Category Archives: Medical Malpractice

Information about medical malpractice

Generic Drugs Spark Suits

The United States Supreme Court has made a ruling that has caused concern for people taking generic versions of drugs rather than brand-name drugs. In PLIVIA v. Mensing, which was heard in 2011, the Court found that federal statutes and Food and Drug Administration regulations pre-empt state tort claims. This case involved two individuals who after being prescribed the brand-name drug Reglan, were actually given the generic version of the drug by their pharmacist. Several years of taking the generic drug led both to develop a severe neurological disorder and they sued due to inadequate warning labels. The brand-name Reglan had recognized such risk associated with long-term use and strengthened its labeling to convey the risk where as the generic brand did not. The Court’s reasoning for not requiring generic drug manufacturers to comply with both federal regulations and state court judgments is because as the law stands they must…
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Posted in Medical Malpractice, Medical Negligence, Nursing Home Neglect/Abuse, Pharmacy Errors | Tagged , , | Leave a comment

New Technology Sparks a New Influx of Lawsuits

Modern society has grown to embrace advances in technology, especially as of late technology that makes every day life more convenient.  Among these new conveniences, is the growingly popular laser hair removal technology that is sparking interest by non-physicians. Laser hair removal has recently become more and more advertised on Tv, the radio and flyers, as people rush to embrace and capitalize on this growing new trend.  As people come to see the popularly growing concept take form individuals looking to take advantage of the treatment are buying machines and setting up shop.  Three states—New York, Virginia, and Georgia—do not consider laser treatment to remove hair a medical treatment, while 35 states do, 26 of which require on-site medical supervision of non-medical operators offering the treatment.  Eleven states still do not have any laws regulating the practice of laser hair removal at all. A JAMA Dermatology study found that in…
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Posted in Consumer Safety, Dangerous, Medical Malpractice, Medical Negligence | Tagged , | Leave a comment

Modern Technology and What Dangers it Poses to Our Privacy

It is not uncommon to see people now a days with a cell phone taking pictures out in public places. Technology has put so many tools and options into of phones that have made it growingly convenient to just snap a picture of something you see, for example the Internet is full of photos and video people have taken on their phones. Though advancement of the cell phone has brought with it some clear utility, it has also opened the door to people taking advantage of having a camera at their fingertips. Lawsuits have been brought against personnel in places hospitals and emergency responders for their use of cell phone to take photographs at inappropriate times. An anesthesiologist in a deposition referred to what he thought was just a joke between coworkers, in speaking about photos taken of a patient who’d been put under anesthesia for a procedure. Personnel placed…
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Posted in Consumer Safety, Medical Malpractice, Medical Negligence | Tagged , , , | Leave a comment