Articles Posted in Medical Malpractice

crockpotrecall-300x146Americans may need to redouble the care they take as they cook their meals, with safety experts reporting a spike in burn cases, including for kids, and a major manufacturer recalling hundreds of thousands of Crock-Pot multi-cooking devices.

Burns can be painful, disfiguring, and not the easiest of wounds to care for, experts say, emphasizing the importance of avoiding the injuries, especially of the severe kind.

But with Americans urged by public health officials to help curb the coronavirus pandemic’s harms by staying at home as much as possible, families have found recreation and relief in preparing foods in kitchens where novices may be less than familiar with risks. As the Washington Post reported:

covidnrsnghomenovdeaths-300x149While untold Americans tried to do right by older and more vulnerable friends and family members by taking extra precautions and even canceling Thanksgiving gatherings, the nation crossed a ghastly threshold for the aged, sick, and injured in late November: The coronavirus has killed at least 100,000 residents and staff in nursing homes and other long-term care facilities.

The number of deaths is likely under-reported in federal and other data sources, as several states lag in providing information about problems in the facilities. The deaths of those institutionalized also is spiking as Covid-19 cases have, too, from coast-to-coast. “Community spread” poses grave risks to those in institutions.

If these figures are not already bleak, the Wall Street Journal reported that its research finds that there also are “more than 670,000 probable and confirmed Covid-19 cases in long-term care, affecting both residents and staff members.”

covidhospitalsnov-259x300As the winter of 2020-21 descends, the coronavirus pandemic is raging, unchecked, from coast-to-coast while the folks in control of the federal government sulk and seem to have checked out from their governing roles.

The numbers likely are understated.  But roughly 265,000 Americans have been killed by the Covid-19 virus and more than 13 million of us have been infected with it. Records are falling left and right, as reported cases skyrocket daily — from thousands, to tens of thousands, and now to more than 200,000 per day. The number of new cases in November alone jumped past 4 million, compared with the October record of 1.9 million.

A significant goal of public health battles with the coronavirus — to prevent the U.S. health system from getting overwhelmed with cases, slashing at all medical services and not just Covid-19 treatment — is under major threat. That’s because the nation is busting records on coronavirus hospitalizations, sitting at 90,000 patients and heading toward the fearsome number of 100,000.

britroyals-150x150chrissyandjohn-150x150Two women with significant star power have opened up to the public about a rarely discussed experience — that, even in contemporary times, pregnancies do not all go well and that parents who lose a pre-term child suffer a shattering grief that others should recognize and seek to help them with.

It may be a sad symptom of social media and celebrity itself that controversy and criticism also has greeted the deeply personal disclosures by Chrissy Teigen, a superstar model, chef, and wife of acclaimed entertainer John Legend, and Meghan Markle, aka the Duchess of Sussex, and the American-born actress and biracial wife of Britain’s Prince Harry.

Markle wrote a heart-felt Op-Ed for the New York Times, describing the overpowering sadness she and her husband shared after she miscarried their second child:

oighhslogo-150x150Buh-bye? Arrivederci? Sayonara? Can it be that the coronavirus pandemic puts an end to one of the disgraceful ways that Big Pharma and medical device makers push their wares on all-too malleable doctors — with big-money speaker programs?

The inspector general’s office of the giant federal Health and Human Services (HHS) agency has warned drug- and medical device-makers that these pandemic-paused marketing shams should not resume. The $2 billion that industry players have forked out for the in-person gab fests in the last three years looks sketchy at best to federal watchdogs and prosecutors, the HHS inspector general warned in a rarely issued “special fraud alert.” It reported this:

“The Office of Inspector General (OIG) and Department of Justice (DOJ) have investigated and resolved numerous fraud cases involving allegations that remuneration offered and paid in connection with speaker programs violated the anti-kickback statute. The Federal government has pursued civil and criminal cases against companies and individual [health care providers] involving speaker programs … Our enforcement experience demonstrates that some companies expend significant resources on speaker programs and that some [health care providers] receive substantial remuneration from companies. This Special Fraud Alert highlights some of the inherent fraud and abuse risks associated with the offer, payment, solicitation, or receipt of remuneration related to company-sponsored speaker programs.”

bruinlogo-150x150The University of California has offered to pay $73 million to settle with 5,000 women their class-action lawsuit asserting a staff gynecologist sexually abused them during medical procedures. This is yet another big case involving claims of years of widespread and sordid professional misconduct that somehow went undetected at a major institution, which has acknowledged it reacted poorly when confronted with a problematic clinician.

