The plaintiff alleged, in Cronin v. Jamaica Hospital Medical Center, --- N.Y.S.2d ----, 2009 WL 711761 (March 17, 2009), that the defendant wrongfully prolonged the decedent's life by resuscitating him on two occasions against the express instructions of the decedent and his family as contained in two Do-Not-Resuscitate orders issued by the hospital and executed by members of the decedent's family. The Appellate Division, Second Department, affirmed the granting of summary judgment in favor of the defendant and dismissing the complaint on the ground that the plaintiff was asserting a claim for wrongful living and that no such cause of action can be maintained. The status of being alive does not constitute an injury in New York, said the Court. The decision indicates, however, that had the plaintiff submitted evidence raising a triable issue of fact as to whether the decedent was injured as a result of the resuscitati
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The U.S. Food and Drug Administration announced on March 13, 2009, agreements with five partners to study the effects of anesthetics and sedatives on the neurocognitive development of infants and young children. Exposure to some anesthetics and sedatives is associated with memory and learning deficits and other neurodegenerative changes in the central nervous system, according to research using juvenile animal models by the FDA's National Center for Toxicological Research (NCTR). Insufficient human data exists to either support or refute the possibility that similar effects could occur in children. The FDA hopes to develop this data through the Safety of Key Inhaled and Intravenous Drugs in Pediatrics (SAFEKIDS) Initiative. The SAFEKIDS Initiative is a multi-year project designed to address major gaps in scientific information about the safe use of anesthetics and sedatives received by millions of children each year. The FDA's research partners in the SAFEKIDS
Our office is currently representing a client who sustained what appears to be permanent scarring as a result of undergoing laser hair removal. However, the laser hair removal center involved has gone out of business to the chagrin of, as readily apparent from the internet, many former customers of the facility. An apparent owner of the facility, a non-physician, has boasted on the internet that any judgment a customer might obtain in court for the facilitys breach of contract by not rendering services that had been paid for would be a useless judgment against his defunct corporation that would never be collected. But an important question arises: Isnt there supposed to be a doctor supervising the laser procedure?
In Lizardi v. Westchester County Health Care Corp, 1990/03, a father is seeking to recover damages for the wrongful death of his 7-month infant son Marc Ryan Lizardi who was strangled by his mother, Susan Moody, on February 25th, 2001. The infant's father is suing Dr. Scott Marder, who was not the treating physician for Ms. Moody during her admission to defendant Stony Lodge Hospital, but had treated her on at least one occasion during that stay during the weeks preceding the tragic event. The doctor made a pre-answer motion to have the case dismissed against him pursuant to CPLR section 3211(a) arguing that he owes no legal duty to the infant or to the plaintiff father. The motion to dismiss was denied by Hon. Mary H. Smith in a decision dated November 13th, 2008.
Court Rejects Medical Malpractice Defendants' Attempt to Allow Jury to Find Plaintiff's Father and Cousin, Both Physicians, Liable for Plaintiff's Injuries
The plaintiff in Antaki v. Lerman sued North Shore University Hospital Plainview and Craig C. Lerman, MD alleging that he was the victim of medical malpractice in the hospital's emergency room for failure to diagnose the presence of the bacteria C-difficile in his colon, which failure ultimately led to undergo surgery including a subtotal colonoscopy for the removal of the mega colon. The defendants requested that the trial court permit the jury to consider allocating total liability not only among the defendants, but also against the plaintiff's father and his uncle, both of whom are physicians.
Danger: Unapproved Ophthalmic Balanced Salt Solution Drug Products and Topical Drug Products Containing Papain
The U.S. Food and Drug Administration (FDA) today announced that companies marketing unapproved ophthalmic balanced salt solutions (BSS) and unapproved topical drug products containing papain must stop manufacturing these products on or before November 24, 2008, and must stop shipping such unapproved products on or before January 21, 2009, or risk enforcement action. FDA is taking these actions because it has received reports of serious adverse events associated with their uses, including eye inflammation, cloudy vision, permanent loss of visual acuity, a serious drop in blood pressure and increased heart rate. Ophthalmic balanced salt solutions are used to irrigate the eye during surgery on the eye, including cataract and other ocular procedures. The FDA's action does not affect approved ophthalmic BSS products such as approved versions of BSS made by Alcon and Akorn. No topical drug product containing papain has been approved by the FDA. After the above dates, all topi
According to the medical records of the psychiatric emergency room at Kings County Hospital Center in Brooklyn, New York, a patient named Esmin Elizabeth Green, who had been brought to the hospital almost 24 hours earlier but had not yet been seen by a doctor, was sitting quietly in a chair. In fact, she was already dead. The hospital chart also says that she got up to walk to the bathroom when she was actually writhing on the floor. How do we know the truth? Because unlike most instances of medical malpractice, this apparent fiasco is captured on the hospitals own surveillance videotape. The cameras captured Ms. Green, 49, sliding off her chair at 5:32 a.m. on June 19th. About half an hour after she collapsed, the video shows a security guard walking in to look at her, then walking away again as she lies motionless. A security guard can be seen later on the video rolling his chair
Governor Paterson Busy Protecting Citizens from Harmful Doctors, Drugs, Toys and Sexual Predators - Part 2
Part 2 of this topic discusses new legislation regarding dangerous drugs, defective toys and sexual predators using the internet to prowl and prey. The information herein is set forth in press releases issued by the governor's office. Proposed legislation designed to protect patients from medical malpractice was discussed in Part 1 of this blog. Governor David A. Paterson has proposed legislation to limit the influence of pharmaceutical manufacturers over prescription decisions by banning gifts and payments from drug companies to physicians and other prescribers in excess of $50 per year. The bill would also require practitioners who m
Governor Paterson Busy Protecting Citizens from Harmful Doctors, Drugs, Toys and Sexual Predators - Part 1
Last week was a busy week for New York's Governor David A. Paterson on issues often written about in this blog - medical malpractice, dangerous drugs, defective toys and sexual predators using the internet. Some bills were signed, others introduced. The most ambitious of these was on the medical malpractice front, Governor Paterson proposed legislation that offers more transparency for patients and tougher discipline for physicians; enhanced infection control requirements will facilitate the prevention of and response to infectious disease transmissions. Part 1 will discuss this legislation, Part 2 the others. The information herein is set forth in press releases issued by the governo
A feature article in the March/April 2007 issue of the Columbia Journalism Review discusses and labels as an epidemic the pervasive role hospitals play in producing "feel good" stories that are essentially advertisements for themselves and feeding the stories to television stations that run the stories as purported health news on their local TV news programs. The stories chosen tend to promote expensive specialties and procedures like bariatric surgery for obesity and gamma knife surgery for brain cancer at the expense of stories about less profitable diagnoses, like AIDS or pneumonia, care for the uninsured, or critical stories such as hospital infection rates, medical mistakes or poor care. Perhaps the most egregious example cited in the feature involves the partnership between the CBS station in Philadelphia with Temple University Hospital, which produces stores called Temple LifeLin