Cigarette Companies and Their Red Handed Researchers

In 2006, a study by Dr. Claudia I. Henshke of the Weill Medical College at Cornell University shocked the medical professional world by reporting that the widespread use of CT scans could help prevent 80% of lung cancer deaths. The study was published in the renowned New England Journal of Medicine, and sent shock waves of hope through the medical profession. Unfortunately, the good news would be tainted by the discovery of a crippling conflict of interest: The study was funded almost entirely by the cigarette industry.

After Ms. Henshke reported her study to the Accreditation Council for Continuing Medical Education, an investigation revealed a long string of deceivingly named non-profit funding, leading all the way back to big tobacco. After its startling discovery, the council wrote to the Journal, explaining its concern over the validity of Ms. Henshke’s findings.

The study failed to disclose that Dr. Henshke’s work had been underwritten in part by a $3.6 million grant from the parent company of the Liggett Group, a cigarette maker, something the journal editors said they had been unaware of.

The council’s criticism was received quickly by the Journal, who quickly moved into damage control mode. A letter in response from the Journal stated, “When we published Dr. Henschke’s article in 2006 it was not routine NEJM editorial policy to publish details about… funding. Since that time our thinking on this issue has evolved.” The journal now asks authors to disclose all royalties related to their research, and it publishes the information with the studies. The letter was signed by Dr. Jeffrey M. Drazen, the journal’s editor in chief, as well as Corinne Broderick, executive vice president of the medical society.

The New England Journal of Medicine has taken the proper steps to remedy this immoral conflict of interest. Unfortunately, not every journal has taken the hint. When reading a medical study that might effect your decision making process, remember to read the fine print. Don’t let your well being be effected by corporate influence on greedy doctors.

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A Quarter of Nursing Homes Flunk the Test

In mid December, the federal government unveiled its new rating system, which it uses to help advise the public on the quality of care they are receiving from their local area nursing homes. This system will help individuals make informed decisions about the institution they trust with the care of their loved ones.

Under the new system, five stars means a nursing home ranks “much above average,” four stars indicates “above average,” three means “about average,” two is “below average” with a one indicating “much below average.” The rankings will be updated quarterly. Senator Herb Kohl of Wisconsin stated that the new ranking system would help bolster transparency, which is, “…the key when it comes to nursing home quality.”

Unfortunately, along with the progress of informed decision making came the shocking realization that almost a quarter of all nursing homes in the country have been given the federal government’s lowest possible rating: one out of five stars. Receiving such a low rank in particular had to do with the high percentage of patients with bedsores after their first 90 days in the nursing home and the number of residents whose mobility worsened after admission.

When nursing homes are understaffed, over worked, and improperly trained, the results can be catastrophic. Where there is lack of individual patient attention, pressure sores and decreased mobility are sure to follow. When it comes to protecting your loved ones, please pay strict attention to the federal rating system. Alice Hedt of the Insititute for Nursing Home Reform states that, “Our initial reaction is that consumers should probably avoid any facility with a one- or two-star rating and even a three-star rating unless people they trust convince them that the rating is inaccurate or unfair.” However, the rating system alone is not enough to properly judge. Ms. Hedt advises that, “…Nothing should substitute visiting a nursing home when making a decision.”

If you are in the process of finding a nursing home for your loved one, please pay strict attention to the federal ranking system. If you have a family member already in a nursing home, please remember to check on them regularly. Bedsores are a life threatening injury, and should be checked for regularly. If your family member has been subject to bedsores due to a lack of proper care, please contact an attorney to help remedy the situation as fast as possible.

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Sleepy Doctors Increase Harm to Patient by 700%, and Death Up by 300%

It doesn’t take a genius to know that without the proper amount of sleep, job performance drastically decreases. Sleep deprived workers in any profession increases the risk of error, and injury. When sleep deprivation occurs in the practice of medicine however, lives can be lost. So why is it that in a majority of hospitals around the country, studies have found that resident doctors are simply not getting enough sleep to provide proper care to their patients?

