Confidential Settlement on Behalf of a Fort Lee, New Jersey Man Sustained Nerve Injury During Root Canal Procedure.

The plaintiff underwent a root canal procedure in anticipation of a crown and eventual bridge. During the root canal sodium hypochlorite leaked into the plaintiff’s gums destroying tissue in the area of the buccal mucosa and eventually causing nerve damage.

Sodium hypochlorite is used to clean and disinfect the canals of teeth during endodontic procedures. It is caustic and it destroys tissue if it escapes the confines of the tooth.

The plaintiff experienced pain in the buccal mucosa in the area where the defendant dentist was performing the root canal procedure. The defendant stopped the root canal procedure and placed a temporary filling in the tooth when he noticed that a white lesion was forming in the gums. At the time, he was unaware that hypochlorite caused the injury. When the plaintiff returned a week later, however, the defendant saw additional significant tissue damage and concluded that hypochlorite leaked out of the tooth he was working on.

The plaintiff’s oral surgeon expert opined that the hypochlorite leaked from the tooth in one of two ways. First, there was a very small hole near the crown of the tooth that the substance could have escaped from. Second, the dentist could have caused a small hole in the root of the tooth he was working on when he was attempting to file down the canal. During discovery, the defendant indicated that he did not utilize a dental damn during root canal procedures. This could have allowed the hypochlorite that leaked out of the hole near the crown of the tooth to travel down to the buccal mucosa.

As a result of the injury, the plaintiff has a permanent sensation of numbness in his lower lip. The case settled after it was assigned to trial in Bergen County, New Jersey.

Confidential Settlement on Behalf of Hackettstown, New Jersey Woman Suffering an Injury to the Spinal Accessory Nerve

The plaintiff discovered a lump on the right side of her neck while showering. She consulted with her primary care physician who placed her on antibiotics for one week. When the lump did not go away, the plaintiff was referred for a CT scan, which was within normal limits. At that point, the plaintiff was referred to the defendant otolaryngologist.

The defendant ordered a second CT scan, which was also read as normal. Nevertheless, because a palpable mass was present and the defendant saw an abnormality in the pyriform sinus, he recommended a biopsy of the mass and a laryngoscopy.

The defendant performed an exisional biopsy and laryngoscopy. Within six weeks of the procedure the plaintiff could no longer lift her arms over her head. She went on to develop muscle wasting in her trapezius and eventually developed pain traveling down her right arm into her fingers.

Remarkably, when the defendant saw the plaintiff postoperatively he charted that he suspected an injury to the spinal accessory nerve. Nevertheless, he never advised the plaintiff of this fact, and she sought further follow-up care through a neurologist and spinal surgeon. The spinal surgeon recommended cervical fusion surgery. Fortunately, the plaintiff performed her own research and ascertained that she suffered an injury to her spinal accessory nerve during the lymph node biopsy.

Pre-suit research revealed that lymph node biopsies are a common cause of spinal accessory nerve injury. When an ENT suspects possible cancer because of neck adenopathy, accepted standards of care require that a fine needle aspiration biopsy be performed to avoid possible nerve injury. If a FNA biopsy is non-diagnostic, an excisional biopsy may be performed, but if the lymph node is in the area of the spinal accessory nerve, the nerve must be identified and preserved. The evidence established the defendant never attempted a FNA and never attempted to identify the spinal accessory nerve during the excisional surgery.

The defense hired an ENT who indicated that the defendant was not negligent because there was a possibility that the plaintiff might be suffering from Hodgkin’s lymphoma, and that condition cannot always be diagnosed with a FNA. This opinion, however, was not supported by the medical literature. The defendant also hired an orthopedic surgeon and a neurologist, who opined that the plaintiff’s postoperative problems were also related to cervical spine degeneration. This was contradicted by the records and the literature.

The case was resolved one week prior to the scheduled trial. The amount of the settlement is confidential.

