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Pretrial Detainee Alleging Deliberate Indifference to His Medical Needs Must Show Defendant Was Actually Aware of Risk of Harm

Posted On Oct 26, 2009 @ 10:13 AM by SEO Admin

In Caiozzo v. Koreman, 581 F.3d 63 (C.A.2 (N.Y.)), the plaintiffs decedent died while in custody as a pretrial detainee at Albany County Correctional Facility (ACCF). The cause of death was ascribed to seizure due to acute and chronic alcoholism. It was alleged that the defendants failed to provide him with alcohol withdrawal treatment that they knew or should have known he needed, resulting in his fatal seizure. The timing of a detainee's last drink is important in assessing the need for and timing of alcohol withdrawal treatment. The error of the defendant nurse who examined the plaintiffs decedent was in believing that his last drink was the evening on the date that she examined him, when in fact it was the evening before. A deliberate indifference claim can lie where prison officials engage in a policy of deliberately igno

There Has To Be A Counterweight To The Malevolence Of The Insurance Industry. - Sen. Jay Rockefeller

Posted On Oct 19, 2009 @ 09:45 AM by SEO Admin

Well theres a mouthful. The quote, from Senator Rockefeller in the context of the health care reform debate, was said in an interview on Bloomberg Televisions Political Capital with Al Hunt, airing this weekend. He is not only critical of the insurance industry, but he intends to do something about it. Specifically, Rockefeller said he would introduce an amendment requiring insurers to spend 85 percent of their revenue on health care for consumers. Rockefeller also said he would back a plan, in separate legislation, to repeal the insurance industries antitrust exemption. Rockefeller was critical of Senate Finance Committee because it failed to include the public option, although he did vote for it. Rockefellers proposed amendments shows how he is honed in on the different ways health insurers pad their bottom line at the expense of the public and wants to confront these excesses by spurring competition and controlling costs. His amendment limiting insur

There Has To Be A Counterweight To The Malevolence Of The Insurance Industry. - Sen. Jay Rockefeller

Posted On Oct 19, 2009 @ 09:45 AM by SEO Admin

Well theres a mouthful. The quote, from Senator Rockefeller in the context of the health care reform debate, was said in an interview on Bloomberg Televisions Political Capital with Al Hunt, airing this weekend. He is not only critical of the insurance industry, but he intends to do something about it. Specifically, Rockefeller said he would introduce an amendment requiring insurers to spend 85 percent of their revenue on health care for consumers. Rockefeller also said he would back a plan, in separate legislation, to repeal the insurance industries antitrust exemption. Rockefeller was critical of Senate Finance Committee because it failed to include the public option, although he did vote for it. Rockefellers proposed amendments shows how he is honed in on the different ways health insurers pad their bottom line at the expense of the public and wants to confront these excesses by spurring competition and controlling costs. His amendment limiting insur

Continuing Violation Doctrine Extends Prisoners Time to Bring Claim Alleging Medical Indifference to His Paralyzed Hands That He Was Able to Use to Fire Murder Weapon

Posted On Aug 20, 2009 @ 02:24 AM by SEO Admin

Jose J. Shomo was convicted in New York State court, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentenced as a persistent violent felony offender to concurrent terms of 25 years to life. He had used a firearm to commit the murder. He was in the custody of the New York City Department of Corrections (DOC) from September 20, 1999, to January 4, 2001. In 2003, Shomo filed a pro se Section 1983 lawsuit infederalcourt alleging that on the day that he entered DOC custody, he was diagnosed with right arm paralysis and limited use of his left arm, and that thereafter the defendants were deliberately indifferent to providing him with necessary medical care. His suitincluded claims forEighth Amendment medical indifference, violations of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973,

Continuing Violation Doctrine Extends Prisoners Time to Bring Claim Alleging Medical Indifference to His Paralyzed Hands That He Was Able to Use to Fire Murder Weapon

Posted On Aug 20, 2009 @ 02:24 AM by SEO Admin

Jose J. Shomo was convicted in New York State court, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentenced as a persistent violent felony offender to concurrent terms of 25 years to life. He had used a firearm to commit the murder. He was in the custody of the New York City Department of Corrections (DOC) from September 20, 1999, to January 4, 2001. In 2003, Shomo filed a pro se Section 1983 lawsuit infederalcourt alleging that on the day that he entered DOC custody, he was diagnosed with right arm paralysis and limited use of his left arm, and that thereafter the defendants were deliberately indifferent to providing him with necessary medical care. His suitincluded claims forEighth Amendment medical indifference, violations of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973,

