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<title>Medical Malpractice - New Jersey Accident and Injury Law Blog</title>
<link>http://injurylaw.grossmanjustice.com/articles/medical-malpractice/</link>
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<language>en-us</language>
<copyright>Copyright 2008</copyright>
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<pubDate>Wed, 31 Dec 2008 12:28:40 -0500</pubDate>
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<title>How Medical Malpractice Laws are Saving Our Healthcare System</title>
<description><![CDATA[<p>The <a href="http://www.nytimes.com/2008/12/08/business/08hospital.html?pagewanted=1&amp;_r=1&amp;ref=nyregion"><strong>New York Times carried this story</strong></a> that points to how, for so many patients in New York and across the country, <strong>medical malpractice laws may be the only thing standing between them and healthcare anarchy</strong>.&nbsp;The story focuses on the City's hospitals, in particular <a href="http://www.upstate.edu/uh/"><strong>University Hospital in Syracuse</strong></a>, but the implications are just as relevant for any hospital in New Jersey.</p>
<p>The report uses the case of a 56-year-old woman, Sharon Yacketta who has had to <strong>undergo 19 surgeries in the past 4 years</strong> &ndash; one to correct her original problem of urinary incontinence, and the remaining 18 to correct the horrific errors that resulted from that first surgery.&nbsp;&nbsp; Since that first botched operation when surgeons at University Hospital managed to rupture her right ureter, Yacketta has battled infections, and watched helplessly as her urinary incontinence ballooned into a vastly more complicated condition. &nbsp;</p>]]><![CDATA[<p>The negligence at University Hospital is just a <strong>symptom of the malaise that affects so many of hospitals, including those we have in New Jersey</strong>. It has its roots in the fact that we have no single federal agency to oversee our hospitals. That, and the sad truth that many times hospitals are large employers in the community they are located in, and any attempts to close them down face stiff resistance from locals, makes it harder for hospitals like University to be shut down.&nbsp;Around the country, it&rsquo;s the same story.&nbsp;<strong>Hospitals are rarely held accountable for the errors they make</strong>, with anything resembling serious action.&nbsp;A facility that continues to make disastrous mistakes like University Hospital can continue to stay in business because the system is dysfunctional&nbsp;enough to prevent even bad hospitals from going under.&nbsp;No prizes for guessing who suffers when our nation's health facilities continue to provide sub par care &ndash; patients who in many cases, simply have no other choice.</p>
<p>In New Jersey, we have seen the <a href="../../../../2008/12/articles/medical-malpractice/new-jersey-hospital-error-statistics-increase-annually-or-why-medical-malpractice-lawsuits-are-on-the-rise/"><strong>number of preventable hospital errors increase</strong></a> steadily over the past three years.&nbsp;Like University Hospital which has faced more than a few <a href="http://www.grossmanjustice.com/lawyer-attorney-1219829.html"><strong>medical malpractice lawsuits</strong></a> in the past , we have our own <strong>facilities in New Jersey where patients are more likely to return in worse condition than they were in when they arrived</strong>.&nbsp;So, the next time people <a href="http://blogs.usatoday.com/oped/2008/12/lawyers-bills-p.html"><strong>whine</strong></a> about <a href="http://www.grossmanjustice.com/index.html"><strong>medical malpractice lawyers</strong></a> and malpractice insurance contributing to the skyrocketing healthcare costs in this country, it might be appropriate to point them towards this report.</p>
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<link>http://injurylaw.grossmanjustice.com/2008/12/articles/medical-malpractice/how-medical-malpractice-laws-are-saving-our-healthcare-system/</link>
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<category>Hospital Error</category><category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>University Hospital Syracuse</category><category>hospital mistake</category><category>new jersey medical malpractice lawyer</category>
<pubDate>Wed, 31 Dec 2008 10:09:23 -0500</pubDate>
<author>rayaanmd@gmail.com (Scott Grossman)</author>

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<title>New Jersey Hospital Error Statistics Increase Annually, or Why Medical Malpractice Lawsuits are On the Rise</title>
<description><![CDATA[<p>A new state report <a href="http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj--hospitalerrors1217dec17,0,6914823.story"><strong>released last week</strong></a> says that preventable hospital errors in New Jersey have increased since last year, a trend that has been noticed every year since the error data tracking&nbsp;system kicked off in 2005.</p>
