Medical Risk Law Weekly News

Week of: February 06, 2012


Court Making Substituted Judgment for Incompetent Must Make Decision Person Would Make If Competent

An order allowing the parents, as guardians at litem, of a pregnant psychotic woman to terminate the pregnancy was reversed and remanded for evaluation of whether the woman would want an abortion if she was not mentally ill.


Walgreens Recalls Chocolate-Covered Raisins As Product May Contain Peanuts, Almonds, Soy Due to Packaging Error

Walgreens is voluntarily recalling certain lots of 13-oz. Walgreens Chocolate-Covered Raisins because the packages may contain peanut, almond and soy ingredients.

Mumps Outbreaks Apparently Not Caused by New Viruses That Evade Existing Vaccine

FDA scientists report that the global resurgence of mumps outbreaks is not caused by mutated strains of the mumps virus evading mumps vaccine-induced immune responses.

FDA Approves First Supplemental Test for Chagas Disease Spread by Blood Parasites and Other Means

The FDA approved the first test for use as an additional, more specific test on human serum or plasma specimens found to be positive for antibodies to T. cruzi, which causes Chagas disease, a serious and potentially fatal parasitic infection.


Allegation Surgeon’s Physical Condition Contributed to Negligent Performance Is Not Separate Cause of Action

After filing a malpractice action alleging that three consecutive spinal surgeries were negligently performed on the plaintiff, it was learned that the surgeon suffered from carpal tunnel syndrome and a hip condition.

Temporary Staffing Agency Required to Indemnify Hospital for Wrongful Death

A plaintiff’s failure to timely name a hospital temporary staffing agency in a wrongful death action against the hospital did not bar the hospital from seeking indemnity from the staffing agency under an indemnity agreement.

Evidence that Surgery Was Contraindicated Improperly Introduced In Rebuttal to Physician’s Summary Judgment Motion

A surgeon being sued for allegedly negligently performing a total knee replacement on the plaintiff showed on motion for summary judgment that the accepted medical standard of care had been met.