Archive for the ‘Medical Liability’ Category

Are Robots Better Surgeons Than Human Surgeons?

Thursday, June 23rd, 2011

Many hospitals around the country are advertising robotic surgery as a means of attracting patients to their facilities, as robotic surgery represents state-of-the art technology to consumers who seek quality medical services. The truth is robots have been used to perform surgeries since the mid-1980s. Perhaps the most widely known robotic surgery, performed for several decades, is abdominal or gallbladder surgery, where a video camera and long-handled surgical instruments on a tube are inserted through a small incision. With the aid of a video monitor, human surgeons watch the magnified images as they guide the instruments.

But do robots make better surgeons than humans? Robots are merely computerized systems, with arms capable of interacting within an environment. They assist surgeons who sit at control consoles that display three-dimensional images on video screens and allow the surgeons, using computer controls, to easily maneuver the surgical instruments inside the body. Currently, more than 800 hospitals across America and Europe offer some type of robotic surgery for prostate cancer, hysterectomy, and heart surgeries.  Although widely used, robotic surgeries present advantages and disadvantages.

Some advantages of robotic surgery are that most procedures are simpler, minimally invasive with less pain and scarring, as incisions are smaller than those in traditional surgery. Recovery periods are generally shorter as healing is faster, so hospital stays are shorter, by about 50%, than those associated with conventional surgery. However, some studies have shown that recovery times for laparoscopic prostate surgery are about the same for both traditional and robotic surgery, with no real improvement in functional outcome, i.e. impotence or urinary functions.

While there are distinct advantages to robotic surgery, there are several disadvantages patients should understand. First, there is a good deal of time required for a surgeon to master the technology involved with robotic surgery: there is a steep learning curve. The high cost of buying and operating the equipment, $1million and up, makes these devices unaffordable to smaller hospitals, and the cost of a surgery may be higher than a conventional procedure. There is less space for health care professionals to assist in the operating room, as the cart holding the device occupies a good deal of space.  Finally, some surgeons feel hindered by the lack of tactile sensation, as the natural feel of operating is lost.

While health care facilities and manufacturers of robotic devices are heavily promoting robotic surgery, more research is needed to compare the benefits of conventional vs. robotic surgery. Patients should educate themselves about the risks and benefits of each type of surgery and chose a physician who has performed many procedures using robots.

FDA: Increased Risk of Rare Cancer Linked to Breast Implants

Tuesday, February 8th, 2011

The Food and Drug Administration (FDA) has issued new advice for breast implant recipients: there may be an association between both silicone gel-filled and saline breast implants and anaplastic large cell lymphoma (ALCL), a rare form of cancer.  ALCL is lymphoma, a type of cancer involving the cells of the immune system, not to be confused with cancer of the breast tissue.  Breast implants are placed in the body behind the breast tissue or under chest muscle. Over time,  a scar capsule forms around the implants separating it from the rest of the breast.  Breast implant recipients should understand that they may have a small but significant risk of ALCL developing in the scar capsule adjacent to the implant. Of the 34 cases reviewed, the median age of  patient was 51, with the youngest 28 and the oldest 87. In the study, 24 silicone and 7 saline implants were involved. Three implants were unspecified. The review looked at the time frame from implant placement until diagnosis of ALCL, which ranged from 1 to 23 years, with 8 years being the median. However, until there is a large, comprehensive study, there is insufficient evidence to suggest that the fill of an implant (saline versus silicone) or the texture of an implant (smooth versus textured) increase a woman’s risk of developing ALCL.

Most cases reviewed by the FDA were diagnosed after patients experienced pain, lumps, swelling or asymmetry that developed after their surgical site around their implants were fully healed. Their symptoms were attributed to a collection of fluid, hardening of the breast area around the implant or masses surrounding the implant. When the fluid and capsule around the breasts of these patients were examined, a diagnosis of ALCL was made.

The physicians and researchers at the FDA advise women with implants to be vigilant in monitoring their breasts for any changes and to continue to receive regular breast screening evaluations. While the FDA is not recommending that women who are having no symptoms remove their implants or seek immediate medical attention, those with silicone gel-filled implants should get periodic MRI’s to detect ruptures.