<p>In 2007, according to the third Patient Safety report by the state <a href="http://www.nj.gov/health/ps/index.shtml"><strong>Department of Health and Senior Services</strong></a>, a total of 72 people died as a result of preventable hospital errors. The report takes into account all types of preventable mistakes in a hospital environment, from surgical and medical mistakes, to bed sores and falls that occur as a result of negligence.&nbsp;The 72 deaths were an increase by 30 from the previous year.&nbsp;There were a total of 456 hospital errors reported for 2007, which was also higher than in 2006. In fact, the rate of errors has grown every year since the Patient Safety Act regulations involving the reporting of hospital errors, came into force.&nbsp;The Patient Safety Act requires all preventable hospital errors committed by hospital staff, including nurses, doctors, surgeons, and others to be reported&nbsp; to the Department of Health and Senior Services.</p>]]><![CDATA[<p>For those who are shocked that hospital error rates continue to rise despite the Act, state health officials are convinced that the increasing statistics are not nearly as grim as they seem. They say it points to the fact that hospitals are getting better at reporting their errors than they used to be.&nbsp;&nbsp; In fact, the disturbing statistics on preventable hospital mistakes in New Jersey are not the result of a health system going to shambles, they say, but an indication that hospitals are now training staff to be better equipped to notice these errors and report them.</p>
<p>As far as I am concerned, 72 totally preventable deaths in a hospital setting are still 72 more than we should have.&nbsp;We must remember we're not talking about people dying of cancer or other illnesses, or succumbing to wounds from an accident here. &nbsp;We're talking about mistakes made by surgeons, and errors in prescribing and dispensing medication to patients.&nbsp;We're talking about the presence of bed sores that only result when a bedridden patient hasn't been turned in several hours.&nbsp;These are all entirely preventable mistakes, and until we start seeing a reverse trend in statistics every time the Patient Safety report comes out, there's no reason for a pat on the back and a self satisfied smirk.&nbsp;As I pointed out in this post on the <a href="../../../../2008/12/articles/medical-malpractice/survey-shows-hospitals-are-not-sharing-medical-error-information/"><strong>concealing of hospital error information in New Jersey</strong></a>, the need for <a href="http://www.grossmanjustice.com/lawyer-attorney-1219829.html"><strong>New Jersey medical malpractice lawyers</strong></a> is increased when we &nbsp;continue to have cases like the 456 reported preventable errors that were committed in our hospitals last year. &nbsp;</p>
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<link>http://injurylaw.grossmanjustice.com/2008/12/articles/medical-malpractice/new-jersey-hospital-error-statistics-increase-annually-or-why-medical-malpractice-lawsuits-are-on-the-rise/</link>
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<category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>hospital errors</category><category>new jersey medical malpractice lawyer</category><category>new jersey patient safety report</category>
<pubDate>Tue, 23 Dec 2008 11:49:31 -0500</pubDate>
<author>rayaanmd@gmail.com (Scott Grossman)</author>

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<title>Survey Shows Hospitals are Not Sharing Medical Error Information</title>
<description><![CDATA[<p>Hospitals in New Jersey are required under the Patient Safety Act of 2004 to report any mistakes to the state <a href="http://www.state.nj.us/health/"><strong>Department of Health and Senior Services</strong></a>, but a <a href="http://www.nj.com/news/ledger/index.ssf?/base/news-14/122880112016840.xml&amp;coll=1"><strong>nationwide survey suggests</strong></a> that most hospitals in the country, which do collect such information, do not use it to reduce the incidences of medical malpractice in their facilities.</p>