Health Care Safety Index February/March 2016

Here are healthcare safety issues that have appeared in the news and medical journals throughout the last 60 days or so:

The American College of Chest Physicians issued new recommendations published in Chest indicating that oral anticoagulants including Apixaban, Edoxaban, Rivaroxaban, or Dabigatran are now the preferred agents for long-term anticoagulation in patients. The exceptions include patients who are pregnant, who have cancer or who have severe renal insufficiency.

In an article published in the New England Journal of Medicine, authors recommended that pregnant women scheduled to deliver between the 34th to 36th weeks of gestation by cesarean section receive a first course of antenatal corticosteroids to reduce the risk of adverse respiratory events in newborns.

The Society of Critical Care Medicine and European Society of Intensive Care Medicine issued new guidelines defining sepsis and septic shock.

In an article published in the Journal of Pediatric Orthopedics, the authors recommended an MRI to investigate the possibility of adjacent infections in pediatric patients suffering from septic arthritis. A threefold increase of an adjacent infection was present in patients with three or more of the following risk factors: age older than 4 years; symptoms longer than three days, C-reactive protein (CRP) greater than 13.8 mg/dL; platelets less than 314,000/microL; and absolute neutrophil count  higher than 8600/microL.

The FDA approved an intranasal naloxone spray (Narcan nasal spray) to reverse the effects of opioid overdose.

An article published in the Annals of Internal Medicine demonstrated that acupuncture is not effective in the treatment of hot flashes associated with menopause, although it may have a placebo effect.

A study published in JAMA Neurology suggested a possible link between proton pump inhibitors (PPIs) and risk of dementia in older adults.

The United States Multi-Society Task Force on Colorectal Cancer published new guidelines related to endoscopic surveillance for posttreatment colorectal cancer resection in Gastroenterology.

An article published in Gut concluded that Vonoprazan may be an effective option for H. pylori eradication in combination with antibiotics.

Healthcare Safety Index – January 2016

Here are healthcare safety issues that have appeared in the news and medical journals throughout the last 30 days or so:

The Centers for Disease Control and Prevention issued a recommendation that men with a pregnant partner should abstain from sex or use a condom if they live in or visited an area where mosquitos are spreading the Zika virus. Additionally, the CDC also recommended that pregnant women who have visited countries and territories plagued by the virus, mostly in Latin America, should be tested even if they do not exhibit symptoms of infection.

The Centers for Disease Control and Prevention recommended that hospitalized patients, patients with severe, complicated or progressive illness and patients at high risk for complications due to influenza be treated with antiviral medication irrespective of the outcome of rapid influenza diagnostic test results. The reasons for this are that (a) there have been reports of severe influenza with some deaths and (b) RIDT results have a high potential for false negatives.

A study published in Pediatrics found that exposure to beta-2 adrenergic agonists during pregnancy (used in asthma drugs) may increase the risk for autism spectrum disorders in children.

The American College of Physicians and the Centers for Disease Control and Prevention released a new clinical guideline on antibiotic use in adults with acute respiratory tract infections.Except for confirmed bacterial infections like streptococcal pharyngitis or acute bacterial sinusitis, antibiotics should not routinely be used.

Healthcare Safety Index December 2015

Here are noteworthy healthcare issues that have appeared in the news and medical journals throughout the last 30 days or so:

An article appearing in Pediatric Infectious Diseases concluded that it is reasonable to allow children treated with amoxicillin by 5:00 pm to attend school the next morning after diagnosed with streptococcal pharyngitis. Heretofore, a 24 hour wait-time following antibiotic treatment was the standard protocol.

New guidelines for the pharmacologic treatment of rheumatoid arthritis have been issued by the American College of Rheumatology which update and expand recommendations published in 2012.

The American Heart Association published updated guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care.

The US Preventive Services Task Force issued new recommendations for diabetes screening. Previously, the USPSTF recommended screening for diabetes in adults with hypertension, but now screening is recommended as part of a patient’s cardiovascular risk assessment in patients between 40 and 70 years old who have a body mass index (BMI) ≥25 kg/m.