According to recent study by the Institute of Medicine, doctors in training should work no longer than 16 hours in a row without a five-hour nap to reduce risk to patients. The study was performed after increasing alarm amongst researchers who observed a majority of hospitals allowing 30-hour shifts without a required amount of sleep. To make things worse, Resident doctors, who are under paid and overburdened with student loans, usually end up having to supplement their income by moonlighting at other hospitals.

When the individual in charge of your well-being has not slept for 30 hours, they become a danger to themselves, and that danger passes on to you. According to a study by the Public Library of Public Medicine, it has been found that, “…sleep-deprived doctors are at high risk of making mistakes that injure or kill patients. When residents reported working five marathon shifts in a single month [30 straight hours or more], their risk of making a fatigue-related mistake that harmed a patient increased by 700%, and the risk of an error that resulted in a patient’s death shot up 300%.”

Figures of this size are unacceptable. The recent study demanding 5 hours of sleep per 16 hours of work is indeed a step in the right direction, however it is not enough to solve an epidemic problem in our health care system. Simply put, at current rates, residents are not getting enough sleep to properly care for patients. Although all residents have only the highest of intentions, they can easily make mistakes when hospitals force them into these marathon shifts.

If you or a loved one is currently in the care of a hospital, and you suspect they have been have not received proper care due to a sleep-deprived staff, please inform the hospital immediately. Hopefully mistakes and accidents can be avoided by bringing it to the hospital’s attention. If you suspect wrongful death or injury due to a sleep deprived hospital staff however, please do not hesitate to contact an attorney. You may be entitled to compensation.

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Medical Research Continues to Lose Integrity

Senator Charles E. Grassley has raised some serious concern over a recent article published in the Elsevier Medical Journal. The Senator has asked the publisher to investigate an article written on hormone replacement therapy, believing that it was improperly “ghostwritten” by a drug company promoting their products. The article was part of an editor’s choice section in Elsevier’s Journal of Obstetrics and Gynecology.

In an article signed by Dr. John Eden of Australia, Senator Grassley has found unethical promotions lacking scientific evidence. At the heart of the controversy is the drug company Wyeth. Mr. Grassley, a member of the Senate Finance Committee who is investigating drug company influence on doctors, contends that Wyeth commissioned the articles and had them ghostwritten by a medical writing firm. Only after the articles were conceived and under way did the firm line up doctors to put their names on them, Mr. Grassley contends.

Unfortunately, this is not an isolated incident. Drug companies have been forcing their will on medical research results for decades now, and the influence of corporate profit is on the rise. By 2006, Drug companies were spending nearly twice as much on advertising and marketing as they were on the research and testing needed to ensure the safety of a new product.

Mr. Grassley’s investigation shows how results of this corporate policy can be catastrophic. A landmark federal study has linked Wyeth’s Prempro hormone product to breast cancer in women. What does the expert testimony sponsored by Wyeth say about that taxpayer funded study? Dr. Eden’s controversial article states that, “there was no definitive evidence that the [Wyeth] hormones caused breast cancer.”

It seems the Wyeth Corporation and Dr. Eden have forgotten the meaning of the Hippocratic oath.

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Medical Malpractice Caps Favor Insurance Companies Instead Of Protecting Injury Victims

BusinessReport.com ran a story this morning about two medical malpractice lawyers in Louisiana. The lawyers are trying to fight the medical malpractice cap adopted by the State of Louisiana, one of twenty-five states to adopt such legislation. At simplest, these caps put a roof on the possible rewards for victims of medical malpractice. In Louisiana, and some other states, the cap is $500,000. In the case in which these two Louisiana lawyers are fighting the cap, a thirteen year-old girl, who had to have her leg amputated because of malpractice, was awarded by a jury of her peers around $3.5 million dollars. She cannot and will not receive this award, because of the cap.

It reminds me of the way in which politicians have tied the hands of judges in mandatory minimum sentencing legislation. Just as a judge, whose been appointed or voted to the bench by us, cannot use his or her expertise to sentence and rule on criminal trials, so too are juries of our peers prevented from making determinations based on their own humanity and understanding of medical malpractice cases, such as this one. So, inevitably, we ask why?

