Medical Malpractice

Medical Errors Third-Leading Cause of Death

A recent study indicates that hospital patients die of avoidable medical errors far more frequently than was previously thought – as many as 400,000 deaths a year. The problem of medical errors in the United States has escalated in recent years, up dramatically from 98,000 deaths in 1999. The new study, published in the...

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Differences Between Criminal Cases and Civil Trials

Criminal and civil cases differ in many ways. As the table at the bottom of this page illustrates, the legal proceedings can vary widely. Procedural rules affect everything from the parties involved to the types of evidence which may be admitted. Generally, because a defendant faces far greater consequences in a criminal trial, the...

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Children’s Medical Devices May Pose Safety Issues

When it comes to medical devices, one size does not fit all. Parents and other caregivers who experience problems with pediatric medical devices are being encouraged to report any issues with the Food and Drug Administration. The FDA wants this information to help them assess any safety issues and conduct any needed follow-up investigations....

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Decongestants May Cause Birth Defects

A new study reveals that using over-the-counter decongestants during pregnancy may increase the risk of a child being born with birth defects. Scientists at the Slone Epidemiology Center at Boston University interviewed nearly 20,000 mothers to find out what drugs they had taken while they were pregnant. What they found was a link between...

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22 Infected in Deadly Ohio Legionnaires’ Outbreak

UPDATE: Total count of infected persons is now 27. A retirement community in Reynoldsburg, Ohio is the center of the state’s worst Legionnaires’ disease outbreak in decades, infecting 22 27 people and leaving two dead. Officials from the Centers of Disease Control and Prevention (CDC) are working with the Ohio Department of Health and local...

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What is off-label drug use?

In the United States before a drug is approved by the Food and Drug Administration (FDA), it must undergo extensive testing. These tests, known as clinical trials, are used to determine if a drug safely works the way it is expected, to treat a specific medical condition. Once the FDA is satisfied that the...

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Hepatitis C testing for all Baby Boomers

The U.S. Preventative Services Task Force has announced that people born between 1945 and 1965 should be tested to see if they are infected with Hepatitis C. While symptoms may take years to develop, Hepatitis C may cause severe damage to the liver; including scarring, liver failure, and liver cancer. According to The New...

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Hidden cameras reveal patient neglect

Hidden cameras reveal patient neglect In an extraordinary effort, the offices of Ohio Attorney General, Mike DeWine, have teamed up with the Ohio Department of Health (ODH) to investigate Autumn Health Care of Zanesville – a Muskingum County nursing home. Triggered by numerous failed inspections as well as complaints by residents and their family...

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Litigation may improve patient safety

  Much of the debate over medical malpractice law suits stems over the perceived increased costs such litigation creates. Businesses in the medical field have collectively spent billions of dollars lobbying for tort reform to limit the number and scope these suits as well as attempting to mitigate awards to plaintiffs. Lost in this...

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Arthur Elk: ‘Never events’ should never happen

By Arthur Elk In the new Will Smith movie “After Earth,” we see a picture of what the Earth might look like 1,000 years in the future. While it’s fun to imagine what the future might be like, at Elk & Elk, we are here right now to help our clients get their lives...

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