A news story from the Gulf Coast of Florida tells us how a dental malpractice case uncovered two secrets that should never have been kept from a patient. We ought to be able to trust our healthcare providers. But, this North Florida patient is living in pain and the fear of AIDS because that trust was betrayed.Betrayal of Trust?Putting your trust in a medical professional is one of the most...
Personal Injury law in Maryland is vastly different then other states due to the Doctrine of Contributory Negligence. Contributory negligence means that if a person is found to be 1% or more at fault, that person is 100% barred from making any recovery. For example, if you are the victim of a rear end collision and the judge or jury finds you contributed to the accident by stopping too quickly,...
Fellow Injury Board blogger, James Sabatinihas a nice post on Guidant's latest woes regarding their implantable cardiac defibrillators.
A wilderness treatment center has agreed to pay $1.2 million and admit responsibility to settle a lawsuit filed by the parents of a Massachusetts teenager who killed himself while in its care, the parents' lawyers said Tuesday.Paul and Diana Lewis of East Longmeadow, Mass., sued the Aldredge Academy, also known as the Ayne Institute, in 2002 in Kanawha County Circuit Court alleging negligence...
Many of you have learned of recent problems associated with implantable cardiac devices. Guidant Corporation's implantable defibrillator has been associated with potentially fatal complications. As a result of negative publicity, Guidant created a panel to investigate complaints. The May 18 edition of the New England Journal of Medicine contains an early release of their findings. Of note,...
Both Florida and federal law against patient dumping (EMTALA) may have been violated at a hospital in Daytona Beach, FL. My experience with EMTALA cases is that violations are often an easier route to compensation if the patient victim has suffered harm than a medical malpractice action. This is particularly true because of recently enacted protections for emergency rooms and the doctors who...
Representing the victims of medical malpractice today is much more difficult because of the continuous efforts to cap the damages of the most severely injured patients. Love Ministries has posted an email from Heather Lewinski, a young victim. Medical Malpractice Legislation - People Over ProfitsPlease read the below email from medical malpractice victim Heather Lewinski. As the Senate prepares...
Brandon Smith at Childers, Buck and Schlueter in Atlanta brought my attention to a Guidant article from Bloomberg News in the St. Paul Pioneer Press. It appears Guidant is having yet another problem with their difibrillators as almost 1000 devices may quit working prematurely.According to the Guidant defibrillator defect article:Defibrillators are implanted in the chests of heart-failure...
Boston Scientific recently announced a new defect in Guidant heart defibrillators that may cause the devices to quit prematurely. The battery failure is due to a defective low-voltage capacitor. According to the company, the problem affects the following models: Vitality DS, Vitality AVT, Vitality 2, Contak Renewal 3 and 4, and Contak Renewal 4 AVT. The capacitor in question came from a...
Boston Scientific warned doctors that close to 1,000 of its cardiac implantable defibrillators may short circuit and fail to work properly leaving its patients vulnerable to cardiac problems. The company said that it learned of the failures after purchasing Guidant in April for $27.5 billion. U.S. regulators imposed sanctions on Guidant in December because of quality-control flaws after the...
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