This article from BusinessReport explains quite accurately that the caps exist to prevent medical malpractice insurance providers from raising insurance premiums to the extent that doctors will avoid practicing medicine in states with high premiums. This would lower the quality of health care in certain states. This logic is upsetting in two ways. First, the discussion of whether or not the health care quality has increased in those states seems a bit undercut by way of its context: a thirteen year old girl who’s missing a leg, because of malpractice in a state with a cap. Second, its an example of politicians trying to legislatively control our legal system (to the detriment of the average American) by tying the hands of juries, rather than trying to legislatively control the big-business insurance companies, who are hiking up doctors’ medical malpractice insurance rates. To this day, the purchase and regulation of car insurance has been legislatively mandated by our federal government. Why not control the medical insurance companies rather than risk a fall-out of quality health care and the deprivation of reasonable rewards to children who have suffered from medical malpractice? They have shown no reason why they cannot regulate the insurance premiums, rather than the victim’s rewards.

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to the New Jersey Medical Malpractice Attorney page.

John R. Mininno, Esq. is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.

N.C Medical Board Seeks to Publish Medical Malpractice Info Online

The North Carolina medical board is seeking to post medical malpractice information online as a way to “protect people from troubled doctors.” This proposal stems from a new state law, which requires disclosure of medical malpractice information at the board’s discretion. If the board approves this plan on June 30th, North Carolina will be come the 23rd state to offer medical malpractice information to the public.

Obviously, North Carolina doctors are fighting this proposal. The N.C medical society states that the proposal is “unfair” and should not include medical malpractice settlement information prior to June 30th. They argue that some doctors only settle for “business reasons”, and may not have done this if they knew the information would be made public and held against them.

The board, however, has proposed measures to keep the disclosure of information fair to doctors and the public alike. The board would keep private the actual settlement amounts, as well as the identity of the patient that filed the suit. Doctors will also have the opportunity to leave a comment beneath the post to explain the reason for the lawsuit and settlement in their own words.

Click here to read the full story.

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Gender-bias doctors commonly misdiagnose ‘emotional’ women

“Its all in your head”

How many women have ever been told by a doctor “the pain is in your head,” or “you’re just over-reacting” in response to their medical complaints? What about the thousands of women who are on anti-depressants for a problem unrelated to their current visit, yet the doctor permanently writes them off as “hysterical” or “emotional,” and links every health problem to mental illness? 

Apparently, gender inequalities in medicine are extremely common. Millions of women have been denied proper medical care because their doctor will not take them seriously.  They erroneously conclude that weird symptoms or pain are simply the result depression, hormones, stress or a way to get attention without running additional tests to confirm their diagnosis.  Its no wonder that medical malpractice suits are on the rise.

My personal experience as a “hysterical woman”

I have dealt with panic disorder for most of my life.  For years, I suffered silently because I did not want to be labeled a hypochondriac by my doctors.  However, my OB/GYN suggested that I take anti-anxiety medicine for the first time in my life after the birth of my son in December.  They explained that my hormones would be a little whacko for a while and it would help me deal with the anxiety and stress that naturally comes with motherhood.

During labor, I was torn by the baby and suffered a painful, 4th degree tear.  As my epidural wore off, I was in excruciating pain—to the point I couldn’t even stand to lie in the bed.  It got so bad that I began to cry and paged the nurse for help.

To my surprise, the nurse walked in the room, gave me a condescending look and told me that I was over-reacting and having a panic attack.  She suggested that I get over it or she would red flag me for post-partum depression, and further implied that I would be labeled unfit to take the baby home.   Any mother knows what a big mistake that was.  My post-partum daggers came out and I had to put her in her place. I finally got a new nurse that took me seriously and saw that I was swelling very badly and needed immediate care.

The consequences of gender-bias

My experience as a paralegal at a medical malpractice firm has further exposed me to the blatant disregard that doctors show “emotional” women.  Unfortunately, these women blindly accept any diagnosis that the doctor shoots off, because after all, they aren’t the one with the “M.D.” after their name.  CNN recently featured a story on the “5 Mistakes Women Make At The Doctors Office.”  One of these mistakes was the fact that women do not recognize gender bias and allow doctors to brush off their complaints at the expense of their health.  As a result, they surpress that inner voice telling them that something is not right and they need to get help.

