Medical Risk Law Weekly News

Week of: April 08, 2019

IN THE NEWS


Regulatory Changes to Improve Breast Cancer Screening

On March 27, 2019, the FDA proposed regulatory changes to modernize breast cancer screening and help empower patients with more information when they are considering important decisions regarding their breast health care. Click title to continue reading...


 
MEDICAL ALERTS


Large Sterilization Facility Closed; Medical Device Shortages

On March 26, 2019, the FDA announced the steps taken to address potential medical device shortages due to the recent closure of a large sterilization facility in Illinois. Click title to continue reading...



Two New Oral Multiple Sclerosis Drugs

On March 26, 2019, the FDA granted Novartis approval to market Mayzent (siponimod) tablets to treat adults with relapsing forms of multiple sclerosis (MS), to include clinically isolated syndrome, relapsing-remitting disease, and active secondary progressive disease. Click title to continue reading...



Only Approved IV Antimalarial Drug Discontinued

On March 28, 2019, the CDC issued new guidance to clinicians for the treatment of severe malaria cases in the United States. This change in treatment protocol became necessary because the only FDA-approved intravenous (IV) antimalarial drug in the U.S., quinidine, was discontinued by the manufacturer and will no longer be available. As of April 2019, artesunate, the WHO-recommended first-line treatment of severe malaria, will become the first-line treatment for severe malaria in the U.S. Click title to continue reading...


  CASE ALERTS


Multiple Failures to Diagnose Cancer; Limitations Period

A patient was admitted to a hospital for a persistent high fever. During the hospitalization, testing revealed elevated sedimentation rates (a measure of the speed at which red blood cells in a tube of blood fall to the bottom of the tube) and proteinuria (elevated protein levels in the urine). The patient was evaluated by a nephrologist. Click title to continue reading...



Nerve Damage During Hip Replacement; Informed Consent; Experts

A patient underwent hip replacement surgery. During surgery, the patient suffered permanent damage to the peroneal nerve, causing foot drop, a gait abnormality in which the dropping of the forefoot happens. Click title to continue reading...



No Long-Term Disability Benefits for Diabetic Peripheral Neuropathy

An employee participated in an employer’s disability benefit plan. There was a 24-month limit to most disability benefits. The plan excluded six physical conditions from the 24-month benefit limit including radiculopathies. The plan defined radiculopathies as diseases of the peripheral nerve roots supported by objective clinical findings of nerve pathology. Click title to continue reading...


FEATURE


Checklist: Proving Malpractice for Failure to Diagnose Lupus

As a special feature for our Premium subscribers, we have included this checklist as guidance for plaintiff’s counsel in a medical malpractice action involving the failure to diagnose and treat lupus. In this illustrative situation, a woman with a history of lupus fell at home and presented to a hospital emergency room, complaining of a fever, dizziness, facial swelling, chest tightness, troubled breathing, and one instance of fainting. The emergency room physician ordered a chest x-ray and prescribed antihistamines and pain medication. Over the woman’s objections, the emergency room physician, who suspected the woman was a drug seeker, discharged the woman. Hours later, the woman was found dead. The woman’s husband sued the emergency room physician and the hospital for wrongful death, based on a failure to diagnose and treat lupus. Party identifying information has been redacted to protect privacy. Click title to continue reading...