Scalpel Weekly News

Week of: December 04, 2016

IN THE NEWS


Post-LASIK Problems Severely Impact Patients’ Daily Living

On November 23, 2016, the LASIK Quality of Life Collaboration Project (LQOLCP), a collaboration of the FDA, National Eye Institute (NEI), and the Department of Defense (DoD), announced the results of its study of the potential risk of severe problems that can result from LASIK. The project aimed to develop a tool to determine the percent of patients who develop difficulties performing their usual activities following LASIK and to identify predictors for those patients. Click title to continue reading...


 
MEDICAL ALERTS


Childrens’ Homeopathic Product Recall; Harmful Belladonna Levels

On November 25, 2016, Raritan Pharmaceuticals, a contract manufacturer for Homeolab USA, recalled homeopathic products containing belladonna extract intended for use in infants and children due to the potential for variation in the amount of belladonna extract in the products. Click title to continue reading...



Guidewire System Recalled Due to Coating Separation; Possible Embolism, Stroke Injury

On November 22, 2016, SentreHeart recalled the FindrWIRZ Guidewire System because the coating may separate (e.g., peel, flake, shed, delaminate, slough off) from the packaging and potentially cause serious injuries to patients. Click title to to continue reading...



Reduce Prescription Drug Abuse by Providing Drug Arrest Records to Medical Providers

On November 23, 2016, the CDC published a report describing the preliminary results of a program to reduce the misuse and diversion of prescription drugs by providing drug arrest records to medical professionals. Prescription drug misuse and diversion are a part of the nationwide epidemic of opioid overdose. Click title to continue reading...


  CASE ALERTS


Nicking Bowel During Gallbladder Surgery, Not Medical Negligence

A man underwent gallbladder removal surgery. Specifically, a surgeon performed a laparoscopic cholecystectomy, a minimally invasive surgical procedure in which the gallbladder is removed with the assistance of a video camera and several thin instruments. During the procedure, the surgeon nicked the man’s bowel. Click title to continue reading...



No Medical Expert Testimony Required; Surgical Tool Burn

A man underwent arthroscopic surgery on his injured knee. During the procedure, an orthopedic surgeon placed a hot mallet on the man’s left thigh and abdomen, resulting in burns to those body parts. Click title to continue reading...



Litigation Privilege Barred Intentional Tort and Contract Claims for Report to DMV

A man with a history of diabetes and cognitive deficits obtained a commercial driver’s license (CDL) and began driving a bus approximately 25 to 30 weeks per year. The man regularly was treated at a health center. He signed three documents generated by the health center entitled “Consent General Health Care.” These consents all stated that his medical records would not be released without his written authorization, absent an articulated exception to this general rule. One articulated exception was where the health center was permitted or required by law to release the information. Click title to continue reading...


FEATURE


Summary Judgment: Needle in Plaintiff After Gastric Surgery

As a special feature for our Premium subscribers we have included this feature containing an illustrative Plaintiffs’ Opposition to Summary Judgment and Cross-Motion for Summary Judgment in a malpractice action in which a surgical needle was left in the plaintiff after gastric surgery. This action was brought under the Federal Tort Claims Act as a result of the alleged medical malpractice of a Veterans Administration hospital and its employees. Click title to continue reading...