At the Intersection of Law and Medicine

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Because my other dream job was to be Ms Brightside, MD.

This lens covers the convergence of two of the topics I geek out about the most: law and medicine. When I was a teenager I really thought I might want to go into medicine, and even had some amazing experiences observing various surgeries and interning for doctors. As I started considering the parts of law that I'm most interested in, medicine eventually came up, of course. I can't believe I didn't think of it sooner. Just as a warning, this lens may not be for the faint of heart! But if you're looking for some information on a medical law issue, or if you just find this info as fascinating as I do, please read on.

Dangers of Z-Pak

I know that I have been prescribed Zithromax, commonly known as Z-Pak, multiples times in my life, which is why I was especially surprised when I came across this page reporting that a new study in the New England Journal of Medicine has claimed that patients prescribed Z-Pak are 2.5 times more likely to experience cardiac death than patients who were given another antibiotic or no antibiotics at all.

Since this is a relatively new study, there are a lot of parties looking into these results, including the FDA, but reports seem to indicate that these dangerous effects are more likely to affect individuals who have existing heart conditions or complications. If you have heart problems you might want to talk to your doctor before taking Z-Pak, and if you lost a loved one to cardiac death and you believe that it might be for Z-Pak related reasons, you should explore your legal options.

The Truth About Pitocin

Modern medicine has so many life-saving innovations, including drugs, equipment, and techniques. Major medical procedures like giving birth are so safe compared with even just a few decades ago. However, one issue that can never be completely accounted for in medicine is that of humans making mistakes. Even with all the best practices and life-saving technology, babies and mothers still are seriously injured or die in the birth process.

One of the drugs that can either save lives or put them in danger depending on whether or not it is used safely is Pitocin. Pitocin is used to induce labors when doctors feel that they are too long or too difficult. However, it can cause the following problems if misused:

-- Critical vital signs for mother and child

-- Oxygen deprivation for baby

-- Internal hemorrhaging in the mother

-- Ruptured uterus

It seems to me like inducing labor should be a significant concern for every expectant mother. Make sure to talk through all the possible effects of inducing labor with your doctor if he or she recommends it. And if you've already given birth and your doctor used Pitocin, and you or your child suffered an injury due to that decision, I'd suggest checking out the site of the Philadelphia birth injury lawyers. I used this page from Lowenthal & Abrams, P.C. to research the effects of Pitocin, and they have many other informative articles if you're interested in researching birth injuries.

News about Medical Malpractice

A family's pain and a medical malpractice suit
And if the allegations of negligence are correct, it would naturally raise questions on whether the system intended to police doctors served Rooks here. Or none of this might happen. Such are the vagaries of medical malpractice lawsuits.
Brain-Damaged Woman Wins Suit Against City Hospitals
The award is among the largest ever issued for a medical malpractice verdict in the state. The ruling allocated primary responsibility to two city hospitals: 50 percent to Jacobi Medical Center in the Bronx, and 40 percent to Kings County Hospital ...
Satyamev Jayate: Episode 4 deals with medical malpractice
The fourth episode of Satyamev Jayate dealt with medical malpractice. Aamir Khan's show had earlier dealt with burning issues like female foeticide and child sex abuse which had actually seen a somnolent government pass the child sex abuse bill and ...
Most medical malpractice claims litigated, but few go to trial: Study
Most medical malpractice claims lead to litigation, but a majority of these are dismissed, and more than three-quarters of the relatively few against specialists that lead to a trial verdict are resolved in the physician's favor, says a new study.

DUEL: Would you file a lawsuit?

If you were significantly injured or disabled by medical malpractice, would you file a lawsuit? This assumes that someone else was responsible and that they do not give you a reasonable offer of restitution.

Would you take legal action?

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Yes -- it's only right that I be compensated for my losses, and maybe it'll keep other people from suffering the same fate.

hornsbyontherange says:

It really depends on how badly I was hurt, but if it was even sort of significant, I probably would

No -- it's better to just move on with your life.

 

Because Information is Power...

I haven't read these titles, but if you've been a victim of medical malpractice, they might help you figure out how to proceed. I think it helps to learn as much as you can about your situation, which is why I'd also recommend getting a free consultation with an attorney. It's easy for us to make a lot of assumptions about what it would be like to participate in a lawsuit or work with a lawyer, but this could be helpful in many ways, and you may be surprised how helpful the process can be.
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FDA Considering Transvaginal Patch Warnings

Unless you're a medical professional or have or know someone who has a transvaginal mesh patch, you may not have ever heard of them. They're used in instances of pelvic organ prolapse to support weak connective tissue. Apparently, thousands of women have experienced serious complications after having these surgeries, including bleeding, pain, and severe infections.

You can read more about the complications here. I'm personally shocked to read that a device that was used so frequently, with such poor rates of success was allowed to be continued for many years. I haven't found updates on the FDA's decision on this, but am looking. It seems like these devices should be fully recalled to me. Hopefully doctors are at least paying attention and giving patients proper notification of the risks of their use.

Handling Repetitve Motion Injuries

A repetitive motion injury is just a wordy phrase that means you get injured by performing the same action over and over. In most cases, people with these injuries do something for work or fun almost every day for a long period of time. Unfortunately, individuals usually depend on these activities either for their livelihood or for a sense of purpose or as an important form of exercise or recreation. When repetitive motion injuries come up, it can be really tough, because individuals have to put things like work or important activities on hold.

