as Vioxx, Trasylol and now Heparin, it”s not too late to demand better scientific research and honest marketing procedures by holding these companies accountable via the court system. Admittedly, litigation is not fun. It”s often a long and emotional process for families and attorneys alike. But it”s the only solution. As I noted in my previous post on the Trasylol recalls, Congress will not get involved unless it is in their best interest to do so. Right now it”s in their best interest to let shady testing and marketing procedures continue because the “donations” from drug companies keep them in office. So if we can’t count on Washington, we have to go right to the source and demand more from these pharmaceutical giants by filing suit and making it financially impractical to continue doing business this way.

Unfortunately, what these companies do not realize is that when safety is put first, the profits will come. Look at Volvo. Their cars are ugly, they are expensive but they are known to be safe. And because of their clear desire to protect people, they are tremendously successful. Pharmaceutical companies may have to spend a bit more at the onset of a drug launch for better testing, etc., but the profits will be huge because Americans will put their trust behind the product. So if there are any Big Pharma executives reading this post, consider a consumer friendly way of doing business before the public forces you out of the market via lawsuits and bad press.

Free Legal Advice: Medical Malpractice

Do People File Frivolous Medical Malpractice Suits To Get "Time and Attention" From Their Doctor?

What is the real reason behind the medical malpractice crisis in this country? Could it be medical malpractice victims and “unethical lawyers” who file lawsuits solely for “time and attention” from the physician? Apparently, that”s what some doctors think.

Example number one is this quote from the doctor at Brain Blogger:

Studies have shown that patients who ultimately file a lawsuit are looking for something from the physician. Usually it is time and attention and not money. Unfortunately, money typically is the solution when it gets to that point. Unfortunately, given that the system is set up so that physicians settle out of court, the physician can be penalized by frivolous claims.

Wow-that”s a new one. Let me see if I have this straight. A person who is now unable to work and permanently disabled after a bad doctor makes a careless mistake is only bringing a lawsuit because they want the doctor”s “time and attention?”

Where is the research to support this conclusion? Has he actually talked to patients who have been victims of malpractice? Has he spoken to a young mother is permanently disfigure because a bad doctor misread her mammogram?

Here”s another doctor quote to add to the mix. The doctors over at Physician Entrepreneurs are encouraging all physicians to “band together” against frivolous medical malpractice suits. Here is the main argument from the post:

Doctors who have had enough with frivolous lawsuits have banded together to analyze frivolous lawsuits and take action to discourage unethical lawyers, their paid “experts”, and others from participating in future lawsuits .Medical Justice, launched in 2002 is a membership-based organization designed to complement tort reform and head off frivolous lawsuits.
The service started by a neurosurgeon and attorney has two important components. First, they look at the quality of the so-called expert-witness testimony..

These doctors have started a whole organization to stop “frivolous lawsuits” brought by “unethical lawyers.” Sounds pretty noble right? Not when you stop to look at the facts.

What benefit does a lawyer get for filing a frivolous lawsuit? Number one, there are sanctions and penalties against such actions. Number two (and most importantly), it would make no economic sense whatsoever for a lawyer to file a frivolous medical malpractice lawsuit. Malpractice lawyers work for free – which means that they do not get paid unless they win. Therefore, the cost of experts, research, medical records, etc. is financed personally by the attorney. If they lose or the case is thrown out, the only person that takes a hit is the lawyer. Why then would any business person in their right mind waste resources on a case that has no merit. Here, at MinFirm we screen out and reject about 100 cases for each one we take. Each case is screened by a lawyer, a nurse and a doctor before it ever gets to court.

Like MinFirm, most malpractice attorneys are very selective in the cases that they take. Lawyers may have a reputation for a lot of things, but they are definitely not stupid. And in my opinion, putting out thousands of dollars to bring a frivolous lawsuit is stupid.

It”s even more stupid to suggest that victims of malpractice bring suits for “time and attention” from their doctor. I”m pretty confident that people can find a more constructive way to make friends and get attention than submitting themselves to scrutiny by defense lawyers hired by billion dollar insurance companies.

Sounds to me like these “doctors” are really just the mouth pieces for the insurance industry lobbyist. The majority of good caring doctors believe that patients are entitled to be fairly compensated for injuries by bad doctors. The insurance industry efforts would be better spent “banding together” measures to implement safety procedures and standards to stop incidents of medical malpractice and weeding out doctors that carelessly hurt people.

For further information on medical malpractice lawsuits in New Jersey or Pennsylvania, click on the following link:
Medical Malpractice Lawyer In NJ