Healthcare Index October 2015

Here are noteworthy healthcare issues that have appeared in the news and medical journals throughout the last 30 days or so:

Issac Itzkoff, of the New York Times, reported that comedian Robin Williams was battling Lewy body dementia at the time of his suicide. Lewy body dementia causes an Alzheimer’s-like slippage in memory and thinking as well as stiffness and movement problems such as the kind seen in Parkinson’s disease. It can also cause hallucinations which often involve seeing animals, children or miniature people. The condition results in steady decline, an average of 10% or more a year and there is no cure.  

A study appearing in the American Journal of Psychiatry demonstrated that schizophrenia may be caused by inflammation in the brain which can be discovered through PET scans which measure the levels of activity of immune cells in the brain. The authors suggest that the next step is to determine whether anti-inflammatory treatment in patients who are predisposed to the disease can prevent the disorder.

An article published in Trends in Pharmacological Sciences surveyed advances in “exercise pills” which seek to mimic the effects produced by physical exercise.

An article published in Science discussed the development of artificial skin that acts as a mechanoreceptor in conjunction with an organic transistor circuit that can simulate the sensation of touch. The hope is that this technology will aid in the design of large area organic electronic skin with neural integrated touch feedback for replacement limbs.

Health Care Safety Index July 2015

A study published in the American Journal of Clinical Nutrition concluded that people who consumed more fruits and vegetables had a 13% lower risk of heart disease.

The CDC reported that people with health insurance are up to three times more likely to obtain recommended preventative care. Preventive services are available for nine of the ten leading causes of death in the United States.


An article published in Neurology concluded that the risk of stroke in patients diagnosed with endocarditis is longer than previously thought. According to the authors of the study, the risk of stroke usually begins 4 months before a diagnosis of infective endocarditis, peaks in the month after the diagnosis, and then normalizes by 5 months afterward.


The FDA issued a safety communication regarding 45 patient deaths and other adverse events related to the use of SentreHEART devices used for left atrial appendage closure.


An article published in Osteoporosis International suggested a link between ischemic heart disease and osteoporosis. The authors concluded that bone health should be considered in patients diagnosed with ischemic heart disease.


The FDA amended the warnings related to NSAID use and the increased risk of strokes and heart attacks.   

The American Thoracic Society, European Respiratory Society, the Japanese Respiratory Society, and the Latin American Thoracic Association published new guidelines for the care of Idiopathic Pulmonary Fibrosis.
Updated guidelines for the treatment of Hepatitis C were published in Hepatology by The American Association for the Study of Liver Diseases.

An article published in Emerging Infectious Diseases (and approved by the CDC) revealed the continuing and significant expansion of Lyme disease. In counties throughout the United States between 1993 and 1997, there were 69 counties with high incidence of Lyme disease; this number climbed to 130 counties for the period from 1998 to 2002, 197 counties in 2003 to 2007 and 260 counties in 2008 to 2012. The news is bleaker for northeastern states who saw a 320% jump in counties with high incidence, from 43 counties in the first period to 182 in the last survey.


The CDC published a report indicating that the United States in in the midst of a heroin epidemic with usage rates climbing from 63% between 2002 and 2013. The biggest increases in use were seen in women and people with higher incomes.


Pauline Anderson, of MedScape News, reported on oral presentations at the Alzheimer's Association International Conference which demonstrated that physical activity reduces cognitive decline and improves neuropsychiatric symptoms in patients with dementia and may reduce Alzheimer's disease  biomarkers.     


A study appearing in Pediatrics raised the question of whether antibiotic use increased the risk of juvenile arthritis.

An article published in PLOS Medicine disclosed that Glitazones taken by patients for Type 2 Diabetes (including Avandia and Actos) might have the unintended but beneficial effect of decreasing the risk of Parkinson’s disease.                                                     

Damages and how we Approach Valuing Medical Malpractice Cases

What is my Medical Malpractice Case Worth?

