December 2009 Archives

     Wednesday, December 24, a federal lawsuit was filed against University Medical Center and Valley Hospital on behalf of a Las Vegas Woman forced to give birth at home after being ignored by both facilities.
     According to the Las Vegas Review Journal, the baby's parents, Roshunda Abney and Raffinnee Dewberry arrived at UMC on Nov. 30 and waited over 6 hours despite informing hospital personal of Abney's abdonimal pains. Next, the couple went to Valley Hospital where they faced a similiar wait and were treated rudely. After being rejected by both hospitals the couple returned home and within 20 minutes, Abney had given birth. The child, Angel Dewberry, died.
    The Las Vegas couple claims that both hospitals violated the federal Emergency Medical Treatment and Active Labor Act and failed to Properly Screen Abney.Additionally, they are seeking damages for suffered emotional distressed. While both hospitals were unable to comment on the specifics of the case, at least 6 employees involved in the case have been released pending termination proceedings. Additionally, the Review Journal claims that Abney was unaware that she was pregnant at the time of her hospital visit and the child was born at approximately 26 weeks.
     Sadly, Angel Dewberry's tragic stroy is hardly unique, reflecting the overall increase in instances of birth injury, surgical error, medication error, emergency room malpractice within the nation. If you or a loved one has suffered as a result of any type of hospital or doctor malpractice, please contact the Law Office of Dr. Bruce G. Fagel today. 

     Last month, the U.S. Preventative Services Task Force proposed that most women did not need mammograms as early or often as previously recommended. Although this statement caused much controversy, it is apparent that many screenings can actually cause more harm than good. The Washington Post has issued a list of "D" rated exams, or screenings that should be limited to people who have specific symptoms or risk factors for specific conditions.
     According to a 2006 study by researchers at Johns Hopkins University, roughly 40% of routine preventative exams are given superfluously.Listed below are several screenings that healthy, average-risk individuals should avoid:
-Urine Cultures for Bacteria  in men and in women who are not pregnant.Exception: those who are at a high risk for urinary-tract infections.
-Blood Tests, manual exams or ultrasounds to screen for ovarian cancer in women Exceptions: Women who experience lower abdominal pain/bloating sensations or if your mother of sister had the malignancy.
-The Genetic test for the breast cancer susceptibility gene Exception: If you have a history or family history of breast or ovarian cancer.
-The PSA blood test for prostate cancer in men older than 75.
-Ultrasound for plaque buildup in the neck's carotid arteries Exception: Your doctor detects a  bruit or you have experienced a stroke or a mini-stroke. 
-Ultrasounds for peripheral artery disease or clogged leg arteries Exception: you are at a high risk for heart disease and the doctor detects symptoms.
It is important to communicate with your doctor and remember that you will get the most from the tests you do opt for by preparing for them properly. If you or someone you love has experienced complications due to unnecessary screenings or general medical malpractice, please contact the law offices of Dr. Bruce G. Fagel and Associates.

     A LA Times investigation has yielded staggering results regarding nursing protocol and hiring practices. The article, printed in the Sunday paper, speaks of a "dangerous gap in the way states regulate nurses". Essentially, states fail to effectively share information, allowing nurses and caretakers with troubled records to cross state lines and work without restrictions.
     State discipline records and public databases have demonstrated hundreds of cases in which registered nurses held spotless licenses in some states after being sanctioned in others. In California alone, a sample review of 350,000 active nurses showed 177 caretakers whose licenses had been revoked or suspended in other locales.
     Additionally, compared to other states, the California board terminates the least amount of "potentially dangerous" caretakers per year. From 2002 to 2007, only 29 nurses were removed. The regulatory board in Florida, although it oversees roughly 40% less nurses, averages 70 terminations per year.
     Such breakdowns are readily fixable as there is ample available information for states to identify and track nurses disciplined by other jurisdictions. Currently, there are two separate databases that exist, one run by the federal government and one operated by the National Council of State Boards of Nursing. However, although the groundwork has been laid, both regulatory agencies often posses incomplete information as many nursing mishaps fail to be reported.
     While medical malpractice often focuses on the errors of doctors, it is clear that nurses have a huge impact on medical facilities and patient care . Nurses are trusted to provide optimal care and perform and oversee complex treatments. If you or a loved one was the victim of medical malpractice or an abusive caretaker please contact the law offices of Bruce G. Fagel and Associates and speak with an expert legal representative. 