The proposed settlement still requires the sign-off of a federal judge, and it may not go through if more plaintiffs decide against joining this deal, as lawyers in Los Angeles have said they will not.

James Heaps, 67, a one-time gynecologist who is at the center of the scandal at UCLA, also still faces criminal charges for his actions during his 1983-2019 career at the university, in its student health center and at its medical center. The Los Angeles Times reported that the doctor was first arrested  in June 2019 for sexually touching two patients in 2017. But then:

With the pandemic  tearing through the United States and overwhelming U.S. health care system,  we pause from the grim news to tally  some of the nation’s blessings in this time.

We can be thankful for the courage, fortitude, dedication, and skill of an army of health workers of all kinds. They have put themselves and their loved ones at formidable risk and strain to treat patients under unprecedented duress. They have dealt with fear and uncertainty, giving little quarter, and approaching their own breaking points. Some health workers have themselves fallen ill, with some dying. Their sacrifices cannot be forgotten, and we need to give sustained and extra support to health workers as the pandemic enters its next perilous phase.

srabuse-150x150The coronavirus pandemic’s terrible toll on nursing homes and other long-term care facilities may be much worse than now estimated, as resident advocates, watchdog groups, and experts  tally “excess deaths” in the facilities — perhaps one additional casualty beyond any two formally attributed to Covid-19.

These fatalities are unacceptable, resulting from frantic and low-paid health workers’ inability to care for the aged, injured, and chronically ill infected with the coronavirus while also dealing with the needs of people so frail they require institutionalization. It’s tough reading, but here is what the Associated Press reported:

“As more than 90,000 of the nation’s long-term care residents have died in a pandemic that has pushed staffs to the limit, advocates for the elderly say a tandem wave of death separate from the virus has quietly claimed tens of thousands more, often because overburdened workers haven’t been able to give them the care they need. Nursing home watchdogs are being flooded with reports of residents kept in soiled diapers so long their skin peeled off, left with bedsores that cut to the bone, and allowed to wither away in starvation or thirst.

docofficegoogle-300x188A federal criminal case concluded with felony convictions for a Virginia gynecologist. But the questions are only now beginning as to how a doctor could have caused so many women so much harm for so long without other clinicians, hospitals, administrators, insurers, and regulators stepping in to stop him.

As the Washington Post reported, jurors took 2½ days to convict Dr. Javaid Perwaiz on 52 counts in what prosecutors alleged was his years of defrauding insurance companies by performing life-altering hysterectomies and other unneeded surgeries on women patients. He is scheduled to be sentenced in March, facing a maximum sentence of 465 years imprisonment.

His conduct, condemned and proven by prosecutors in a trial that ran for weeks, included “performing diagnostic procedures with broken equipment and scaring patients into surgery by falsely claiming they had cancer,” the newspaper reported, adding:

apnursinghomesurgechart-270x300Coronavirus cases are spiking among residents and staff at nursing homes and other long-term care facilities. They increased four-fold between May’s end and late October — even as deaths among the vulnerable also doubled, disturbing new data show.

Those are the findings of Rebecca Gorges and Tamara Konetzka, University of Chicago researchers who analyzed federal data at the request of the Associated Press. They focused on 20 states hard hit by the latest pandemic surge.

Konetzka said the data raise major questions about the Trump Administration’s efforts to safeguard the aged, ailing, and injured in institutional care by sheltering them from infections in their surround areas and increasing testing for residents and health workers. But Koentzka, an expert on long-term care, told the AP this about such a plan:

Patrick Malone & Associates, P.C. listed in Best Lawyers Rated by Super Lawyers Patrick A. Malone
Washingtonian Top Lawyer 2011
Avvo Rating 10.0 Superb Top Attorney Best Lawyers Firm
Contact Information