Updates and Insights: Medical Malpractice

FDA Warns Against Prescribing Opioids and Sedatives in Combination

Sep 24, 2016

The Food and Drug Administration (FDA) has recently required more effective warnings about the potentially lethal consequences of combining prescription painkillers and sedatives. This announcement followed the filing of a petition by health directors of 16 states and 12 cities, resulting from a concern about the increasing occurrence of overdose of prescription painkillers. The FDA has been the subject of much criticism for its failure to react in response to the rapid increase in opioid-related...

Opioid Abuse, Prescription Negligence, and Medical Malpractice in New Jersey

Jun 17, 2016

Prescription medications have changed our lives for the better in so many ways, curing illness, fighting infection, managing symptoms, and alleviating pain. However, many of these powerful pharmaceuticals also present a significant threat of abuse, taking hold in our society and claiming thousands of lives every year. The death of high-profile people and celebrities due to prescription overdose has catapulted this issue into the public discourse; however, the incidence of abuse and death due to pharmaceuticals has...

New York Lawmakers Consider Extending Statute of Limitations for Medical Malpractice Lawsuits

Jun 3, 2016

Lawmakers in New York State are currently considering a piece of legislation that would significantly alter the statute of limitations for victims of medical malpractice. Currently, patients are required to bring medical malpractice claims within 2 1/2 years of the date that the alleged medical malpractice occurred. This new bill would dramatically increase the statute of limitations, beginning the time frame when the patient first suspects that he or she may have suffered harm as a...

Medical Malpractice and Lack of Informed Consent in New Jersey

Apr 15, 2016

Medical malpractice occurs in a myriad of forms: during surgery, during childbirth, in hospitals and emergency rooms, with medication, in children, adults, and the elderly. The variety of actions (or lack thereof) that may constitute medical malpractice is similarly variable, including misdiagnosis, failure to diagnose, delayed diagnosis, failure to treat, prescription errors, and many more. Among the many forms of medical malpractice that cause undue harm to patients, one such form that is often overlooked is...

New Study Examines Medical Malpractice Claims Against Anesthesiologists

Feb 19, 2016

According to a newly released study, there has been a significant reduction in the number of medical malpractice claims brought against anesthesiologists in the last decade. Although the study reported an overall decrease in the number claims against anesthesiologists, there is a striking difference between the frequency of claims in inpatient versus outpatient settings. The aforementioned study, entitled “Comparison and Trends of Inpatient and Outpatient Anesthesia Claims Reported to the National Practitioner Data Bank,” was presented at the latest Annual Meeting of the...

New Survey Provides Insight into Medical Malpractice in the U.S.

Jan 1, 2016

A recent report outlines the results of a survey involving nearly 4,000 physicians from a variety of specialties, including primary care physicians, OB-GYN’s, and surgeons. The survey investigated the prevalence of medical malpractice lawsuits against these healthcare professionals, as well as the leading forms of negligence claimed in the suits brought against them. The recent report was generated by Medscape, a part of WebMD Health Professional Network that provides current medical information and educational tools to those in...

Malfunctioning Mobile Medical Apps May Lead to Product Liability Claims

Dec 11, 2015

With the constant development of new technologies that supplement our lives, applications (often referred to as “Apps”) have become increasingly common, allowing us to accomplish a variety of tasks ranging from purchasing our coffee to finding directions to the nearest hotel or restaurant. It is not surprising, then, that monitoring our health has become easier than ever, with Apps such as Fitbit and MyFitnessPal helping us to regulate everything from calories consumed to steps taken, all from the...

New Jersey Supreme Court Makes Landmark Decision Regarding Doctors with Insufficient Medical Malpractice Insurance Coverage

Oct 1, 2015

Can You Sue an Uninsured Doctor in NJ? In a landmark decision made by the New Jersey Supreme Court recently, justices barred medical malpractice victims from bringing direct cause of action lawsuits against physicians who treat them without adequate medical malpractice insurance. Further, the Court ruled that a physician’s failure to inform a patient of his or her lack of insurance does not represent a violation of the informed consent doctrine. Although this two-fold decision spells significant implications for victims...

New Jersey Hospitals Falling Behind In Fighting Infections

Feb 26, 2015

Despite some improvements, infection rates remain higher than national rates Although New Jersey hospitals have reduced rates of infections in some instances, a recent report by the Centers for Disease Control and Prevention (CDC) shows that much work still needs to be done. According to NJ Advance Media, the report found that some infection rates at many acute-care hospitals in the state remain well above the national average. The report follows recent efforts by the...

Legal Options For Families Who Suffered Medical Error During Pregnancy Or Delivery

Feb 6, 2015

Many birth defects are preventable or detectable early in pregnancy. January was National Birth Defect Awareness Month. The goal of the awareness campaign was to help expecting mothers take measures to prevent birth defects and provide support for parents who have a newborn facing immediate and lasting challenges. Birth defects are a large problem in America. According to the Centers of Disease Control and Prevention, one in every 33 babies is born with a birth...