Was it murder? Neglect? Or necessary for pain? Hurricane Patient Deaths Not an Easy Case

The Advocate reports (07/20/2006), legal scholars agree that proving a doctor and two nurses injected patients with the intent to kill them while stranded in a New Orleans hospital after Hurricane Katrina will be a huge challenge. One of the major questions will center on whether the injections were given with deliberate intent to kill or to ease pain. The problem is one of intent. Penny Brown Roberts, The Advocate Read Article: The Advocate

Nissan Altimas and Sentras Recalled

Bloomberg reports, over 200,000 sedans have been recalled for a faulty engine part that causes stalling. The 2006 Consumer Reports have ranked four Nissan models as the least dependable. A previous recall for 2006 models was due to complaints of excessive oil use and engine fires. Ripley Watson, Bloomberg 07/12/2006 Read Article: Bloomberg

Agreement Bars Surgeon from Practicing in U.S.

The Oregonian reports, Dr. Jayant Patel and the Oregon Board of Medical Examiners entered into an agreement that suspends Dr. Patel's license to practice in Oregon and bars him from obtaining a license in any other state in the U.S. until an investigation into alleged criminal charges, including patient deaths, in Australia is completed. The Oregon board says this effectively ends Dr. Patel's career because the case in Australia could take years to resolve. The Oregonian 07/14/2006 Read Article: The Oregonian

Who needs an autoclave. We have elevator fluid! Duke University Health System in Malpractice Limelight

Wow, Louis Pasteur just turened over in his garve. Forbes reports, A man is suing the Duke University Health system after his surgical instruments were washed in elevator fluid. Medical officials admitted to possibly exposing 3,800 surgery patients to the tainted instruments. They also claim the exposure was not harmful according to independent studies. The Associated Press, Forbes 07/14/2006 Read Article: Forbes

Money! Money! Money! Medications Unknowingly Altered

USA Today reports, pharmacies and healthcare companies are distributing compound/self-made drugs without informing doctors and patients. Chairman Senator Charles Grassley of Iowa claims maximizing profit may be their central motive. Who’s the main target? Medicare patients since the insurer pays brand-name costs and lacks compound drug-billing codes. Julie Appleby, USA Today 07/14/2006 Read Article: USA Today

USC Transplant Survival Rate Questioned

The LA Times says, the Los Angeles University Hospital reports a significant decline in liver transplant survival rates. USC falls below federal and state standards for government certification and funding. The California Dept. of Health Services will begin investigation in connection to the statistics. Charles Ornstein and Tracy Weber, LA Times 07/13/2006 Read Article: LA Times

Is the medical profession suborning perjury? Doctors Can Sue if Disciplined for Med Mal Expert Witness Testimony

Is the medical profession suborning perjury? Sounds like it to me! The Florida Medical Society and three Florida doctors are not immune from liability for their efforts to discipline a doctor who testified as a plaintiff's expert witness in a medical malpractice trial, according to a ruling by an appeals court in Tallahassee. Daily Business Review, 07/14/2006

Campaigns Foretell of Partisan Legislature

John Maginnis reports, the future Legislature "will have the deepest partisan divide between the two houses in modern state history." Maginnis associates the partisanship with early campaign efforts and term limits. In the House, Republicans could end up with a majority. In the Senate, Democrats could gain more power as 9 of 15 seats (60 percent) currently held by Republicans will be open. Eight of 24 seats held by Democrats (33 percent) will be open. La. Politics, John Maginnis, 07/14/2006

New Orleans Withdraws from Possible 2008 DNC Host Sites

Associated Press reports, New Orleans withdrew its bid as a host city for the 2008 Democratic National Convention because of the cost associated with the event. Still being considered are Denver, Minneapolis-Saint Paul and New York City. Cities in competition for the '08 Republican National Convention are Cleveland, New York City, Tampa-St. Petersburg and Minneapolis-Saint Paul. Associated Press, 07/14/2006

Developer Can't Find Insurance in New Orleans

The Advocate reports, a real estate developer wants to rebuild about 800 total housing units on the West Bank of New Orleans, but he can't get affordable insurance. Developer Howard Gyler is reported to have said, "People have said, 'Where's the private sector?' Here I am. Now get me insurance so I can go to work." A spokesperson for the property casualty insurance industry said insurance companies are pressured by too many risk factors ranging from high crime, theft of building supplies at construction sites, looting and vandalism, risk in reconstructing damaged buildings as opposed to new construction, and threat of future hurricanes. Chad Calder, Ted Griggs, The Advocate 07/14/2006 Read Article: The Advocate

If you’re poor, and you die, hey, that’s the best we could do: Transplant Centers Not Meeting Standards for Federal Funding