     The New York Times is reporting that early Thursday morning, the Senate voted to reform the nation's health care system. The bill will give tens of millions of Americans access to health insurance and will rein in health costs, according to President Obama. The 60- 39 party line vote officially clears the way for negotiations with the house and was finalized on the 25th straight day of senatorial debate on the matter.
     Most likely, the bill will add 15 million people to Medicaid and subsidize private coverage for low and middle income families. The President described the event as "the most important piece of social legislation since the social Security Act passed in the 1930's" and that the bill represented "the toughest measure ever taken to hold the insurance industry accountable".
     The budget office estimates that the bill will provide coverage to 31 million uninsured people. If the bill becomes law, it will perhaps represent the biggest milestone in social policy since the creation of Social Security in 1935 and Medicare in 1965. However, unlike those historic social developments, the current health care reform bill lacks bipartisan support. Republicans warn that the bill will drive up costs for those who already have insurance and will have "a dampening effect on job creation and job preservation".
     No matter what ultimately occurs regarding health care reform, it is vital that patients remained informed of their options and rights as United States citizens. The hope remains that future change will bring about a reduction in medical errors and malpractice. If you or a loved one has suffered as a result of medical complications or negligence, please contact the law offices of Dr. Bruce G. Fagel and Associates at (800) 541 9376. Experienced legal representatives are here to guide you through times of trouble and ensure upheld justice.

     Throughout the 1990's, pharmaceutical giants such as Wyeth advertised the healing power of menopausal hormone drugs for aging women. According to a recent New York Times article, Industry giants, along with medical associations, gynecologists, physicians and medical journals attested that these medications could ward off major illnesses such as heart disease, Alzheimer disease and even blindness.
     Connie Batron was one one of thousands of American women who responded to such positive messages. Ms. Barton began taking Prempro, a hormone drug distributed by Wyeth (a pharmaceutical company absorbed by Pfizer last year) in 1997 at the age of 53. In 2002 Ms. Barton was diagnosed with breast cancer and in October she was awarded $75 million in punitive damages from Wyeth.
     Although representatives from Pfizer contend that Prempro is both a safe federally prroved drug and has nothing to do with Ms. Barton's breast cancer, over 13,000 women have sued Wyeth within the last 7 years.  Ms. Barton, along with numerous other cancer victims, claim that the menopause drug directly caused the cancer and that Wyeth oversold the benefits of menopausal hormones and failed to properly inform patients of impending risks.
     If you or a loved one has suffered as a result of medication error or general hospital/Doctor malpractice, please contact the Law Offices of Dr. Bruce Fagel and Associates. Expert representatives are standing by to assist you.

     A study, conducted by the Duke University Medical Center found that Post Surgical infections significantly increase the chance of hospital readmission, wrongful death and can cost as much as $60,000 per patient. The study, according to an article in the Houston Chronicle, looked at the 90-day postoperative period for patients at six Duke community hospitals during a 5 year period.
     Lead researcher, Dr. Deverick Andersen, singled out MRSA or methicillin-resistant Stapylococus aureus as specifically problematic for hospitals and patients, both physically and financially. According to Andersen, "patients with surgical infections due to MRSA were 35 times more likely to be readmitted and seven more times likely to die within 90 days compared with uninfected surgical patients". Additionally, for the 6 hospitals that were examined, the estimated cost resulting from MRSA infections exceeded $19 million.
     Additionally, Modern Healthcare online journal reports that from 1999 to 2007 there has been a dramatic increase in the amount of MRSA infections, specifically within children and community-acquired infections. Along with the fact that MRSA is potentially deadly, there exists an obvious area of cost-saving potential, as MRSA infections can cost approximately $60,000 per patient.
     If you or a loved one has suffered as a result of a wrongful hospital infection please contact the Law Offices of Dr. Bruce Fagel, legal representatives are standing by to assist you.

