A California judge has ruled that Ed McMahon may proceed with his lawsuit against Cedar-Sinai Medical and two doctors over claims that they failed to diagnose and treat injuries suffered during a fall last year. McMahon is seeking a jury trial on allegations of negligence, elder abuse, battery, fraud and intentional infliction of emotional distress. The hospital had challenged the legal basis for McMahon’s claims. Anthony McCartney, USA Today 09/23/2008

Hospitals in Pennsylvania and New Jersey are failing to report serious medical errors to state agencies, the Philadelphia Inquirer reports. Regulators cite several hospitals that have not reported any preventable errors in the past year, a sign to some that internal oversight is lacking. Advocates say that more transparency among hospitals and regulators is necessary to improve patient care. John Goldstein, Philadelphia Inquirer 09/12/2008

Hospitals routinely fail to provide emergency room patients with adequate information to care for themselves upon discharge from the hospital, according to a recently released study. Researchers say that confusion among patients about self-care leaves patients at risk for medication errors and serious complications. Other studies have produced similar results with non-emergency room patients and Medicare recipients. Laurie Tarkan, The New York Times 09/15/2008

Acting Surgeon General Dr. Steven Galson announced a new government campaign aimed at informing patients and doctors about the symptoms of blood clots. The campaign estimates between 350,000 and 600,000 Americans suffer from a deep vein thrombosis or pulmonary embolism each year, and more than 100,000 will die annually as a result. The campaign targets not only the public, but also doctors, which studies suggest overlook a third of surgery patients that should receive preventative blood thinners. Lauran Neergaard, Chicago Tribune 09/15/2008

According to a U.S. Government Accountability Office report released this summer, Texas is the only state among the 14 states reviewed that does not investigate deaths of disabled patients in home or community care settings that are attributed to “natural causes.” Advocates for the disabled say this leaves them at risk of death due to neglect or abuse, without any oversight in place. The state says that it has instituted new procedures in wake of the report. Emily Ramshaw, Denton Record-Chronicle 09/14/2008

Calling a $100,000 medical malpractice award for pain and suffering “grossly insufficient and a miscarriage of justice,” a New Jersey state appeals court ordered a new trial to determine those damages, but let the $800,000 award for economic damages stand. Maureen Walsh endured seven surgeries and ultimately had most of her leg amputated at the age of 50. Based on life expectancy charts, the $100,000 award translated to only $8 a day for the rest of her life. Mary Pat Gallagher, Law.com 08/25/2008

The Justice Department has subpoenaed Johnson & Johnson as part of a broader investigation into the marketing of bile duct stents by the company and several of its competitors. The Justice Department hopes to determine whether the company has marketed the devices for unapproved uses. Boston Scientific and Abbott have also been asked to cooperate in the investigation. Bloomberg, The New York Times 08/05/2008