Injured? Read About How to Obtain the Maximum Settlement Plus Benefits

Tuesday, February 8th, 2011

The United States Justice System is among the best in the world. If you, a friend or your loved one has been seriously injured by a corporation or person, and you are unable to reach a settlement, generally you or your loved one will receive a just result in our court system.

A key component to receiving fair compensation is choosing an experienced personal injury lawyer who has the resources and commitment to represent you. Personal injury refers to both psychological and physical injuries that a person suffers as a result of someone’s negligence, their intentional actions, or strict liability. Negligence simply means failing to act as a reasonable or careful person or business would act under the same or similar circumstances. For example, if you are injured in an auto accident, caused by a driver who was on the phone or texting while driving, then you would suffer personal injury as a result of that driver’s negligence. Intentional actions refer to a person who purposefully and deliberately sets out to harm another individual, such as in an assault. Strict liability means that an individual or corporation may be held financially responsible if they produce, sell or distribute a defective or unsafe product that kills or injures someone.

While these scenarios may or may not also result in criminal charges brought against the offending party, generally they result in civil penalties. Civil penalties may include compensation for lost wages and medical bills as well as money damages for pain and suffering.

Types of Personal Injury Cases:

Car, Truck and Motorcycle Accidents

Construction, Industrial and Work Place Accidents

Hospital and Medical Error

Nursing Home Negligence

Defective/Unsafe Products

Airplane & Cruise Ship Accidents

Not All Attorneys are Equally Qualified to Handle Personal Injury Cases

In order to prove your case in a court of law, you must be able to show that your injury was caused by the negligence of another party. The personal injury lawyers at the Law Offices of Henry Hanflik will help you to determine if you have a valid claim. After your case is carefully analyzed and evaluated, our attorneys will discuss with you the best course of action to follow. Filing a law suit may not always be in the best interest of the client. Virtually every case handled by the Law Offices of Henry Hanflik is on a contingency basis; that means our office advances the costs necessary to handle your claim.  A fee is charged only when we make a recovery on your behalf.

Call us now for a free case evaluation at 810-720-4000 or toll-free at 888-905-4632.

Stomach Acid-Reducing Drugs Pose Serious Risks

Friday, January 14th, 2011

Before you pop another Nexium, Prilosec, Protonix, Losec, Zegerid, Prevacid or omeprazole, you might want to weigh the risks and benefits of taking such medications, known as proton pump inhibitors. These drugs are widely used to treat excess stomach acid, including ulcers and acid reflux disease. But in a report published in the Archives of Internal Medicine, doctors warn of the possible dangers to patients who use these drugs:

1. Proton pump inhibitors may increase the risk of bone fractures. A study of 130,000 women by researchers at the University of Washington showed a 25% overall increased risk of fractures in women prescribed these medications.

2. Records of 100,000 patients, discharged from hospitals over a five year period, were studied by doctors at Beth Israel Deaconess Hospital in Boston. They found that patients taking proton pump inhibitors were more than twice as likely, than patients not prescribed the drugs, to develop Clostridium difficile, a hard-to-treat infectious disease which tends to crop up in hospitals. This disease can cause diarrhea and severe complications, such as bowel perforation.

3. Proton pump inhibitors have been linked to increased risk of developing pneumonia. These drugs, which suppress acid in the stomach, might promote different types of bacteria growth in the gastrointestinal and respiratory tracts: those bacteria may cause pneumonias.

Some physicians believe that proton pump inhibitors are over-prescribed, and for many patients the adverse effects outweigh the benefits. Patients who are treated with these drugs for simple heartburn should understand the dangers of these drugs, try to make well-informed decisions and consult with their physicians.

Are Calcium and Vitamin D Supplements Necessary for Good Health?