      Over 10 years ago a landmark report estimated the death rates in America due to medical mistakes at over 98,000 annually. The Chicago Tribune is reporting that In 2005, state legislatures in Illinois voted to pass a measure that would require hospitals to report medical mishaps of the deadliest kind. Nearly 5 years later, the bill has yet to be implemented and experts estimate it make take upwards to two years.
     Budget concerns and delays caused by special interests groups are cited as the most common explanation for the delay. However, progress is finally being made in the form of web site databases. These sites track the number of hospital infections, staff levels, and so called "never" mistakes, which consist of preventable mishaps such as surgical errors and medication mistakes.
     When the Illinois Adverse Health Care Event Reporting Law is fully in place, hospitals will be required to report major mistakes within 30 days of the occurrence. the next step is for State legislators to locate a vendor to enforce the law. Experts believe that this phase of the program will not be enacted until mid-2010. If you or a loved one has been the victim of a preventable medical mistake, contact the law offices of Dr. Bruce G. Fagel and Associates. Legal representatives are standing by to assist you.

     1/5 of pregnant women in the United States are obese, and recently, doctors have urged overweight women to watch their weight to combat possible birth injuries. Last May, the Institute of Medicine lowered the minimum recommended weight gain for obese women from 15 to 11 pounds.
     Now, The New York Times is reporting that a large 4-year trial called "Healthy Moms Study" is advising larger women against any weight gain. If women do gain, the researchers advocate no more than a 3% increase from their baseline weight. According to Kathleen Rasmussen, a professor of nutrition at Cornell who also worked on the "Healthy Moms Study", "Pregnancy is a teachable moment, a time when women are willing to make positive behavioral changes, because it's important for their own health and their babies".
     The women enrolled in the study are advised to consume only 2,000 calories daily. Although this may appear drastic, experts contend that pregnancy only requires an addition 300-400 calories a day to support the fetus. Additionally, the study has confirmed that a significant number or obese women do not gain weight during pregnancy and seem to have healthy outcomes.
     Nationwide, obesity is on the rise and researchers are beginning to ponder the longterm ramifications for the mother and child. Advocates of the trial contend that pregnancy may represent the final means to break the cycle of obesity. However, there are concerns regarding the zero-weight gain plan. Specifically, it is believed that by not gaining weight, women will produce an acidic compound called ketones, which may harm the fetus.
      Hopefully, this trial will result in increased knowledge regarding the healthiest delivery weight for women and mitigate against future birth injuries. If you or someone you love has experienced complications during pregnancy due to medical negligence, please contact the law offices of Dr. Bruce G. Fagel and Associates.

     Nurses at the JPS Health Network, located in Fort Worth, Texas, have been using patient photographs to combat possible medication errors. HealthLeadersMedia.com is reporting that the succesful program first began in 2006. After a patient was misidentified at the care facility, Allison Mason, program manager in the Department of Psychiatry at JPS, attended a conference regarding medication error.
     Initially, photographs were implemented in the adolescent ward as a second identifier during medication administration. In the 5 year period in which this program was implemented, only 5 medication errors were recorded. Additionally, since patient photograph expanded to cover the entire hospital, and the facility has only received a handful of mishaps.
     Medication error due to misidentification is especially challenging in psychiatricty as patient are often noncompliant regarding identification tags. Additionally, patients may be unable or unwilling to answer basic questions regarding their identity.
     Along with taking a toll on patient care, medication errors cost roughly $4 billion a year.  According to a 2007 study by the Institute of Medicine, a subsidy of the National Academy of Sciences, every year in the United States an average of 1.5 preventable "adverse drug events" occur.
     Such innovative programs are long overdue and will hopefully curb this profound problem within the medical community. If you or a loved one has suffered as a result of medication error, please contact the Law Offices of Bruce G. Fagel and Associates.

     Two weeks ago, I wrote about the problems regarding nursing home negligence. Recent events and studies have shown that elder abuse is especially prevalent in the Chicago area. The Associated Press is reporting that Illinois nursing home heads are rarely disciplined for wrong doing--including violent physical abuse on elderly patients. Although the state Health Department, which investigates nursing home care, cited dozens of cases last year, few if any punishments were doled out.
    During the last 4 years, the Illinois Department of Financial and Professional Regulation received 407 complaints from the state health department. Only 3 facility administrators were disciplined. Area advocates say that these statistics point to a broken system. A task force, headed by Gov. Pat Quinn, has been created to look into why so few cases result in discipline. According to Toby Edelman, an attorney with the nonprofit Center for Medicare Advocacy, "less than 1 percent is ridiculous...there must be more accountability on the part of the administrators".  
     According to a March study conducted by the National Institute of Justice, about 11% of people aged 60 and above experience some type of elder abuse each year. Additionally, elder victims of physical abuse, neglect and other types of exploitation have twice the risk of dying within a year. Obviously, these are unfortunate and staggering statistics that will hopefully be curbed by the new federal acts. Additionally, if you or a loved one are victims of elder abuse, please contact the Law offices of Dr. Bruce Fagel and Associates. Expert legal representatives are standing by to assist you.

