Scalpel Weekly News

Week of: October 08, 2018

IN THE NEWS


Multiple Cancer Tests Recalled; False Negative Results

On September 28, 2018, Ventana Medical Systems recalled 38,000 detection kits using the FLO-LOK III Dispenser due to the risk of false negative test results caused by reagent dispenser issues. The detection kits contain staining chemicals (reagents) used during immunohistochemistry (IHC) lab tests. IHC lab tests are used to help diagnose diseases, such as cancer. They may also be used to help differentiate among types of cancer. The dispensers release the staining reagents that change color to indicate a disease state or health condition (biomarkers). Biomarkers are used as an aid in the diagnosis and management of patient treatment for many health conditions. The results can also indicate whether a patient is likely to benefit from certain drugs. Click title to continue reading...


 
MEDICAL ALERTS


Brain, Spine Surgery Headrest Recall; Possible Serious Injury

On September 28, 2018, Pro-Med Instruments recalled its Doro Lucent Headrest System, including the Doro Lucent base unit, locking transitional member, and transitional member, because there is a risk the headrest system components may malfunction and fail. Click title to continue reading...



First Treatment for Advanced Common Skin Cancer (CSCC)

On September 28, 2018, the FDA granted Regeneron Pharmaceuticals, Inc., approval to market Libtayo (cemiplimab-rwlc) injection for intravenous use for the treatment of patients with metastatic cutaneous squamous cell carcinoma (CSCC) or locally advanced CSCC who are not candidates for curative surgery or curative radiation. This is the first FDA approval of a drug specifically for advanced CSCC. Click title to continue reading...



Newborn Syphilis Cases More than Double, 20-Year High

On September 25, 2018, the CDC published a report that found that reported cases of congenital syphilis – syphilis passed from mother to baby during pregnancy or delivery – have more than doubled since 2013. The data underscore the need for all pregnant women to receive early prenatal care that includes syphilis testing at their first visit and follow-up testing for women at high risk of infection. Click title to continue reading...


  CASE ALERTS


Failure to Inform of Cancer Diagnosis; Continuing Conduct

A surgeon admitted a patient to the hospital for laparoscopic gastrointestinal surgery. Four days later, while the patient was recovering from surgery, a physician’s assistant (PA) employed by the surgeon’s practice group ordered an x-ray of the patient’s chest. A radiologist employed by the practice group that provided radiological services for the hospital interpreted the x-ray and dictated a report of the findings. The report was transcribed that afternoon and edited, approved, and electronically signed by the radiologist that evening. In addition to reporting the presence of pulmonary opacities indicative of congestive heart failure, the radiologist also reported the presence of a separate 1.8 centimeter spiculated density in the left upper lung, indicative of lung cancer. A spiculated density is a mass with linear strands extending from the nodule margin into the lung tissue but not extending beyond the lung tissue. The radiologist recommended that the mass be investigated further by correlation with older studies, if available, and by a computerized tomography (CT) scan. Click title to continue reading...



Patient Proceeding Pro Se; Attorney Withdrawal; Caesarian

An obstetrician/gynecologist (OB/GYN) provided a patient with prenatal care. The patient was concerned that the patient did not seem to be gaining weight similarly to other pregnant patients. The OB/GYN informed the patient that the fetus was small because the patient was small. Click title to continue reading...



Hospital’s Insurer’s File Protected by Conditional Immunity

A patient was under the care of an internist at a hospital. The patient had a heart condition. Eventually, the patient underwent surgery for the heart condition. The patient sued the internist and hospital for medical malpractice and lack of informed consent. The complaint alleged that the internist failed to timely and properly treat the patient’s heart condition, and thereby caused the patient to undergo what should have been an avoidable surgery. Click title to continue reading...


FEATURE


Plaintiff’s Interrogatories: Meningitis-Related Malpractice

As a special feature for our Premium subscribers, we have included this feature containing illustrative interrogatories to be used by plaintiff’s counsel in a medical malpractice action alleging a physician failed to diagnose meningitis. In this illustrative situation, a woman presented at the emergency room with head trauma. The emergency room physician treated the wound and prescribed muscle relaxants and Tylenol. The emergency room physician advised the woman that symptoms like dizziness, nausea, and a stiff neck were normal after head trauma and that they would subside in a few days. Even though the woman was experiencing dizziness, nausea, and a stiff neck, the physician released the woman from the emergency room. Click title to continue reading...