Report Debunks the Myths of Medical Malpractice Litigation and Health Care Costs and Shows that Most Compensated Injuries are Extremely Serious

Posted On Jul 20, 2009 @ 12:21 AM by SEO Admin

If you spend an hour reading this report, chances are that five to 11 Americans will die from preventable medical errors by the time you finish. Chances also are better than 50-50 that not a single malpractice payment will be made as a result of any of these avoidable deaths. Policy makers intent on reducing the legal liability of our health care system should address the crisis that experts acknowledge the shocking prevalence of medical errors instead of falling prey to the special interests' fiction that lawsuits are at the root of the problem. So begins and ends the July 1, 2009, report by Public Citizen titled The 0.6 Percent Bogeyman debunking the myths concerning the so-called medical malpractice crisis. According to the report, the problem isnt that too much is being paid out in medical malpractice claims; its that too many victims of malpractice are not aware that their situation merits a

Suit for Injury During Insurance Company Doctor's Medical Examination Subject to Medical Malpractice Statute of Limitations, Holds Court of Appeals

Posted On Jul 1, 2009 @ 11:23 PM by SEO Admin

Part and parcel of many types of claims for bodily injuries is the medical examination conducted by a physician designated by an insurance company. This can occur in contexts including a personal injury lawsuit, a claim for motor vehicle no-fault benefits, a disability claim or a workers compensation claim. Once in a while one of our clients complains that they were injured by the insurance company doctor, although no one, as far as we know, has gone so far as to try to sue the doctor. But if a client did sue, would it be considered an action for medical malpractice or for negligence? It made a difference in Bazakos v. Lewis, --- N.E.2d---, 2009 WL 1765980 (N.Y., 2009), a 4-3 split Court of Appeals decision dated June 24, 2009, because the suit was commenced after the 2 -year

It Doesnt Take Much of a Gift to Influence Doctors Prescription Choices

Posted On Jun 2, 2009 @ 08:51 AM by SEO Admin

A principal underlying assumption regarding limits on and ethics guidelines addressing pharmaceutical promotion is that smaller gifts are unlikely to exert influence on prescribing decisions. Nonetheless, a substantial body of marketing and psychology literature suggests that even trivial items can exert influence irrespective of economic value. Adding a small gift such as personalized mailing labels, a pen or a coffee mug to a solicitation for donations has been shown to significantly increase donations. These types of gifts can also influence prescribing behavior, according to a study that appears in The Archives of Internal Medicine. (Arch Intern Med. 2009;169(9):887-893). The experiment found that exposure to these items results in more favorable attitudes toward marketed products and that medical school policies that restrict pharmaceutical marketing mitigate this effect. The study was designed to measure the influence of exposure to branded promotional items on rel

Black Box Warning Label Suggested For Flomax Due to Complications From Cataract Surgery

Posted On May 22, 2009 @ 01:32 PM by SEO Admin

Cataract surgery is the most commonly performed operation in the United States today, with nearly 2 million cataract operations performed in the United States each year. Benign prostatic hyperplasia (BPH), an enlarged prostate, is common in older men, affecting nearly 3 out of 4 men by the age of 70 years. BPH is often treated with tamsulosin hydrochloride (Flomax), an alpha-blocking drug that accounted for more than $1 billion in sales in 2007. This BPH/cataract combination is dangerous: A study to assess the risk of adverse events following cataract surgery in older men prescribed Flomax found that exposure to tamsulosin within 14 days of cataract surgery was significantly associated with serious postoperative ophthalmic adverse events. The researchers discovered that those who took Flomax two weeks before the procedure were 2.3 time

Inadequate Patient Discharge Instructions and Intervention Resulting in Rehospitalization: Prevalent, Costly and Sometimes Malpractice

Posted On Apr 10, 2009 @ 12:49 PM by SEO Admin

Studies have found that when patients leave the hospital without clear understanding of their diagnoses, medication instructions, or need for primary care follow-up, chances are that they will wind up back in the emergency department, and many will be readmitted. Questions are being asked within the medical community whether the standards of care relating to hospitals discharge instructions and follow-up are in fact inadequate and costly to the system by resulting in unnecessary rehospitalizations. A study published in the New England Journal of Medicine (April 2, 2009) found that Medicare patients discharged from a hospital are frequently readmitted within a few months, a situation sometimes referred to as bounce-back admissions. In the study, the cost of unplanned rehospitalizations in 2004 was estimated to account for US$17.4 billion of the $102.6 billion in hospital payments from Medicare. The researchers a

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