Posts for the 'Medical Malpractice' Category
Manor Care lawsuit as a result of West Virginia nursing home death
A West Virginia nursing home trial began last week as a result of the death of a resident at the Heartland of Charleston, which is owned by Manor Care, one of the largest operators of nursing homes in the United States.
>>INFORMATION: Nursing Home Wrongful Death Lawsuits
Zimmer Durom Cup problems could have been discovered sooner
An article in today’s edition of the New York Times highlights the lack of tracking system in place in the United States, which may have alerted doctors sooner to the Zimmer Durom Cup problems which eventually led the manufacturer to suspend sales last week. The decision to stop selling the product in the U.S. came months after doctors first started complaining that patients were experiencing loosening of their Zimmer Durom Cup artificial hip and required revisions of their hip replacements at an alarming rate.
>>INFORMATION: Zimmer Durom Cup Lawsuits
Nursing home sex offenders are not identified in many states
Last week, the House Small Business Investigations subcommittee in Washington, D.C. held a hearing on nursing home sex offenders and other registered violent criminals living at long-term care facilities. In many states there are no requirements that law enforcement officials notify nursing home residents when convicted sex offenders move into a home and many facilities do not take any steps to warn residents or separate sex offenders from the general population when they are made aware of a resident’s violent criminal past.
>>INFORMATION: Signs of Nursing Home Sexual Assault
Cerebral Palsy Botox Lawsuit filed by Maryland family
A lawsuit has been filed against the manufacturer of Botox by the parents of a four-year-old Maryland boy, whose death in 2007 was attributed to off-label injections of the anti-wrinkle cream which were prescribed to help improve his symptoms of cerebral palsy.
>>PRIOR POST (2/9/2008): Use of Botox to Treat Cerebral Palsy
Linked to Serious Reactions
Congressional subcommittee passes bill that protects right to file nursing home lawsuits
On Tuesday, the U.S. House Subcommittee on Commercial and Administrative Law passed an arbitration reform bill that will protect the ability of nursing home residents to file personal injury cases in court. If the bill becomes law, mandatory arbitration clauses in many admission agreements would be deemed invalid, preserving the rights of individuals injured by abuse or neglect to file a nursing home lawsuit against the facility.
Laser Eye Surgery Lawsuit Results in $2.1M Settlement
According to the New Jersey Star-Ledger, a prominent New Jersey laser eye surgeon has agreed to settle a medical malpractice lawsuit for $2 million after performing a corrective vision procedure on a man who should have been ruled out due to a pre-existing eye condition. Most people do not appreciate the risk of medical error associated with Lasik surgery. However, with over a million of the procedures performed each year, laser eye surgery malpractice does occur, and it can result in devastating vision problems.
Nursing Home Arbitration Clauses may be Invalidated
Legislation has been proposed in Congress to invalidated nursing home arbitration clauses that appear in many admission contracts. The provisions take away the resident’s ability to file a lawsuit in court as a result of nursing home neglect or abuse, removing their access to the courts and often hindering their ability to investigate a case by limiting discovery. In addition, the clauses allow facilities to avoid the public accountability of a nursing home lawsuit, which could increase the growing problem of poor care that is provided at many facilities.
Elder Abuse Awareness Day
The International Network for the Prevention of Elder Abuse (INPEA) sponsored a World Elder Abuse Awareness Day on June 15, 2008 to increase recognition of this global problem and raise awareness of the factors that can lead to or limit abuse of seniors. The rapid aging of the population in the United States raises concerns about the stress which will continue to be placed on nursing homes and elder care systems, which could increase the risk of abuse or negligent care.
>>INFORMATION: Elder Abuse and Neglect Injuries
Los Angeles Malpractice Lawsuit Settles for Hospital Dumping a Patient
A Los Angeles hospital and transportation company have settled a California medical malpractice lawsuit filed by a homeless paraplegic man who was discharged in a helpless condition without his wheelchair. The settlement not only provides an undisclosed amount of compensation, but also requires the hospital to adopt new protocols and improve the training of their staff.
Adult cerebral palsy water exercises designed to increase movement and muscle control
Researchers at UNC Chapel Hill are conducting a groundbreaking study involving adults with cerebral palsy. The use of water exercises which allow intense movements without straining already sore joints, are designed to help maintain and improve strength, mobility and independence as the adults age. Generally, there have been very few studies involving adults with cerebral palsy, who often regress after they turn 21 and no longer qualify for many programs funded by federal and state tax dollars.