Since lots of these injuries mean work has to be stopped, decreased, or changed, people who got the injury at work may be able to file for workers' compensation benefits. Some companies help employees get this done, but often it's a difficult process and many valid claims are turned down due to minor paperwork errors in filing. I can't imagine the frustration of that, especially if you're trying to deal with an injury and getting better.

The main things I learned about dealing with this type of injury is that it is important to seek medical attention -- the sooner, the better. Also, if your repetitive stress injury has to do with work, it's likely in your best interest to contact a workers' compensation attorney to make sure that you get your needs met in a timely manner.

I used this article from the Chicago injury lawyers of Friedman & Bonebrake, P.C. to inform my opinion on repetitive motion injuries.

Chemical Burns

The (perhaps surprising) when, where, and who of this serious injury

Most of us hear "chemical burn" and think of laboratories or big chemical plants. I know I do. My dad is an engineer, and something about working with all those dangerous products in what sometimes amounts to giant tanks and pressure cookers has always been a bit unnerving to me.

However, the truth is that chemical burns can happen anywhere, any time, to anyone -- as long as there are chemicals around and someone is unsafe with them in some way. Hospitals, schools, stores -- these are all places where people might be harmed by chemical burns. Tens of thousands of these cases occur each year, many of them preventable. Of course, usually those responsible did not intend to act in a way that harmed someone, but it seems like so many people have accepted that it's OK to cut corners and disregard regulations in order to save time and money these days. Sure, they probably don't intend for others to suffer -- we just seem to be stuck thinking that nothing serious will happen just because of a simple shortcut we take.

Do You Have Advanced Directives?

I think advanced directives are one of the most fascinating legal issues in medicine, and one of the most empowering. No, most of us don't like thinking about being in the situation of needing advanced directives, but if you did need them -- wouldn't you be happier knowing that your wishes would be honored in those situations? Also, if you have your wishes in place before any serious medical problems occur, your family and friends can be at ease knowing that they are definitely honoring your wishes, rather than trying to guess what you want. Most of us can *probably* guess what a loved one would want in a particular emergency situation, but having to actually make that call can be extremely stressful.

Putting together advanced directives doesn't have to be too difficult. I love these tips on how to share your advanced directives with loved ones.

Share below as to whether you have advanced directives and what you think of them.

No, I don't have them, and I'm not really interested.

0 points

I don't think I'll need those until I'm really old.

0 points

Maybe I should write some, but it's so stressful.

0 points

I know what I'd want, but I just never get around to putting the document together.

0 points

I think my family could figure it out for themselves.

0 points

I trust the doctors to make the right decision without my help.

0 points

I don't have them, but I'm going to get some!

0 points

Yep, I've put some together!

0 points

Changes to EMTALA?

EMTALA is an important bill that requires hospitals and clinics to treat people in emergency situations no matter their needs or abilities to pay. If you aren't familiar with it, you can read more on EMTALA in this article.

However, it now looks like there may be some changes to the part of the bill that requires medical professionals to provide emergency care to women in labor. This comes down to an abortion issue -- if women can only be saved by an emergency abortion, what should hospitals do?

Here at The Intersection of Law and Medicine, I don't like to come down on one side or the other when it comes to contentious political issues. I will just say that I think that this is an important piece of legislation that we all need to be aware of. I'd encourage you to get in touch with your senators to encourage them on how to vote for the bill, and if you wonder how this might affect your hospital or clinic if you are a medical executive, talk to with an experienced business attorney today.

Latex Allergies Explained

Maybe one of the reasons that I'm so fascinated by medical issues is that I have so many medical quirks. One of those is an allergy to latex. I first noticed as a kid that I often got swollen welts if I used band-aids. More recently, I worked as a personal care assistant, and after using latex gloves for months, one day my hands exploded in hives when I got home. It was really painful, and kind of gross -- by the next morning, my skin was dry and cracking open.

There are two main types of latex allergies: the kind that I have and the more dangerous type which can lead to anaphylactic shock. I was suprised in reading that article I just linked to that the type I have can actually *develop into* the more serious type -- scary! So, like many Americans, I have to avoid latex as much as possible.

Unfortunately, latex is used in tons of medical supplies, making it easy for someone to experience a reaction in a hospital or doctor's office. Sometimes this happens because no one knew about the allergy -- like with me and the gloves. However, sometimes doctors have been warned, but behave negligently by not paying attention to a patient's history or forgetting that a product contains latex. As small as this error may seem, it can be life-ending.

Please leave me a note!

I love hearing from you -- whether you've got a question, comment, or think I've gotten something wrong. Or just say hi!

  • eormsby May 24, 2012 @ 4:36 pm | delete
    Good to see some honest, unbiased stuff about medical malpractice! keep up the good work
  • MsJanet May 24, 2012 @ 11:09 am | delete
    Great lens! I'm really interested in legal issues, too, and I love the approach you take on a lot of your lenses (I've visited a couple today!).
  • survivoryea Jan 28, 2012 @ 6:16 pm | delete
    Good lens with some important information.
  • NevermoreShirts Oct 22, 2011 @ 4:04 pm | delete
    Awesome lens!
  • JoshK47 Oct 22, 2011 @ 4:00 pm | delete
    Great information! Wonderful work on this lens.
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MsBrightside

I've always been interested in legal topics -- even considered law school seriously enough to take the LSAT. Then I listened to my friends who were la... more »

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