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Documents on medical malpractice

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HTMLThe Intersection of HIPAA and Negligence: Pharmacist’s Violation Cost Walgreens $1.44 Million
Danielle L. Borel; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
March 3, 2015, previously published on December 12, 2014
On November 14, 2014, the Court of Appeals of Indiana affirmed a $1.44 million judgment against Walgreens Company based on a HIPAA violation committed by a Walgreens pharmacist. Walgreen Co. v. Hinchy, 2014 WL 6130795 at *1 (Ind. Ct. App. 2014). In Walgreen Co. v. Hinchy, Walgreens’...


HTMLThe Superior Court of Pennsylvania Just Made It a Whole Lot Easier to Blame the Surgical Sponge
Grant W. Cannon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 1, 2014
All surgeries involve some risk that something adverse to the patient’s interests may occur. One risk common to almost any surgical procedure is the risk of an object being left within the patient after the surgery is complete. In order to reduce the risk of this happening, hospitals have...


HTMLProposed Rule Would Allow More Physicians to Participate in Multiple ACOs
Rick L. Hindmand; McDonald Hopkins LLC;
Legal Alert/Article
February 13, 2015, previously published on December 11, 2014
On Dec. 1, 2014, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would revise the Medicare Shared Savings Program (MSSP) regulations relating to accountable care organizations (ACOs). These proposed changes were published in the Dec. 8, 2014 Federal Register and...


HTMLFDA Issues Draft Guidance on Stem Cell Same Surgery Exception
Hilary B. Dudley, Tamara A. Klein, Courtney Scrubbs, David S. Szabo, Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
Legal Alert/Article
November 21, 2014, previously published on November 11, 2014
On October 23, 2014, the FDA’s Center for Biologics Evaluation and Research issued draft guidance for tissue establishments and healthcare professionals who implant stem cells and other cellular or tissue-based products into human patients. The FDA regulates human cells, tissues or cellular...


HTMLStryker Hip Replacement Recall Settlement Summarized
Wendy R. Fleishman; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
November 10, 2014, previously published on November 3, 2014
On November 3, 2014, a settlement was announced in the litigation against Stryker Corporation for the recall of its Rejuvenate and ABG II artificial hip implants. Under the settlement, Stryker will provide a base payment of $300,000 to patients that received the Rejuvenate or ABG II hip systems and...


HTMLHow Anesthesiologists Reduced Medical Errors by Learning from Malpractice Suits and Adopting New Technology
Robert J. Nelson; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
November 10, 2014, previously published on October 13, 2014
Medical errors are the third leading cause of death in the U.S., after heart disease and cancer. As many as 440,000 people die each year as a result of preventable medical errors, often due to a doctor's negligence.


HTMLWhen Pain After Hip Replacement Surgery Does Not Subside
Wendy R. Fleishman; Lieff, Cabraser, Heimann & Bernstein, LLP;
Legal Alert/Article
November 10, 2014, previously published on October 7, 2014
After hip replacement surgery, most patients spend 3 to 5 days in the hospital, according to the National Institutes of Health. Full recovery from the surgery takes about 3 to 6 months, depending on the type of surgery, overall patient health, and the success of rehabilitation.


HTMLRecord Setting Verdict of $73 Million in Mesh Case
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
October 19, 2014, previously published on September 18, 2014
Boston Scientific, a Massachusetts-based medical device company, was ordered to pay $73 million after a jury found that it was liable for leaving a woman in severe pain following a vaginal mesh implant. The award was comprised of $23 million in compensatory damages and $50 million in punitive...


HTMLNYS Department of Health Developing Regulations Governing Use of Medical Marijuana for Official Launch in January 2016
Alexander L. Betke, Emily E. Whalen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
As one of its final acts of the 2014 legislative session, the New York State Legislature passed the “Compassionate Care Act” making New York the twenty-third state to permit the use of medical marijuana. This new law will allow doctors to prescribe marijuana in a nonsmokeable form to...


HTMLRisk of Heart Disease Increases with Kidney Stones
Jennifer L. Keel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 17, 2014
Chinese researchers have recently found individuals with kidney stones are at an increased risk of developing coronary heart disease and having a stroke.


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