     The New York Times is reporting that Republican Senator Charles Grassley has sent letters to 31 medical advocacy organizations, including the American Medical Association and the American Cancer Society, asking them to provide details regarding the amount of money the agencies receive from drug and device makers. The Senator from Iowa contends that industry's financial sway over such large groups leads them to lobby on behalf of industry.
     A spokesperson for the American Medical Association stated that the A.M.A. received the letter and would answer all questions publicly. Steve Weiss, a spokesperson for the American Cancer Society, stated that the society " holds itself to the highest standard of transparency and public accountability and we look forward to working with senator Grassley to provide the information he requested".
     The letter is part of the Iowa Senators investigation into the influence of drug and drug devices on the practice of medicine. Earlier this year, Mr. Grassley sent a similar letter to the National Alliance on Mental Health. After it was disclosed that roughly 2/3 of NAMI's income derived from pharmaceutical organization, the head of the organization, Dr. Richard Lamb, resigned.
    Regardless of what ultimately occurs results from the Senator's investigation it is vital that patients remained informed of their options and rights as United States citizens.If you or a loved one has suffered as a result of medical complications or negligence, please contact the law offices of Dr. Bruce G. Fagel and Associates at (800) 541 9376. Experienced legal representatives are here to guide you through times of trouble and ensure upheld justice.

     The U.S. News and World Report released a small study that found that most adults in the hospital could not accurately name the medications they received. The study confirmed that 44% of adults were believed they had been given a medication in the hospital that was not actually prescribed
     Additionally, 96% failed to recall one or more of the drugs they had received during their hospital stay and only 28% of patient said they had seen their medication list. The full study was released in the Dec. 10th issue of The Journal of Hospital Medicine. While most out-patients are militant regarding the medications they take and receive , this is clearly not the case inside the hospital. However, the stakes are often much higher in the hospital setting.
     Kevin Colgan, director of pharmacy at Rush University Medical Center said that the report hints at a larger problem that patient plan of care is often not communicated, and can often lead to medication errors or even wrongful death situations. Colgan continued, " to catch medication errors, patients must first know something about the medicines they are taking".
     To prevent medication errors, it is vital to keep a list of medications you take as to provide an accurate medication history upon your entry to the hospital. Additionally, while at the hospital, ask questions regarding the medications you are being prescribed. Finally, before being discharged, learn about the medications you'll be taking home. If you or a loved one has been the victim of medication error, please contact the Law Offices of Dr. Bruce G. Fagel and Associates. Expert legal representatives are standing by to assist you.

     A new study conducted by JAMA and published by the Houston Chronicle found evidence of rampant infection rates in intensive care units of ICU's worldwide. The study found that roughly half of all ICU patients are infected, infected patients have a higher risk of dying and the longer a patient remains in ICU, the greater chance they have of dying. 

     The Los Angeles Times is reporting that experimental, unscientific treatments for autism, often conducted at the behest of physicians, can lead to high risks for autistic children. Although doctors cannot yet explain or cure the disorder, annually, thousands of U.S. children undergo potentially dangerous treatments under the guidance of physicians in an effort to "recover" children with autism. 

     Last week, Rep. Bruce Braley, made a brief yet impassioned speech regarding the need to fight for increased patient safety and reduce medical errors. The Seattle Post Intelligencer is reporting that Braley, a second-term Democrat from Iowa, has captured the hopes of patient safety advocates across the nation.

     A study has shown that the factors contributing to patient risk go well beyond common fatigue. The new study, the largest of its kind conducted, suggests that surgeons who are depressed or burnt out are more likely to commit major surgical errors. The findings, published by The Medical News, pinpoints the mental well-being of physicians as a major determining factor in evaluating patient safety. 

     The U.S. Senate began debate regarding the sweeping health care reform bill this past monday. According to CNN.com, Democratic Senate Majority Leader Henry Reid described the impending legislative battle as one of the most important in American history.