Archive for the ‘Medical malpractice’ Category

Fentanyl Drug Subsys – Insys Therapeutics

Wednesday, April 12th, 2017

Sublingual fentanyl sprays which are marketed and sold by Insys Therapeutics, Inc. have come under investigation recently. The pain medication is used in cancer patients and listed as a Schedule II controlled substance. Insys Therapeutics is under investigation for paying and providing improper benefits to doctors who were prescribing the drug.

Insys has in the last 18 months assured the Attorney General of New Hampshire that it will not make written or oral promotions which are misleading or deceptive, Insys will not make any written or oral promotional claim that violates FDA regulations,  and Insys will ensure their speaker program conforms to standards including a maximum number of events at which a physician can speak.

Additional investigation into the marketing of addictive opioids is ongoing. Additional warnings should be given to individual who are put on opioids, to limit the likelihood of misuse, addiction, and death from the use of opioids.

Fentanyl spray is significantly more potent than other pain medications, this drug has been approved for the management of breakthrough cancer pain in those who are resistant or tolerant to other medications. If you have been prescribed Fentanyl in a way that does not meet the approved prescription basis, feel free to call our firm to discuss.

If you have had a medical issue as a result of the use of an opioid based product sold by Insys Therapeutics, Inc, we would be happy to speak with you about your potential claims and discuss potentially representing you in that matter.

Mississippi Medical Malpractice Attorneys Caution That Claims Can Be Barred By Wrongful Conduct

Tuesday, June 14th, 2016

Healthcare professionals have a duty to treat their patients with reasonable care. What happens if the doctor prescribes painkilling medication that leads to an opiate addiction? Is the doctor responsible? With the opiate crisis in the United States reaching pandemic proportion as a result of over-prescribing prescription drugs, medical malpractice lawsuits present an alternative for a grieving family to redress their loss. The opiate crisis serves to put healthcare professionals on notice that over-prescribing painkillers can lead to addiction and death from overdose. On the other hand, possession of narcotics such and heroin and fentanyl without a prescription is a crime. Does the healthcare industry have a viable defense based on the wrongful conduct of the addict against malpractice claims?

A recent Mississippi court ruling illustrates the complexity of the question. The healthcare professionals in the case were a physician and an inpatient drug rehabilitation facility.  The young man stole Suboxone from the physician’s unlocked office. The young man died from an overdose of Suboxone. The young man’s parents sued the physician and the facility for medical malpractice. The healthcare professionals defended the malpractice suit by arguing that the young man’s illegal conduct prevents his family from claiming the physician and his staff committed malpractice.  But, the Suboxone to which the young man gained access was unlawfully stored in the physician’s office.

Mississippi has a long-standing rule of the law that has its origins in England that prevents a person from suing for injuries caused by their illegal conduct. The rule is called the “wrongful conduct rule.” The wrongful conduct rule states that courts will not allow a person to sue for injuries occurring while the injured person engaged in unlawful or immoral acts.  The wrongful conduct rule prevented a plaintiff from successfully claiming that his Oxycontin addiction was the fault of healthcare professionals.  The plaintiff sued several doctors and pharmacies saying it was their fault he was addicted to the drug because of they should have known he was an addict. The plaintiff lost because he committed fraud by obtaining Oxycontin prescriptions from several doctors and filled them at multiple pharmacies in three different cities.

The rule is limited. The defense will not work simply because the defendant says the plaintiff was doing something illegal when the plaintiff was hurt.  The defense is viable only if the injuries are the result of the illegal conduct. If the illegal conduct is not the direct cause of the injuries, then the plaintiff can recover damages. The wrongful conduct rule has another limitation as well. If both parties committed illegal acts, then the plaintiff can recover for injuries if the defendant’s illegal acts were greater than the plaintiff’s.

In the recent ruling, the court looked at the duty a hospital owes to people who are inpatients. The hospital must use reasonable care to protect the patient from a known or foreseeable danger and, if necessary, protect the patient from harming himself. It is foreseeable that a drug addict, seeking medical care for addiction, would try to steal and take drugs found on the premises. It is also foreseeable that an addict may overdose on narcotics as well. The unfortunate young man discussed in the case was struggling mightily in his battle with addiction. He was hospitalized to fight the addiction. It makes sense that the medical facility must take every precaution to make certain narcotics do not fall into the wrong hands.