Sadly, by the time these women convince their doctor to refer them to a specialist or get a second opinion, a good majority have found out they were in the last stages of cancer or have experienced permanent injuries that may could have been avoided if treated at an earlier stage.  Now sick, unemployed and nowhere to turn, these women have no choice but to file a malpractice suit and pray that a jury will award them enough money to make ends meat.

So what are we doing wrong ladies?  What are we doing to loose the respect and compassion that we deserve from our doctors?  Do we bother them when we come in with our WebMD print outs on the various diseases that match the symptoms that we see in our children or that we are experiencing ourselves?  Does that fact that we tend to cry when describing our pain cause the doctor to assume we’re just depressed?  Does a chart that shows that we have taken anti-depressants or pain medication for the past few months indicate that our problems must be psychosomatic and we are wasting our doctors time?

Sarcasm aside, gender bias in medicine is a real threat to women everywhere.  I can only suggest that any woman who is currently using a doctor that cuts them off, underestimates their complaints or flat out denies further treatment when you are clearly in pain needs to switch providers immediately.

How to find a doctor that respects you and your body

In choosing a new provider, pay attention to how seriously your complaints are taken by the receptionist and the medical staff that works in the office.  When choosing a doctor, you should review their medical credentials, but also take note of their bedside manner.  If you do not feel comfortable talking to the doctor openly, you are in the wrong place.  Good qualities to look for in a doctor is whether he/she explains to you what they are doing during an exam, whether they encourage questions and dialogue about your symptoms or diagnosis, and whether or not they get angry or offended if you ask to be seen by a specialist.

Bottom line, a women’s instinct does not lie.  You know your child or your body better than anyone else.  If something just doesn’t seem right, chance are its not and you should get a second opinion.  A wasted trip to the doctor is better than a delayed cancer diagnosis or even death.  Remember you are one of hundreds of patients at the doctor’s office.  It’s up to you to be your own “patient advocate” and ensure you are given the respect and care that you deserve.

Free Legal Advice: Mininno Law Office

Do I need a lawyer to file a medical malpractice lawsuit in NJ or PA?

First of all, why would you want to file a medical malpractice lawsuit on your own?!

Do I believe that an average, intelligent person can handle their own divorce or file suit in small claims court?  Absolutely.  However, when it comes to medical malpractice lawsuits, I firmly believe that a person must be represented by an experienced trial attorney.

Most licensed attorneys won’t even take a medical malpractice case because they are so complicated and risky.  Hospitals have deep pockets and hire only the best lawyers to handle their medical malpractice suits.  These attorneys have exceptional trial skills and comprehensive medical knowledge.  If the majority of practicing attorneys refuse to go up against these guys, why would an average, intelligent person want to do the same?

Furthermore, consider the expenses that go into a medical malpractice lawsuit.  Experts cost thousands of dollars.  Doctors charge thousands of dollars just to show up in court.  Medical records cost money.  Independent medical examinations cost money.  A lawyer may literally spend $100,000 before he/she even steps foot in a courtroom!  That’s a heavy burden for a small law firm, let alone an injured person living off of a disability check or SSI because of their injuries.

I’m sure the number one reason that someone would want to file their own medical malpractice lawsuit is because they do not have money to hire an attorney.  While that may be a legitimate concern in other areas of the law, medical malpractice lawyers work on a contingency basis.  This means that we do not get paid unless the client wins.  If god forbid we loose, all of the expenses listed above come out of the attorney’s pocket– not the client’s.

So if you are truly hurt and are counting on a settlement just to get by for the next few years, why would you risk that chance by trying to handle things on your own?  I may have drills in my toolbox, but if I need a root canal, I’m going to the dentist!  I don’t have the skills or know-how to perform my own dental work.  The same holds true with medical malpractice lawsuits.  If you are hurt, don’t jeopardize your chances of winning your lawsuit and being able to put money aside to take care of yourself in the future.  The hospital or doctor you’re suing WILL hire a professional, and I suggest you do the same!