<p>The survey, contained in a report by the <a href="http://www.ahrq.gov/"><strong>US Agency for Healthcare Research and Quality</strong></a>, says that an overwhelming majority of hospitals nationwide have begun the practice of collecting information of serious medical mistakes that occur in their facilities.&nbsp;However, the statistics of the number of hospitals where this information is actually shared by key personnel, including managers, is a dismal one in five hospitals.&nbsp;What this means is that most of this useful information, which could actually reduce the incidence of medical errors, and decrease the number of <a href="http://www.grossmanjustice.com/lawyer-attorney-1219829.html"><strong>medical malpractice lawsuits</strong></a>, goes to waste, since very little of it is acted upon.</p>]]><![CDATA[<p>The report voices the concern that such protection of error data could stop hospitals from creating a conducive and open work environment, where staff members would actually be encouraged to share information on mistakes, so that these can be acted on, and patient safety in the future enhanced.&nbsp;Keeping such important information off the radar only helps perpetuate these very same mistakes over and over again, defeating the actual purpose of collecting the information, which is to increase patient safety in a hospital setting.&nbsp;</p>
<p>In New Jersey, where state law requires medical errors to be reported to the DHSS, the state currently does not provide the names of hospitals and doctors who are responsible for the mistake.&nbsp;State officials say that this is done to encourage hospital staff participation in reporting errors, and it does seem to reflect in the statistics of facilities reporting errors, which have jumped by about 20 percent over the past couple of years.&nbsp;Clearly, the ability to remain anonymous is encouraging hospitals to report mistakes.&nbsp;However, that may change in some measure with a new law that Governor Jon Corzine signed last year , which requires hospitals to post details of hospital-acquired infections on their websites. Patients will soon be able to compare hospitals based on their in-patient safety records, and make a decision on the facility they want to use.</p>
<p><b>Greater Transparency is Necessary to Reduce Medical Malpractice Lawsuits</b></p>
<p>For long, medical malpractice lawyers have been blamed for everything, from the defensive treatment methods pursued by doctors, to the liability insurance premiums that they pay.&nbsp;The path to avoiding a medical practice lawsuit is actually quite simple &ndash; increase transparency in the manner in which hospitals choose to note and rectify their errors, and make sure that these mistakes don&rsquo;t occur again. That's all that's really needed to make sure that patients' rights are protected. When medical error data is hidden and filed away to gather dust, we can continue to expect more mistakes to be made, and more medical malpractice lawsuits showing up.</p>
<p><b>Building a Malpractice Lawsuit&nbsp;</b></p>
<p>Pursuing a medical malpractice lawsuit against a well funded and large hospital can require extensive resources.&nbsp;It's important that you hire an experienced <a href="http://www.grossmanjustice.com/index.html"><strong>medical malpractice attorney</strong></a> to build you a wining case. <a href="http://www.grossmanjustice.com/lawyer-attorney-1184273.html"><strong>Contact a medical malpractice lawyer</strong></a> at the Law offices of Scott Grossman LLC.</p>
<p>&nbsp;</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/12/articles/medical-malpractice/survey-shows-hospitals-are-not-sharing-medical-error-information/</link>
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<category>Medical Malpractice</category><category>hospital errors</category><category>medical injury</category><category>new jersey medical errors</category>
<pubDate>Mon, 15 Dec 2008 13:13:40 -0500</pubDate>
<author>rayaanmd@gmail.com (Scott Grossman)</author>

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<title>Abusive Physicians Could be Factor in Medical Malpractice Lawsuits</title>
<description><![CDATA[<p>&nbsp;The <b><u><a href="http://www.nytimes.com/2008/12/02/health/02rage.html?_r=1&amp;bl&amp;ex=1228366800&amp;en=999dc033151c2b6c&amp;ei=5087%0a">New York Times</a></u></b> has an interesting report on a little-known phenomenon&nbsp;in our hospitals that could point in a small way to the reason <b><u><a href="http://www.grossmanjustice.com/lawyer-attorney-1219829.html">New Jersey medical malpractice lawyers</a></u></b> are as busy as they are.&nbsp;It's about the way obnoxious, brusque or just plain abusive physicians may be contributing to some frightening medical and surgical mistakes.</p>
<p>According to the report, all too often, nurses who play such an important part in the doctor-patient relationship are humiliated, berated and even abused by physicians, so much so that it creates problems in communication.&nbsp;The Times uses some real life incidents to signify how sometimes, fear of approaching a doctor who's known to have a short fuse, can actually deter the nurse from approaching him when a&nbsp;patient's condition is worsening, or when there is an important life-and-death decision to be made about a patient.&nbsp;This lack of communication resulting out of fear of the doctor has led in too many instances, to serious complications, the need for additional surgery to repair the damage, and in some cases, even death.&nbsp;</p>]]><![CDATA[<p>Although the report stresses that most physicians are not abusive, almost every nurse can tell you of at least one instance when she was at the receiving end of a doctor's anger.&nbsp;It could be in the operating room - and it's not unheard of to have surgical tools flung at you - or it could be verbal humiliation that leaves the nurse thinking twice before she calls the doctor during an emergency.</p>
