Medical Malpractice

PA Health Department Says Inspection Reports Not For Court, Lobbyist Behind the Change

Robert Sachs, Esq. http://www.shragerlaw.com There is no question that very serious problems of neglect, abuse, and inside politics currently wrack the nursing home industry. Here in Pennsylvania, the fight to protect our elderly loved ones against such negligence and corruption is very real. Last year, the state health department posted a disclaimer that their “surveys” of nursing home compliance with safety regulations were not intended “to be evidence of compliance with any legal standard of care in third-party litigation.” In other words, inspection records were not to be used against nursing homes in court. This type of language clearly tries …

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Florida Appeals Court Says Pharmacy Could Be Negligent in Patient’s Death

Chris Welsh, Esq. www.welsh-law.com The Florida Court of Appeal, 5th District,  has reinstated negligence claims against a pharmacy in the death of patient Steven Porter, who was being treated for a stress syndrome (harrismartin.com). Allegedly, the pharmacy filled prescriptions that were lawfully written by a physician but unreasonable, thus breaching its duty of care to the patient. The appeals court concluded that the pharmacy could be held liable for failing to inquire why the patient’s doctor repeatedly prescribed drugs before previous prescription for that drug had been finished. It is alleged that the pharmacy filled up to 30 prescriptions for …

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South Dakota Tort Reform Leaves Malpractice Victims Without Just Recovery

Chris Welsh, Esq. Lawyers in South Dakota are having to turn away serious medical malpractice cases–but why? A perfect storm of tort reform. Tort reform advocates have their theories, the most dedicated being that frivolous lawsuits are unpredictably costly and that they deter medical providers from doing their job. Lawsuits, they claim, can be especially damaging to health care systems in rural areas, where doctors may not be able to afford jury verdicts or malpractice insurance. Their hypothesis? Doctors will abandon rural towns. This is the hypothetical fear in South Dakota that was cemented into legislation from the 1970’s. Ironically, …

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Has Your Family Experienced Medical Error? Share Your Story

Chris Welsh, Esq. www.welsh-law.com Investigative blog platform, Vox, and public interest journalism site, ProPublica, are joining together to share stories of real-life medical error. Too often, stories of medical error are summarized in a statistic. Ironically, this makes them easier to swallow–and forget–no matter how incredible the number. The most up to date statistic is that between 44,000 and 98,000 Americans die each year from preventable medical error, but many experts believe the number to be exponentially greater (Vox). Due to a wide variety of problems, medical error is widely underreported. According to another report by Vox, reasons for underreporting …

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New Studies Show that Damage “Caps” in Health Care are Harmful

Chris Welsh, Esq. Advocates of tort reform like to celebrate caps on damages. They claim it protects access to health care by increasing physician numbers and keeping costs down. Three new studies show that that is not the case. First, a study examined five states with “caps” and compared to control states. It found that caps actually lead to an increase in preventable events of patient injury and that the decline in quality care applied to both events that would lead to malpractice suits (a foreign object left in the body) and those that would not (bacterial infection). Another study, …

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