Medical Malpractice

New Study Shows Tort Reform Isn’t Helping

Fred Schultz, Esq. Medical costs are high–everyone knows that. Why treatment costs so much is one of the greatest and most contentious debates of the hour. Why does the American family carry such a burden for health care? More than a decade ago, certain groups tried to pin the blame on lawyers and mythical sue-happy patients. Their belief was that doctors were so fearful of malpractice lawsuits that they ordered extra tests, often expensive and unnecessary, to shield themselves. They called this “defensive medicine” and a few states enacted legislation to curb it. “Tort reform” or medical malpractice reform, was …


Hospital Infection Control A Serious Concern After Ebola Reaches the U.S.

Chris Welsh, Esq. Now that Ebola has arrived in the U.S., the greatest concern is how to contain it–and our Achilles’ heel may be infection control in hospitals. What’s more, most nurses and health care providers have obviously heard of Ebola, but they aren’t necessarily prepared to treat it. A new report by USA Today cites a long history of problems in U.S. hospital infection management. According to the Centers for Disease Control and Prevention, about one in every 25 patients gets an infection while being treated at a U.S. hospital, adding up to 700,000 hospital-associated illnesses each year. In …


Personal Stories Show Tragic Reality of the “Texas Miracle” of Tort Reform

Christoper Nace, Esq. Prop 12, an amendment to the Texas constitution, was passed in 2003. Largely unbeknownst to voters, it was an amendment to the constitution because it set forth an unconstitutional mission: to limit access to a jury and damages for harm. Marketed (yes, marketed) as an amendment to stop “jackpot justice,” rampant frivolous lawsuits, and an imaginary flight of doctors fleeing the sue-happy standards, Texas pundits persuaded voters to pass the legislation. Notably, the amendment was shut down by every metropolitan city. The win was boosted by rural voters made fearful of losing the few doctors they had. …


Talk to Your Doctor About Your Laparoscopic Surgery

Chris Welsh, Esq. Earlier this year, the FDA warned against the use of a morcellation device in laparoscopic procedure for women treated for uterine fibroids (a condition surprisingly condition among women). This week, the FDA remains undecided about whether to ban the devices. Although many doctors have halted use of the device, it is still critically important to talk to your doctor about the details of your surgery. Uterine fibroids are the most common solid pelvic tumor in women, causing symptoms in 25% of women of reproductive age and 1 in 5 visits to the gynecologists. Nearly 100,000 hysterectomies are …


Hidden Camera Leads to Arraignment of 17 Nurse Employees for Neglect & Fraud

Seventeen employees of Kaleida Health at Highpointe Health Care Facility in Michigan have been arraigned in Buffalo City Court, New York, this past Friday. Eight nurses and nine nursing assistants have been fired after a state investigation. All seventeen individuals face various counts of willful violation of health law, including endangering the welfare of an incompetent or physically disabled person, and falsifying business records.  Hidden surveillance (which is likely to have been running during a 24-hour period) reveals that nurses and aides repeatedly neglected to care for a 56-year old patient with Huntington’s chorea, a neurological disease that leaves him …


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