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Medical Malpractice Archives

Physicians Mindful of the "Power of the Apology"

In the wake of the Ohio Supreme Court's decision in Stewart v. Vivian, physicians around the country are paying more attention to the "apology laws" in their state. In a recent article written by a physician for the Huffington Post, he advises that "it would be prudent for a physician expressing sympathy, condolence, or an apology, to pick his words carefully." This is because there are 30 states that partially protect apologies from being admitted as evidence, but there are now 8 states, including Ohio, that offer full protection to apologies.

Johnson & Johnson Reverses $72 Million Talcum Powder Verdict

Earlier this month, pharmaceutical giant Johnson & Johnson celebrated after obtaining a Missouri Court of Appeals reversed a $72 million verdict against the company. This is a huge win for a company that currently has thousands of lawsuits pending throughout the country over its talc-based products. The women and families of deceased women bringing these lawsuits allege Johnson & Johnson knew its talcum powder had a risk of causing ovarian cancer and, despite that knowledge, failed to warn its consumers of that risk. In the St. Louis area alone, there have been four jury verdicts totaling $307 million. Johnson & Johnson is in the process of appealing the other three as well.

Ohio Supreme Court Gives Doctors Free Pass - Even When They Admit Wrongdoing

Earlier this week, the Ohio Supreme Court continued its decade-long campaign to protect doctors at the expense of injured patients. First it was the arbitrary "caps" on damages, heightened pleading standards, and shortened statute of limitations. Now, doctors can even admit they were negligent, tell you exactly how they were negligent, and explain why it should not have happened, yet simply couple all those statements with an apology for the court to deem those statements inadmissible.

A New Approach to Medical Malpractice

When someone is severely or fatally harmed due to medical errors the first concern should always be about the patient and their families. Unfortunately, that is rarely the case as many hospitals immediately engage in the "deny and defend" model. This approach just makes the experience that much more difficult for the victims of medical errors to find out what happened. In fact, most patients never learn that they have been injured due to a medical error. This is corroborated by a recent study that found that 77 percent of 300 primary-care doctors admitted they would not fully disclose to a patient when there had been a delayed breast cancer diagnosis.

The importance of warning labels on prescription medications

Invokana belongs to a relatively new class of type 2 diabetes drugs called SGLT-2 inhibitors, which helps remove excess blood sugar through urine. The FDA just recently required Invokana to include a warning about a high risk of foot and leg amputations in diabetic patients. This change in the required warning is the result of two clinical trials that concluded that leg and foot amputations occurred about twice as often in patients with type 2 diabetes treated with Invokana, which puts a great many diabetic patients using Invokana at risk.

Don't Believe the Myth: Malpractice Rates Are Not Going Up

"The high costs of healthcare and malpractice premiums are a result of frivolous lawsuits filed against us." This is a common refrain from the Ohio State Medical Association and Ohio Hospital Association, but this notion is essentially nonsense. Over the last 25 years, claims paid out from medical malpractice lawsuits have declined by over half. This is a direct result of the "tort reform" effort that has rendered it extremely difficult to justify bringing a medical claim against a doctor, especially if the injured patient has not suffered a permanent, disabling, and/or catastrophic injury. Despite consistently limiting a patient's access to justice in the courts his or her injuries, the health insurance industry continues to point the finger at lawsuits as being the problem.

Preventable hospital errors occur all too frequently

Everyone gets sick. Unfortunately, illness is an unavoidable fact of life. That's what doctors are for. When sickness or injury occurs, you have no choice but to trust in the education, experience and expertise of medical professionals, no matter the expense.

Medical device recalls: are you at risk?

Undergoing surgery for the implantation of a medical device is frightening, no matter how much the doctors and surgeons have assured that you will be safe. Coming through surgery with no harmful side effects or additional damage is a relief, but those feelings of worry and concern can come back if you learn that the device implanted in your body is under recall.

Problems with Pap Smears are Leading to Missed Cervical Cancer Diagnoses

There has been a significant amount of progress made in the area of cervical cancer. Screening processes such as pap smears along with the HPV vaccine have contributed to a sharp decline in the morbidity and mortality of a disease that used to cause major problems for women everywhere. Unfortunately, the screening process related to cervical cancer may not be as effective as people once thought.

Bad medicine: who is responsible for medical mistakes?

Most individuals may lack any significant medical knowledge outside of information learned from watching television or searching the internet. For that reason, you may have 100 percent trust in the many medical professionals in your lives, and count on them to take care of your health issues to the best of their abilities.

Our Recent Blog Posts

  • Dec 11 : Anne Valentine Takes Part in "The Concert for US"
    Partner Anne Valentine and the rest of the Harmony Project took part in their annual winter concert last Thursday at Nationwide Arena. The Harmony Project, a community service organization working to unite our neighbors and neighborhoods to tear down the social,...
  • Dec 08 : Physicians Mindful of the "Power of the Apology"
    In the wake of the Ohio Supreme Court's decision in Stewart v. Vivian, physicians around the country are paying more attention to the "apology laws" in their state. In a recent article written by a physician for the Huffington Post, he...
Read More Blog Posts

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