Scalpel Weekly News

Week of: November 10, 2014

IN THE NEWS


Low Preservative Strength Invalidates Labs, Delays Diagnosis and Treatment

Richard-Allan Scientific of Kalamazoo, Michigan, discovered that 10% neutral buffered Formalin returned from several customers had from 0% to 3% Formalin content instead of the required 10%.  A too-low or too high concentration of Formalin will not properly preserve or can damage tissue samples. Click title to continue reading...


 
MEDICAL ALERTS


Ginseng Product Contains Potentially Dangerous Undisclosed Drug Ingredients

The FDA advised consumers not to purchase or use “Ginseng Kianpi Pil,” a product promoted to stimulate appetite, promote weight gain, and relieve fatigue, because it contains an undisclosed corticosteroid and an antihistamine. “Ginseng Kianpi Pil” is manufactured by Kweilin Drug Manufactory, and sold in retail stores and on various websites. Click title to continue reading...



Deadly Meningitis Outbreaks at Colleges Lead to New Vaccine

The FDA announced the approval of Trumenba, the first vaccine licensed in the United States to prevent invasive meningococcal disease caused by Neisseria meningitidis serogroup B in individuals 10 through 25 years of age. Click title to continue reading...



CDC Fifty-State Survey of Doctor Shopping Laws and Patient Prescription Abuse

The CDC’s Public Health Law Program (PHLP) published an inventory of state legal strategies to help assess doctor shopping laws. Doctor shopping is when a patient visits multiple healthcare practitioners to obtain controlled substances without the prescribers’ knowledge of the other prescriptions. Click title to continue reading...


  CASE ALERTS


California Retailers Have No Duty to Provide Defibrillators

A woman was shopping when she experienced sudden cardiac arrest. There was no automatic external defibrillator (AED) in the store. By the time paramedics arrived the woman had died. Click title to continue reading...



Informed Consent Discussions Irrelevant to Preoperative Negligent Diagnosis

A man was referred by his dentist to an oral maxillofacial surgeon for the evaluation of three wisdom teeth, all of which were fully impacted in the bone. The surgeon determined that the man’s wisdom teeth were decaying and recommended extraction. The surgeon extracted the man’s upper left wisdom tooth but perforated the bone adjacent to the left sinus leaving a large opening in the sinus. He attempted the extraction of the man’s lower left wisdom tooth but encountered severe bleeding and halted the surgery, leaving part of the tooth and the route. He did not attempt extraction of the third tooth. Following the surgery, the man experienced bleeding from the nose; numbness in his left jaw, teeth, gum, lip, and chin; and pain in his left sinus. Although the symptoms related to the extraction of the upper left wisdom tooth resolved after several weeks, the symptoms related to the attempted extraction of the lower left wisdom tooth did not resolve, resulting in permanent numbness of his lower left jaw area. Click title to continue reading...



Health Care Services Exclusion Applied to Paramedic Negligent Hiring, Training

An insurer issued an umbrella policy to a company that employed paramedics. The policy provided two types of coverage: professional liability and general liability. The professional liability policy was a “claims-made” policy, which afforded coverage for damages arising from “medical professional injury” that resulted “from acts or omissions in the providing of or failure to provide ‘health care professional services' by or for an insured.” The general liability policy covered damages for bodily injury and property damage caused by an “occurrence” during the coverage period, but it specifically excluded damages resulting from “the performance of or failure to perform ‘health care professional services.’ ” The term “health care professional services” included , “[m]edical, surgical, dental, x-ray, nursing, mental, or other similar health care professional services or treatments.” Click title to continue reading...