Amputee Faces Hospital Legal Fees After Seeking Losses

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The following from the Texas Tribune, reports that a San Antonio woman is caught between the errors of medical staff and Texas legislation referred to as "tort reform" resulting in a punitive back-fire for seeking compensation for her losses. Read the following article by the Texas Tribune's Becca Aaronson, dated January 25, 2013. Despite Counsel, Amputee Hindered by Tort Laws When Connie Spears arrived at a Christus Santa Rosa hospital emergency room in 2010 with severe leg pain, she told medical staff about her history of blood clots. Doctors sent her home with a far less serious … [Read more...]

Research Worldwide Shows Tanning Beds Present Risk of Cancer

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The following report from Bloomberg Businessweek informs us how study after study, all over the world, demonstrates health hazard caused by exposure to ultra violet rays produced by tanning booths, beds, etc. Any exposure to UV rays causes a weakening of the immune system spurring susceptibility to all types of cancer, especially to the three main forms of skin cancer including the number one danger, melanoma. Read the entire report below posted by  Jason Gale on December 03, 2012. Teenage girls trading the risk of deadly melanoma for a year-round tan have helped spur a global backlash … [Read more...]

Tools and Supplies Left Behind After Surgery

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The New York Times' writer Anahad O'Connor tells the story of complications due to oversights of surgical teams when all surgical objects aren't accounted for after their job is done. Read these stories of foreign objects sent home with recovering patients and the troubles that follow... On an overnight shift in 2005, Sophia Savage, a nurse in Kentucky, felt a crushing pain in her abdomen and started vomiting. The next day she underwent a CT scan, which led to a startling diagnosis: A surgical sponge was lodged in her abdomen, left behind, it turned out, by a surgeon who had performed … [Read more...]

Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court

Fox 4 in Dallas did a great story on the Texas Medical Board and their contribution to physician discipline since tort reform in 2003.  According to the report serious disciplinary actions are down and the time taken to conduct investigations has risen.  Further, Doctor confidentiality and secrecy is maintained until a final disciplinary action is completed, leaving patients unaware of allegations of malpractice by doctors. Check the Fox 4 page for a video.  Some of the images are graphic and the stories are truly tragic.  Its a shame our state has fallen so far in protecting patient … [Read more...]

Tort Reform has not Increased the Number of Doctors in Texas

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A new study by  David A. Hyman, Charles Silver, and Bernard Black shows that Texas Tort Reform measures have not increased the number of doctors in Texas since 2003. "Does state tort reform affect physician supply? Tort reformers certainly believe so. Before Texas adopted tort reform in 2003, proponents claimed that physicians were deserting Texas in droves. After tort reform was enacted, proponents claimed there had been a dramatic increase in physicians moving to Texas due to the improved liability climate. We find no evidence to support either claim. Physician supply was not … [Read more...]

All-Metal Hip Implants Prone to Early Failure, Need to be Removed

Great story by NPR on the continuing problems faced by patients who have recieved All-Metal Hip Implants. Implants Need To Be Removed Early by Richard Knox EnlargeRichard Knox/NPRYoung-min Kwon of Massachusetts General Hospital holds the metal-alloy ball of Susy Mansfield's faulty artificial hip joint. The yellowish tissue on top is dead muscle caused by a reaction to the metal debris produced by the defective hip implant. When Susy Mansfield needed a hip replacement in 2009, her orthopedic surgeon chose a relatively new and untested kind of artificial hip made … [Read more...]

Federal Judge in Texas Upholds Med Mal Damages Cap

Originally posted at the Dallas Morning News: http://www.dallasnews.com/business/health-care/20120327-u.s.-judge-upholds-texas-cap-on-medical-malpractice-awards.ece By MARK CURRIDEN The Texas Lawbook mark.curriden@texaslawbook.net Published: 27 March 2012 08:55 PM A federal judge ruled Tuesday that a Texas law limiting noneconomic damages in medical malpractice cases to $250,000 is constitutional. The decision, applauded by tort reform advocates and denounced by trial lawyers and victims of medical malpractice, ends a four-year legal battle over … [Read more...]

The Risks of Using Generic Drugs

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by Sarah Hoffman, SpringerLyle ••• In June of 2011, the United States Supreme Court decided an important issue regarding the warning labels on prescription drugs in Pliva, Inc. et al v. Mensing.  Mensing was a prescription drug failure-to-warn-case.  It dealt with prescription drug companies’ failure to put accurate warnings on their drug labels, leading to patients taking dangerous drugs that they otherwise would not have taken. In Mensing, the Court held that name-brand manufacturers of prescription drugs have an obligation, both under the federal regulations and under state … [Read more...]

Cancer Risk linked to Diabetes Treatment

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By Frank Lyle “Actos” is the brand name for a drug (pioglitazone) used to treat adult onset, Type-II diabetes. In June of 2011, The Food and Drug Administration (FDA) informed the public that this drug may increase the risk of bladder cancer. The FDA required new warnings to be placed on the medication’s label sold under the names Actos, Actoplus Met and Duetact. The drug has already been pulled off the market in France and Germany. It has been estimated that more than 2 million patients filled prescriptions for the drug between January 2010 and October 2010. Our attorneys at … [Read more...]

No Better Care, Thanks to Tort Reform

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Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came to Texas in droves, instead of leaving the state as they had before. He was doubly wrong. Texas neither lost doctors before 2003 nor gained them especially quickly in subsequent years. In fact, according to statistics published by the Texas Department of State Health Services (TDSHS), the supply of active, direct patient care (DPC) doctors per capita grew faster from 1996 to 2002 than at … [Read more...]