Category Archives: Medical Negligence

Information about medical negligence

A Tale of Two Lovers: Legal Ramifications of STDs

What are my options if someone gives me a STD? This question may not have had any significance 10 or 20 years ago, however in the past few years more and more claims of battery and negligence in infecting another individual with a sexually transmissible disease have come to light. According to the Center for Disease Control’s “STD Trends Fact Sheet,” the CDC estimates “nearly 20 million new sexually transmitted infections occur every year in this country, half among young people ages 15-24.” On April 1, 2015, the 4th District Court of Appeal issued a decision in Lopez v. Clarke, “a tale of two lovers.” Monica Lopez sued John Clarke claiming that he gave her genital herpes, that he concealed he had an STD and now she suffers because of the disease. “Both denied having the virus prior to their relationship. Both said they were faithful to each other. Both…
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Posted in Medical Negligence, Nicholas A. Primrose, Personal Injury | Leave a comment

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