When a prospective client first calls to discuss whether he has a medical malpractice case I have to make a preliminary decision about the potential value of the case. Obviously, questions about the value of a malpractice case also come up at the tail end of a litigation, when we reach the resolution phase of a matter and begin negotiating. At the outset, when I estimate the potential value of a case I am simply guestimating whether a successful outcome will likely justify the time and expense investments required to prosecute the file. When estimating the value of the case at the end of a litigation for clients, I am trying to come to a reasoned assessment about a case’s true value.  I have the benefit of much more information at the end of a litigation than I do when a client first calls me on the telephone, so I am in a better position to reach conclusions and give clients more guidance about the value of a case at that point. Nevertheless, at best case valuation is a process that involves judgment and reasonable minds can differ about issues involving judgment. Also, different clients have different objectives, money means different things to different people and individuals differ in their tolerance for risk. All of these things have to be taken into consideration when discussing how best to resolve a malpractice case.

Healthcare Safety Index June 2015

Here are patient safety issues that have appeared in the news and medical journals throughout the last 30 days or so:

An article published in the June 16, 2015 edition of JAMA concluded that antibiotic treatment of patients with uncomplicated appendicitis may be as effective as an appendectomy.

A study published online on PLOS One on June 10, 2015 concluded that proton pump inhibitor usage increases the risk of heart attacks.

U.S. News & World Report published its annual list of Best Children’s Hospitals.  Nationwide top finishers in their respective categories included: Cancer – Dana-Farber Boston Children’s Cancer and Blood Disorders Center;Cardiology & Heart Surgery – Boston Children’s Hospital; Diabetes & Endocrinology – Boston Children’s Hospital;Gastroenterology & GI Surgery –  Boston Children’s Hospital;  Neonatology - Children’s Hospital of Philadelphia;Nephrology - Boston Children’s Hospital; Neurology and Neurosurgery – Boston Children’s Hospital; Orthopedics – Children’s Hospital of Philadelphia; Pulmonology – Cincinnati Children’s Hospital Medical Center; Urology – Boston Children’s Hospital.

Top finishers in proximity to New Jersey include:   Cancer – Children’s Hospital of Philadelphia (3); New York-Presbyterian Morgan Stanley-Komansky Children’s Hospital (17); Memorial Sloan-Kettering Cancer Center (21); Children’s Hospital of Pittsburgh of UPMC (22); Penn State Hershey Children’s Hospital (24); and Children’s

Confidential Settlement on Behalf of Bloomfield, New Jersey Woman Who Suffered From Pressure Sore While a Recovering From Spinal Surgery

The plaintiff underwent multi-level spinal surgery in June 2011. She was admitted to a rehabilitation hospital and after six weeks she was diagnosed with a pressure ulcer on her sacrum and bilateral pressure ulcers on her heels. She was then discharged from that facility to a long term care nursing home. The plaintiffs contended that a lack of continuity of care resulted in an exacerbation of the pressure sore, so that it went from a Stage II pressure sore to a Stage IV pressure sore.

The plaintiffs further alleged that the pressure sore developed because appropriate pressure relief measures were not undertaken at either healthcare facility. Additionally, there was evidence that the plaintiff was malnourished and this contributed to the development of the pressure sores and their inability to heal. After appropriate pressure relief measures were undertaken, supplemental nutrition was employed and the plaintiff underwent multiple debridement surgeries, her pressure sores eventually healed. Nevertheless, the skin breakdown resulted in a prolonged stay at the nursing facility and some measure of out-of-pocket expenses to the plaintiffs.

The case settled at a mediation hearing prior to the scheduling of a trial date.

Health Care Safety Index May 2015

A study published in JAMA demonstrated that 57.7 percent of reported concussions in high school players and 57.6 percent of concussions in college players occurred during practice. The high incidence of concussions in practice is troubling because players and coaches have much more ability to control the kinds of impacts that result in these injuries during practice, as opposed to games.  

A study in JAMA Internal Medicine established that atypical antipsychotic medications like Seroquel, Risperdal and Zyprexa increase the risk of falls for elderly patients.

The FDA issued a warning indicating that some drugs used to treat Type 2 Diabetes including Invokana, Jardiance, Invokamet, Xigduo XR and Glyxambi, can sometimes lead to ketoacidosis.

An article appearing in the International Journal for Quality in Health Care demonstrated that prescribing errors with the potential to cause harm frequently go undetected and the incidence of medication errors reported do not accurately reflect the profile of medication errors which occur in hospitals.

