Medical Risk Law Weekly News

Week of: May 21, 2012


FDA Proposal Aims to Help Reduce Unnecessary Radiation Exposure for Children

The U.S. Food and Drug Administration announced that it is seeking public comment on a proposal encouraging manufacturers to consider the safety of children in the design of new X-ray imaging devices. In the draft guidance, the FDA is recommending that manufacturers design new X-ray imaging devices with protocols and instructions that address use on pediatric patients.


FDA Surgical Fire Prevention Initiative and Recommendations

The FDA and its partners are launching the “Preventing Surgical Fires” initiative to increase awareness of factors that contribute to surgical fires, disseminate surgical fire prevention tools, and promote the adoption of risk reduction practices throughout the healthcare community.

CDC Reports that Cancer Rates Continue to Decline

Death rates from all cancers combined for men, women, and children continued to decrease in the United States between 2004 and 2008.

Epinephrine Injections Recalled Due to Discoloration and Visible Particles

American Regent is conducting a nationwide recall to the Retail/Hospital level of the following product: Epinephrine Injection, USP, 1:1000, 1 mL Ampules, NDC #0517-1071-25, Lot #1395, Exp Date: July 2012.


Good-Faith Kickbacks for Patient Referrals May Violate State But Not Federal Statutes

A physician who primarily treats low-income patients was convicted by a jury of paying fees for the referral of patients who qualified for federal and state aid programs, in violation of a state statute.

State Immune from Liability for Mental Patient’s Sexual Assault of Another Patient

A patient involuntarily committed to a county mental hospital was sexually assaulted in her room at night by a fellow patient. She sued the hospital and several employees for negligence. A California statute grants immunity to public entities for injuries to or caused by mental institution patients.

No Workers’ Comp for Psychological Injury to Fruit-Picker Employed Less Than Six Months Who Fell From Ladder

A California workers’ compensation statute bars claims for psychiatric injuries if the applicant was employed less than six months. This bar does not apply if the psychiatric injury was caused by a “sudden and extraordinary employment condition.”