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November 2014 Archives

How to travel safely during the Thanksgiving holiday

Last week's lake effect snowstorm in the Buffalo area was an epic weather event. Also, as temperatures were forecasted to warm up, fears arose that flooding would grip the area as well. As of today, it is predicted that flooding will largely be avoided, which is good news for people who had to dig out from the previous storm.

Why melting snow may lead to black ice

The recent snow storms in Buffalo and greater Eerie County have been historic in the amounts that have fallen. Residents and businesses alike have been digging out for days on end. Now it appears that an equally historic warm up is imminent, which raises the possibility of flooding.

How patients can avoid complications with hospital discharges

Some hospital error cases are based on patient readmissions that occur because of mistakes on diagnosing patients for discharge, and the lack of education that patients receive. Indeed, there are a number of things that hospitals can do in these areas to increase patient safety.  This post will highlight some important considerations that patients should be aware of. 

When can airbags be a threat to passengers?

When you think about how airbags in vehicles are supposed to work, the overriding notion is that they are supposed to save lives. They are supposed to cushion the impact between a driver (primarily their head) and the steering column and the dashboard. The same could be said about airbags that protect passengers as well.

Could non-economic damages caps be discriminatory?

In our prior post, we talked about how caps on non-economic damages could be harmful to medical malpractice plaintiffs, in that they may not compensate injuries that involve a great deal of pain and suffering or long-term emotional injuries. With these scenarios possible when medical negligence mars procedures involving reproductive organs or victims of sexual assault, could it be that some malpractice victims are treated differently than others?

Three things you can do to avoid medical malpractice

In a prior post, we highlighted the breaches in procedure and improper actions taken by physicians that led to Joan Rivers’ death. Essentially, there were critical errors that if they were abated, could have saved Rivers’ life.

Why professional certifications may be important

As a patient, you may not be as concerned with certifications as a physician might be; but perhaps you should. Indeed, doctors may believe that certifications are an important measure for keeping abreast of the latest recommendations and best practices for a particular field. When doctors are into continuing education, the patient stands to benefit as well.

Can doctors acting as Good Samaritans be held liable?

Indeed, physicians have difficult jobs where there may be times where they must make split second decisions that can have critical implications on patients’ lives. This is why they go through extensive training in order to properly diagnose illnesses and injuries and to make care recommendations accordingly. Despite the difficult nature of their profession, doctors must use reasonable care when performing their duties.

Should pregnant women be excluded from medical research?

With all the research conducted on chronic health conditions such as depression, diabetes and hypertension, it is interesting how little, if any, research is done to see how treatments or drugs that abate these conditions would affect pregnant women.

Culture of intolerance among doctors coud drive medical excess

There is a notion in the medical community that over-testing and over-treatment of patients (i.e. defensive medicine) is practiced in order to limit the risk of future medical malpractice cases. While there may be some truth to this notion, a recent publication in The BMJ suggests that the overall culture in the medical community, as well as the attitudes among physicians may be more of a reason for defensive medicine than the specter of a medical malpractice claim.

Kimberly-Clark sued over Ebola risk to health care workers

With all the questions that have arisen about how several health care workers contracted Ebola in the past month, it was only a matter of time before lawsuits would be filed claiming fault. According to a recent report, Kimberly-Clark is being sued for fraud in the marketing and sale of some of its surgical gowns.

Cancer treatment risks for men with prior cardiac histories

A number of our posts focus on the legal duty that physicians, nurses and hospital staff in using reasonable care in treating patients. A large part of that duty involves properly assessing patients for treatments; which may include asking questions about what drugs a patient may be allergic to and what their prior medical history involves.

Stryker to settle hip implant lawsuit for $1 billion

Nearly a year after DePuy Orthopaedics settled what was one of the largest hip replacement recall lawsuits, it appears that another similar settlement is in the works. According to a recent New York Times report, Stryker, a Michigan based artificial hip implant provider, will settle the lawsuit against it brought by thousands of hip replacement patients that have experienced complications after using Stryker products.

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