The US Preventive Services Task Force  issued new draft recommendations regarding who should undergo mammogram screening and how often. Mammograms were recommended for women between 50 and 74 every 2 years.

A study published in the New England Journal of Medicine concluded that Clindamycin and Trimethoprim-Sulfamethoxazole were equally effective in treating uncomplicated soft-tissue infections.

A study published in the BMC Medicine concluded that following a healthy lifestyle meeting dietary and weight and exercise recommendations helps (a) prevent colorectal cancer and (b) people diagnosed with colorectal cancer live longer.

An article published in Science determined that measles causes children to become immunocompromised for up to 3-5 years.

A study published in JAMA demonstrated that a medication regimen that included Daclatasvir, Asunaprevir and Beclabuvir resulted in a sustained virologic response after 12 weeks of treatment in 91.3% of patients diagnosed with hepatitis C.

A study published in Obstetrics and Gynecology concluded that there was up to a 41% chance that maternal deaths during pregnancy could be avoided with better maternal safety programs.

An article appearing in the Annals of Cardiothoracic Surgery detailed the successful minimally invasive aortic valve surgery program at the Cleveland Clinic.

A study published in Pain Management Nursing demonstrated that the presence of dogs can reduce pain and distress in children who undergo venipuncture.

A study published in the International Journal of Impotency Research concluded that there was no increased risk of mortality associated with long term testosterone therapy. 

Health Care Safety Index April 2015

Here are patient safety issues that have appeared in the news and medical journals throughout the last 30 days or so:

Toni Clarke, for Reuters, reported that AstraZeneca's diabetes drug, Onglyza, may be associated with an increased risk of death due to heart failure.

A study published in Circulation demonstrated that sudden cardiac arrest during sports activity occur most frequently in middle age, but the outcomes following such events are usually better. This is because the events are usually witnessed by others and followed by cardiopulmonary resuscitation.

Research undertaken by the American Orthopaedic Society for Sports Medicine demonstrated that one in three children who undergo ACL surgery experience a re-injury to the same ligament.

An article published in Annals of Internal Medicine discussed the 2015 American Diabetes Associations’ Standards of Medical Care in Diabetes which recommended lowering the floor body mass index of Asian-Americans which should prompt investigation into diabetes from 25 to 23, tailoring plans for blood glucose control to individual patients by considering age, other co-morbid medical conditions, life expectancy and the patient’s motivation and preferences. Finally, statins are now recommended for all diabetes patients older than 40.

Patient Safety in the News February through March 2015

The editors at medGadget discussed a study appearing in the journal Inorganic Chemistry regarding research at Bielefeld University in Germany which demonstrated a new method of disrupting the spread of cancer using molecules that bind to DNA.

Sarah Knapton, with The Telegraph, discussed research published in JAMA about a new stem cell treatment which is reversing the symptoms of multiple sclerosis.

Robert Preidt, for Health Day, discussed a study performed by Cancer Research UK, which demonstrated that obesity raises the risk of cancer in women 40%. 

Jane Brody, for the NYT, reported on a study appearing in The Lancet which described a constellation of symptoms which appear to foretell a diagnosis of Parkinson's disease, including tremors, balance problems, constipation, low blood pressure, dizziness, erectile and urinary dysfunction, fatigue, depression and anxiety.

Patient Safety in the News January 2015

Rachael Zimlich, for Modern Medicine Network, reported that the U.S. Health Resources and Services Administration is predicting a 340,000 nurse surplus by 2025.

Amy Norton, for HealthDay, reported on a study appearing in Cell, Host & Microbe which concluded that a change in stomach bacteria in young children can precede a diagnosis of Type 1 diabetes by a year, aiding in diagnosing this condition.

Suzanne Russell, with My Central Jersey.com, reported that Dr. Anthony DelPiano, a physician practicing in Jersey City, plead guilty to accepting bribes in exchange for test referrals to Biodiagnostic Laboratory Services LLC of Parsippany.

Steven Reinberg, for HealthDay, discussed a report from the American Cancer Society which revealed lung cancer has replaced breast cancer as the leading cause of cancer-related mortality among women in developed countries.