Friday, December 3rd, 2010

Over the last few years, many doctors have been recommending their patients take extra calcium and vitamin D for optimal health. However, a panel of experts at the Institute of Medicine (IOM), an independent, non-profit organization, now say in most cases, calcium and vitamin D supplements are unnecessary. In fact, too much of these supplements may put older women at risk for kidney stones and put some some patients at risk for heart disease, cancer and autoimmune diseases. Vitamin D is being added to more and more foods and beverages, including breakfast cereals, milk and orange juice. However, most people do not get enough vitamin D from their diets, but have enough of it in their blood. Our bodies make the vitamin naturally, after exposure to the sun, and store it for later use. The experts at the IOM assumed minimal sun exposure to reduce the risk of skin cancer to establish the minimum daily requirement of around 400 IUs of vitamin D per day. Adults 71 and older may need up to 800 IUs due to age-related changes in their bodies. The recommended intake for infants varies from 200 to 400 IUs per day, depending on the age of the child. As for calcium, the IOM found that most people are receiving adequate amounts. They recommend, on average, children aged 1-3 need 500 milligrams per day and children 4-8 need 800. Adolescents and men and women over 71 require 1300 milligrams and 1000 milligrams, respectively.

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Hospital Negligence, Ignorance Causes Thousands of Infection-Related Deaths

Wednesday, July 14th, 2010

An estimated 80,000 people are infected each year in American hospitals with catheter-related bloodstream infections: 30,000 die from these infections. According to a recent survey of medical professionals, most of these infections are preventable. However,  infections continue to plague hospitals because hospital administrators do not understand the significance of the problem and have not committed adequate resources and attention to implement basic procedures to reduce the infection rate. Basic procedures include hand washing, cleaning a patient’s skin with an effective antiseptic, using sterile drapes, clothing, masks, gowns, gloves and dressings. (7/13) Washington Post

Are Surgery Centers as Safe as Hospitals?

Sunday, June 13th, 2010

Findings in a new federal study published in the Journal of the American Medical Association would suggest that surgery centers may not be as safe as hospital operating rooms. The study found that patients who have procedures, such as colonoscopies, foot surgeries and plastic surgeries, at same-day surgery centers are at higher risk for getting infections. The majority of clinics involved in the study violated the basic fundamentals of infection control, such as washing hands, wearing gloves and reusing devices meant for a single use. Lax infection control practices may pervade the nation’s outpatient surgery centers. (6/8) NY Times

Patient Safety IQ: Test Your Know-How

Monday, April 26th, 2010

The Joint Commission is offering an on-line patient safety quiz to encourage consumers to take more responsibility for their own health and safety. The quiz  covers topics such as avoiding mistakes with medications, what you should do prior to a surgery and your rights as a patient. The Joint Commission is a a private, non-profit organization that operates accreditation programs for hospitals and other healthcare organizations. Take the quiz at: Joint Commission

Jury Awards Millions Against Nursing Home and Hospital

Wednesday, March 24th, 2010

Two weeks after awarding $1 million in compensatory damages to the widow of a man who died from bedsores, a Philadelphia jury leveled  $5 million in punitive damages against the same nursing home and hospital because they failed to diagnose and properly treat a urinary tract infection, leaving the man vulnerable to developing bedsores. Workers at both the hospital and nursing home allowed the bedsores to fester and their patient to become malnourished. Two years later the man died from the bedsores. The case is unusual since it may be the first nursing home verdict that awarded punitive damages. In order for a jury to award such damages, the jurors must determine that a facility engaged in “outrageous and reckless conduct.” (3/18) Philadelphia Inquirer

Warning Issued, Phasing-out of Hip Implant

Monday, March 15th, 2010

De Puy Orthopaedics, a division of Johnson & Johnson, has issued a warning to physicians about the high early failure rate of its hip implant device, known as the ASR, just months after announcing plans to curtail sales of the product by year-end. Some physicians say that De Puy did not act quickly enough as hundreds of affected patients have undergone painful and expensive follow-up surgeries to replace the ASR within a few years after the initial procedure. The ASR, a metal-on-metal implant, is one of several under scrutiny because they can generate metal fragments, causing inflammation and damage to muscles and tissue. Some experts believe design flaws in the De Puy implant are at the root of the device’s problems. (3/9) NY Times