Love of money....The LA Times determined that roughly 20 percent of federally funded transplant centers across the country are failing to meet minimum standards. These substandard programs have poor patient survival rates or do not perform enough operations to be certified for funding. The U.S. Centers for Medicare and Medicaid Services has not issued sanctions or pulled certification from any center that fails to meet its standards. Tracy Weber and Charles Ornstein, LA Times 06/29/2006 Read Article: LA Times

Ah, quit whining! Go live somewhere else: Homeowners Being Driven Out of FL by Rising Insurance Rates

Love of Money. Part II....Many homeowners in the state of FL can no longer afford to pay the rising insurance rates. Some face foreclosure on their homes and others have packed up and left before the rates go up any higher. Insurance has become a top campaign issue, but many cannot wait for the Legislature to provide homeowners or the depleted state-created insurer, Citizens, with assistance. Lynn Waddell, The New York Times 06/29/2006 Read Article: The New York Times

It might be your civic duty, but insurance lawyers will make it your hell: Insurance Attorneys Use Aggressive Tactic to Challenge Med Mal Verdict

Attorneys representing an obstetrician-gynecologist and his medical group are challenging a $28 million verdict awarded to a state Health Department investigator. The defense attorneys plan to attack individual jurors by hauling them back into court and will also accuse the entire panel of prejudice. The case involves a botched surgery that caused a urinary tract problem for the 42-year-old woman. Rene Stutzman, Orlando Sentinel 06/26/2006 Read Article: Orlando Sentinel

Insurers Says 'Stiffed' Katrina Victims

Love of money. Part III...

Jon Haber, Association of Trial Lawyers of America, said, U.S. Homeland Security is being called to investigate reports of insurance companies improperly denying claims filed by victims of Hurricane Katrina. Haber said, "This isn't the first time policyholders who have dutifully paid their premiums for years and years have been stiffed by the insurance industry."

You’re hungry and no place to sleep, but "vhere" are your papers! New Medicaid Law Could Hurt Hurricane Victims

Yah...Vhere is your papers? Officials with the Louisiana Department of Health and Hospitals said the new Medicaid law that requires proof of American citizenship to receive benefits could pose hardships for hurricane victims who have lost personal documentation. Nine plaintiffs, who are American citizens, filed a class action lawsuit in Chicago say various circumstances prevent them from providing the required documentation. The new law is effective Saturday. Jan Moller, New Orleans Times-Picayune 06/29/2006 Read Article: New Orleans Times-Picayune

Once, twice, three times a victim: New Medicaid Law Could Hurt Hurricane Victims

Officials with the Louisiana Department of Health and Hospitals said the new Medicaid law that requires proof of American citizenship to receive benefits could pose hardships for hurricane victims who have lost personal documentation. Nine plaintiffs, who are American citizens, filed a class action lawsuit in Chicago say various circumstances prevent them from providing the required documentation. The new law is effective Saturday. Jan Moller, New Orleans Times-Picayune 06/29/2006 Read Article: New Orleans Times-Picayune

Greedy Doctors set up fake charities...

Doctors around the country have started setting up tax-exempt charities that have become conduits for money from drug companies and medical device makers. Some argue that these foundations are created to keep the industry money away from doctor's private practices. However, critics believe these funds often go towards studies that do little to advance science and sometimes go towards for-profit medical groups to cover business expenses or even pay part of doctors' salaries. Reed Abelson, The New York Times 06/28/2006 Read Article: The New York Times

Elliot Mainway & CPSC: Subjective Factors to Determine if Product is Defective

Remember Elliot Mainway on Saturday Night Live. The guy who had his own subject measure for determining if his product were defective. Well, Mr. Mainway is now employed by the Consumer Product Safety Commission (CPSC), the Federal agency that is supposed to protect you and your children.

The CPSC proposes a rule change that would allow a manufacturer to consider several subjective factors to determine whether a product is "defective" and whether it must warn consumers about certain product hazards. Recalled toys are also included in the types of products affected by the rule change. The toy industry lobbied heavily to have the rules revised.

Electronic Medical Records Are More Easily Exposed to Theft

Four groups are currently working on a way to standardize medical records and convert them into electronic data. This effort could expose extremely sensitive information to hacking or accidental release. Dr. Halamka of Harvard believes a decentralized approach is better because the data lives in the doctor's office or hospital, not in a large central database that could be hacked. Judy Foreman, The Dallas Morning News 06/27/2006 Read Article: The Dallas Morning News

We need Doctors who care, not Tort Reform

In a question-and-answer format, Ken Suggs, president of the Association of Trial Lawyers of America, discusses why he believes lawyers who sue doctors are unfairly singled out as the reason for skyrocketing health care costs. Suggs says the real issue is politics rather than medical crisis. Read the article here. UPI, 06/28/2006