Michael Fleeman and Dan Whitcomb, for Reuters, reported on the introduction of legislation by California lawmakers seeking to end the right of parents in the state to exempt their children from school vaccinations based on personal beliefs.

Patient Safety in the News December 2014

Recent changes in drug labels: The following drugs had modifications to the contraindications, warnings or precautions section of their labels: Adcetris (brentuximab vedotin) for Injection; Arava (leflunomide) Tablets; AVELOX (moxifloxacin hydrochloride) Tablets and IV; Bosulif (bosutinib) Tablets; Cardizem (diltiazem hydrochloride) Tablets; Cubicin (daptomycin for injection) Intravenous; Cymbalta (duloxetine) Delayed-release Capsules; Foscavir (foscarnet sodium) Injection; Lopid (gemfibrozil) Tablets; Mycobutin (rifabutin) Capsules; Mytelase (ambenonium chloride) Tablets; Sensipar (cinacalcet hydrochloride) Tablets; Sovaldi (sofosbuvir) Tablet; Sylatron (peginterferon alfa-2b); Taxotere (docetaxel) Injection Concentrate; Unasyn (ampicillin sodium/sulbactam sodium) Injection; Votrient (pazopanib hydrocholoride) Tablets and Zelboraf (vemurafenib) Tablet. Click here for more information from the FDA.

Robert Pear, for the New York Times, reported on a study which revealed that half of the physicians listed as serving Medicaid patients were unavailable either because they were not actually taking Medicaid patients or because the information about their medical practice was outdated.

Robert Preidt, for Health Day, discussed a study in the Annals of Epidemiology that indicated that despite lower smoking rates, cigarettes are still responsible for 3 out of 10 cancer deaths in the United States.   

Marie Ellis, with Medical News Today, reported on an article in JAMA Pediatrics which found that children diagnosed with autism spectrum disorder were twice as likely to be born with mothers with preeclampsia during pregnancy.

Patient Safety in the News through November 9, 2014

NEJM published a study revealing that by merely adopting an I-PASS patient hand-off system (“I” illness severity,  “P” patient summary,  “A” action list,  “S” situation awareness and contingency plans and “S” synthesis) residents decreased miscommunications and medical errors by 23%.  

Pediatrics published a study analyzing outpatient medication errors amount young children. 27% of medication errors were related to parents inadvertently giving children medication twice.

Joseph Goedert reported that the Cleveland Clinic will be expanding its use of the IBM Watson Supercomputer to help oncologists deliver personalized treatment to cancer patients. The computer be used to identify patterns in genome sequences and also to review databases of medical journals.

Hannah Nichols discussed a study published in Arthritis Care & Research, which demonstrated that low birth weight and preterm birth are associated with an increased risk of hip osteoarthritis requiring surgery.

Academic Radiology published a study that demonstrated that when residents were interrupted while interpreting radiographic studies, they committed more errors.

Mary Elizabeth Dallas discussed an article published in the Journal of Athletic Training which demonstrated that (a) 50% of highs school athletes are not likely to report a concussion and (b) 25% of college players are likely to play with a concussion. Additionally, 25% of high school athletes surveyed reported receiving no education about concussions at all.

Latest Questions and Answers - July and August 2014

Here are the latest answers to the questions that were posted online. Please note that I do not edit the questions.

Question.

How do I go about finding an attorney that will represent my father’s medical issue? He resides in Florida, but transplant was in Tennessee. Since he had his kidney transplant he’s been having complications and hasn’t been treated the right way. We have been trying to resolve this matter the right way and it seems almost impossible. We need immediate assistance for our father.

Answer.

I have no idea whether you have a viable malpractice case because you didn’t provide enough information about the complications your father has been experiencing. Nevertheless, if you want to hire an attorney to investigate a case you’re going to have to hire someone in Tennessee. Attorneys take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I had upper abdomen pains. Could not move, was nauseaed, became very hot, started sweatting alot, pain went to into back. Went to ER, spoke to a nurse they gave me some malox with a pain killer in it. I also took a chest xray and a ekg and then was released. I was told that I had gas. I never saw a doctor. 2 months later went to a different ER for same thing and was told that I had to have surgery very soon. I had a golf ball size gall stone. Do I have some kind of case against the 1st ER and doctors.