Hopefully now you’ve changed your mind about going at it alone!  If you are ready to contact an experienced medical malpractice law firm, we would be more than happy to help you with your case.  Either fill out the case evaluation form on the left side of the page, or call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.  A medical malpractice attorney and licensed nurse will contact you within 12 hours.

For further information on medical malpractice lawsuits in New Jersey and Pennsylvania, click on the following links:
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John Mininno Featured in South Jersey Magazine’s 2008 Awesome Attorneys

On behalf of the legal staff at Mininno Law Office, we are excited to report that John Mininno, Esq. will be featured in the 2008 edition of South Jersey Magazine’s Awesome Attorneys!

To all of our friends and family, please show your appreciation for all of John’s hard work and dedicated service by voting for him in the areas of medical malpractice, personal injury and products liablity.

Click here to vote for John Mininno as South Jersey’s 2008 Awesome Attorney!

US Servicemen Still Denied Right To File Suit For Medical Malpractice Against Military Hospitals & Doctors

Members of the US Military are once again seeking to overturn a 1950 Supreme Court decision which denies active duty service members the right to file medical malpractice lawsuits. This effort comes after a string of careless and deadly medical errors occurring at military hospitals across the country. Case in point (reported in the LA Times):

Minutes after routine surgery for acute appendicitis in October 2003, Staff Sgt. Dean Witt, 25, was being moved to a recovery room at a Northern California military hospital when he gasped and stopped breathing. A student nurse assisting an understaffed anesthesia team tried to resuscitate Witt and failed. Inexplicably, Witt”s gurney was wheeled into a pediatric area. Lifesaving devices sized for children, not a 175-pound adult, proved useless, according to an internal report on the incident.

Medical personnel at David Grant Medical Center at Travis Air Force Base screamed at each other. A double dose of a powerful stimulant was mistakenly administered. When a breathing tube was finally inserted, it was misdirected, uselessly pumping air into the patient”s stomach. Errors compounded errors and delays multiplied.

By the time a breathing tube finally was inserted correctly, Witt had devastating brain damage. Three months later, he was removed from life support and died. Witt, who grew up in Oroville, Calif., left behind a wife and two children, including a 4-month-old son.

Apparently, medical errors such as this happen often at miltary hosptials. This isn”t surprising considering the fact that miltary hosptials are typically understaffed and poorly funded. Consequently, the miltary has taken steps to ensure that these hosptials are immune from medical malpractice lawsuits because medical mistakes are bound to happen and they can”t afford to pay. I understand the logic, but the real question is whether this is fair to the servicemen and women who risk their lives defending this country only to loose them at the hands of poorly trained medical staff in a miltary hospital?

Clearly, the Supreme Court seems to think so. They have consistenly upheld the 1950 ruling of Feres v. United States, which denies the right of active-duty servicemen and women to file medical malpractice lawsuits–even when it is clear that a deliberate medical error has occurred. The Court has bought into the government”s argument that the dicipline of the military will be compromised if it is forced to deal with costly and time consuming litigation for medical malpractice. Rep. Duncan Hunter (R-Alpine), a member of the House Armed Services Committee and a former fighter pilot, has even gone as far as calling Feres “a reasonable approach to ensuring that litigation does not interfere with the objectives and readiness of our nation”s military.”

In my opinion, Hunter”s statement and the Court”s reasoning makes very little sense. Basically, the military assumes that medical malpractice lawsuits willl compromise the quality of the nation”s military by paying out money that is better spent on equipment, personnel, etc.. However, what they fail to realize is that this policy will have the exact opposite effect in the long run. If men and women can not count on the miltary to provide quality care for them or their families should they get hurt or sick while on duty, they will not join and enlistment will plummet. Its just that simple.

Furthermore, if the Supreme Court and Congress can not justify allowing servicemen and women to file a lawsuit after they have been permanently injured as a result of medical malpractice, then at the very least they should force the military to hire better doctors and medical staff to cut down on some of these careless mistakes. Our men and women expect to risk their lives on the battlefiled– not at miltary hosptials that they count on to help them get well. It”s just not right, and the miltiary will eventually pay for this choice if they do not actively change their ways.

For further information on medical malpractice lawsuits, click on the links below:

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