Giddens Law Firm, P.A.: Mississippi Medical Malpractice Lawyers Ready to Help

If a hospital or other medical treatment center failed to protect you or a loved one, call the experienced Mississippi Medical Malpractice Lawyers from Giddens Law Firm, P.A. at 601-355-2022. The lawyers at Giddens Law Firm, P.A. are passionate about helping victims win the compensation they deserve for their injuries.

Mississippi Medical Malpractice Attorneys Discuss Third Leading Cause of Death in the U.S.

Tuesday, May 31st, 2016

Each medical malpractice case is unique. One patient may be prescribed the wrong medication or the wrong dose of medication. Another patient might undergo surgery, only to find out that the surgery was performed on the wrong side of their body.  Whatever the medical error in any given case, it is possible that serious injury or death may result.

In one recent medical malpractice action, a verdict was issued in favor of the family of a nearly eighty-nine-year-old man. The man died after a feeding tube was inserted into his lung instead of into his stomach. A feeding tube had been successfully placed before when the man was transferred to the hospital from a nursing home, but he had removed the tube. The man was restrained so that he could not pull out his feeding tube, and another feeding tube was put in. That tube was removed by doctors after an X-ray revealed that it had been placed improperly, into his lung instead of his stomach. The tube was inserted a third time, and x-rays taken following its insertion showed it as being in the stomach, and not in the lung. However, the tube had been inserted into the lung, and the feeding solution dripped into his lung for twelve hours until he died of drowning.

The aforementioned medical malpractice case is just one example of how medical care can go horribly wrong. There are many kinds of avoidable medical errors, and these errors, when taken as a group, are the third leading cause of death in America, claiming approximately seven hundred lives every day.

Medical malpractice in the form of medical errors is a form of negligence. Negligence occurs when someone either does something that a reasonably prudent person in a similar situation wouldn’t do or fails to do something that a reasonably prudent person would do in that situation. In a medical setting, the reasonably prudent person is a reasonably prudent doctor, with all of the training and knowledge that goes along therewith. In a medical malpractice case, the patient would have lived if they had been treated by a reasonably prudent doctor instead of by a negligent doctor.

Giddens Law Firm, P.A.: Supporting Mississippi Medical Malpractice Plaintiffs

If you were injured or someone that you love die as the result of medical malpractice, you may have a medical malpractice cause of action against the people or people whose conduct caused the error that hurt you or killed your loved one. The Mississippi Medical Malpractice Attorneys at the Giddens Law Firm, P.A. may be able to help you bring a medical malpractice claim against the parties who are responsible for your injuries or the death of your family member. A medical malpractice claim could help you recover both physically and financially after your accident. To learn more about how we may be able to help you, please call our office today, at (601) 355-2022.

 

Mississippi Medical Malpractice Attorneys Discuss Misdiagnosis of Cancer Patients

Thursday, February 11th, 2016

Former Jacksonville basketball legend Rex Morgan recently died of oral cancer. His widow has filed a medical malpractice lawsuit against his doctor and against Quest Diagnostics, alleging that they failed to identify the cancer before it was too late for it to be treated. It is her hope that this lawsuit will generate awareness of misdiagnosis in cancer patients, so that other families might be spared the tragic and untimely loss of a loved one from a disease that, if detected and treated early enough and thoroughly enough, could possibly be successfully treated.

Morgan had been diagnosed with tonsil cancer in 2010, and he underwent treatment for it. In 2011, an employee of Quest Diagnostics conducted a biopsy of his tongue and told him that the biopsy showed no signs of cancer. Based upon that information, Morgan believed that his initial treatment had been successful. Two years later, another biopsy showed cancer in Morgan’s tongue. At that time, he asked another doctor to examine the samples that had been taken during the 2011 biopsy. According to that doctor, the samples from the 2011 biopsy had contained cancer.