Answer.

The usual presentation of a patient who was suffering from gallstones include symptoms of pain in the upper abdomen and upper back, nausea, vomiting, bloating, indigestion, heartburn, and gas. So, gallstones should have been in the differential diagnosis of the physicians. I think the real question in the case is whether it is financially viable because presumably you would’ve needed surgery if the diagnosis was earler. Consequently, assuming there was no permanent harm the damages in the case amount to two months of pain and suffering. I wouldn’t take on a case like that, but financial viability is a judgment call. The articles below explain this in more detail.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Patient Safety in the News July and August 2014

Jessica Firger, for CBS News,  on increased reports of West Nile Virus in western, central and southern states. Early signs and symptoms of the disease include fever, headaches, body aches, joint pains, vomiting, diarrhea and rash.

Robert Preidt, for CBS News,an article appearing in BMJ that concluded that light to moderate alcohol consumption can result in heart damage.

Nicholas Bakalar, for the NYT, on a study appearing in the journal Circulation that calls into question the necessity of fasting before undergoing blood lipid tests.

Nicholas Bakalar, for the NYT, an article appearing on Obstetrics and Gynecology that concluded that sutures are safer than staples when closing incisions following cesarean sections.

Robert Preidt, for CBS News,study at Harvard which suggested that vasectomies can increase the risk of fatal prostate cancer.

Liz Szabo, with USA Today, that the child “Mississippi baby” previously diagnosed as cured of HIV by the NEJM, was found to have a return of the disease.

Patient Safety in the News - June 2014

Tim Darragh reported that there are 43% fewer medical malpractice cases being filed in Pennsylvania today than there were ten years ago. The article attributes the decrease two new rules which require (a) medical malpractice cases to be filed in the county where the malpractice took place and (b) the filing of an affidavit of merit at the outset of a case.

Dennis Slattery, for the Daily News, wrote about the New York Judiciary’s adoption of a program formerly run by Judge Douglas McKeon in the Bronx which seeks to reach early settlements in meritorious medical malpractice cases filed against municipal hospitals.  The program has resulted in decreased litigation costs and safer care because hospitals have implemented safety programs to learn from the mistakes.

Steven Reinberg, for CBS News, wrote about the rise in the mosquito-borne chikungunya virus. The virus has still not been contracted in the United States, but it is predicted that it could arrive this summer. The virus causes high fevers, joint pain and swelling, headaches and a rash. In rare instances it is fatal.

Andrew Pollack, for the New York Times, reported on how health insurance plans are lowering drug costs by requiring pharmaceutical companies to choose between discounting their drugs or not being covered.

Patient Safety in the News - May 2014

Kate Thomas, reporting for the New York Times, discussed how Insys Therapeutics, maker of  Subsys, a narcotic pain killer, increased sales by aggressively marketing Subsys to physicians for off-label use. The medication was approved by the FDA for use in cancer patients, but just 1% of prescriptions are now written by oncologists.

Melissa Healy, of the LA Times, reported that the United Nations’ leading expert on food and nutrition declared that the international community must focus and mobilize against unhealthy diets that contribute to the global obesity problem.

Sharon Begley of Reuters discussed a study by biologists Tony Wyss-Coray of Stanford University and Saul Villeda of the University of California San Francisco which revealed that when old mice were transfused blood from young mice, the aging process in the brain was reversed.

Karen Kaplan wrote about a recent study appearing in JAMA that revealed that while 40 years of clinical trials have unequivocally demonstrated that antibiotics do not help patients suffering from acute bronchitis, 70% of patients treated for that condition are still prescribed these drugs. In fact, antibiotic prescriptions for acute bronchitis have increased since 1996, despite the fact that the Centers for Disease Control and Prevention have been trying to stop this practice for the last 15 years.

CBC reported that a study published in the 1970s suggesting that fish oil lowers the risk of heart disease is fatally flawed and its conclusions are based on faulty research.