Unfortunately, Rex Morgan lost valuable time when he stopped cancer treatment after being told in 2011 that he did not have cancer. As soon as he became aware that he still had cancer, he began intensive treatment. By the time Rex Morgan started treatment again, the disease had developed past the point where treatment could have been successful. He died at the age of sixty seven.

When medical professionals misinterpret diagnostic tests like a biopsy and then misinform patients about the status of their health based upon their incorrect analysis, the consequences can be serious and even fatal. Cancer is an aggressive disease, and a patient’s chance of survival depends largely upon early detection and prompt treatment. Whether a misdiagnosis occurs before a patient becomes aware that they have cancer or a misdiagnosis of being cancer -free occurs after undergoing treatment for cancer, the end result is often a delay in treatment or a disruption in treatment that can reduce or eliminate the patient’s chance at successful treatment of the disease. While medical malpractice lawsuits for incorrect diagnoses or missed diagnoses can occur for all kinds of illnesses, those that are associated with cancer often involve patients who ultimately die as the result of the mistakes that were made.

Giddens Law Firm, P.A.: Supporting Mississippi Medical Malpractice Plaintiffs

Missed diagnoses are an all too common cause of medical malpractice lawsuits. If you have been injured or someone that you love has died as the result of a missed diagnosis, you may have a claim for medical malpractice against one or more of the medical professionals who were involved in the missed diagnosis. A successful medical malpractice lawsuit could help you to focus on pursuing what treatment you can for yourself or on healing from the loss of your loved one. If you have questions about medical malpractice, the Mississippi Medical Malpractice Attorneys at the Giddens Law Firm, P.A. may be able to help you.  Please call our office today, at (601) 355-2022.

Mississippi Medical Malpractice Attorneys Discuss Common Reasons for Medical Malpractice Lawsuits

Saturday, January 30th, 2016

A 2015 survey conducted by Medscape reveals the most common causes of medical malpractice. Nearly four thousand primary care physicians and specialists participated in the survey. Survey participants were fairly evenly distributed among age groups, but there were a much larger number of male participants (70%) than female participants (30%). One of the things that this study revealed is the percentage of doctors who are sued for malpractice, which is just under sixty percent. The study also shows that over half of the time, it is not a single doctor who is named as a party in a medical malpractice suit, but rather a group of doctors and other parties.

The two most common reasons for medical malpractice lawsuits are equally common, with thirty one percent of lawsuits being related to failures to diagnose and thirty one percent of lawsuits being associated with abnormal injuries. Some of the specific types of claims that were made in those categories are failure to diagnose cardiac emergency and late or missed cancer diagnosis. Other common reasons for medical malpractice lawsuits include failure to treat, medication errors, poor documentation, lack of informed consent, and failure to follow safety procedures. Some of the specific types of cases that are included in the aforementioned categories are postoperative infections, birth defects, hospital room falls, and injury or death during surgery.

An interesting outcome of the Medscape study is that it sheds some light on how long medical malpractice cases typically take from start to finish. Just under twenty percent of the doctors involved in the study reported that their medical malpractice cases took less than a year. Over thirty percent of the cases were resolved in between one and two years’ time. Approximately the same amount of cases lasted for three to five years, and a few doctors reported that their medical malpractice cases lasted longer than five years.

One of the things that doctors talked about during their participation in the Medscape study is whether they planned to take any action to change the way that they practiced medicine in order to serve their patients better and avoid future medical malpractice lawsuits. Many of the doctors involved in the survey said that they planned to be more meticulous about documentation. Others plan to improve the ways in which they communicate with patients, including making more time to discuss patients’ questions and concerns.

Giddens Law Firm, P.A.: Helping Mississippi Medical Malpractice Victims

If you were injured or someone that you love was killed as the result of medical malpractice, you are likely to have many questions. Medical malpractice cases can be complicated, but with the right help, you can pursue compensation against the individual or group of individuals who may be responsible for your injury or loss. The Mississippi Medical Malpractice Attorneys of the Giddens Law Firm, P.A. may be able to help you find the answers that you need. Please call our office today, at (601) 355-2022.