<p>These &quot;Doctors Gone Wild&quot; scenarios have terrible implications for patient safety.&nbsp;An abrasive temperament can lead to dangerous physician errors, and it causes delays in giving patients the emergency treatment they require when nurses are too afraid to make a call to the physician in question.&nbsp;There's no doubt that the medical profession is an extremely stressful one, but there's probably no other field that demands better control over your <b><u><a href="http://www.guidetopsychology.com/anger.htm#1">emotions</a></u></b>.&nbsp;Some hospitals do ask their doctors to sign up for <b><u><a href="http://www.apa.org/topics/controlanger.html">anger management</a></u></b> classes after one scalpel thrown across the operating room too many, but it still continues to be a problem, and is no doubt, contributing to at least some instances of medical malpractice.</p>
<p>Stress comes with the territory when you decide to take up a career in medicine, and if you have a natural tendency to react badly to stress or take it out on others, you should probably reconsider the professional path you are about to choose.&nbsp;Once you're outfitted in a white coat, there are simply too many patients whose lives depend on you keeping a cool head at all times, for you to have the luxury of blowing steam in the work place.</p>
<p>Doctors who are stressed out, or simply have a tendency to react viciously are just one reason why medical mistakes can occur.&nbsp;These mistakes can have serious and even fatal consequences. If you have been injured by a mistake committed by a physician, you should know that you have ways to obtain compensation for your suffering and trauma.&nbsp;Get in touch with me at my <b><u><a href="http://www.grossmanjustice.com/lawyer-attorney-1219829.html">New Jersey medical malpractice lawyers</a></u></b> office for an evaluation of your case.</p>
<p>&nbsp;</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/12/articles/medical-malpractice/abusive-physicians-could-be-factor-in-medical-malpractice-lawsuits/</link>
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<category>Medical Malpractice</category><category>malpractice lawsuit</category><category>new jersey medical malpractice lawyer</category><category>physician mistakes</category>
<pubDate>Fri, 05 Dec 2008 09:26:10 -0500</pubDate>
<author>rayaanmd@gmail.com (Scott Grossman)</author>

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<title>Incentive Scheme at CVS Found Linked to Pharmacy Errors</title>
<description><![CDATA[<p>It's everyone's biggest nightmare &ndash; popping a couple of pills for an ordinary ailment, and discovering later in your hospital emergency room, that the problem could be traced to <span style="background: yellow">pharmacy error</span> at your local store.&nbsp;Now, a troubling <a href="http://www.wcnc.com/news/topstories/stories/wcnc-112508-mw-medication_mistakes.177ac0.html">report by WCNC </a>points to an incentive scheme at North Carolina's biggest chain <span style="background: yellow">pharmacy</span> as the cause of a growing number of <span style="background: yellow">errors</span> at the franchise.</p>
<p style="margin: 0in 0in 0pt">The company in question is CVS, which has the highest number of stores &ndash; 285 of them - in the state out of all the nationwide chains.&nbsp;According to the report, the distinction with other chains doesn't quite end there. CVS also has&nbsp;the highest number of citations from &nbsp;the North Carolina Pharmacy Board for prescription errors.&nbsp;In fact, the Board has repeatedly cited the chain for creating&nbsp;a work environment in which employees are likely to make mistakes.</p>
<p style="margin: 0in 0in 0pt">&nbsp;</p>
<p style="margin: 0in 0in 0pt">Regular customers who get their prescriptions filled at CVS are noticing the difference in service, the report says. Staff members often seem to be in a hurry to rush through prescriptions.&nbsp;It's not simply a desire to squeeze more out of their workday that's behind this high speed work environment.&nbsp;As the report points out, the company has incentive systems in place that reward employees based on the volume of prescriptions they fill.&nbsp;In fact, CVS pharmacists routinely receive updates on the amount of extra cash they stand to make depending on how quickly they can fill bottles with pills.</p>
<p style="margin: 0in 0in 0pt">&nbsp;</p>
<p style="margin: 0in 0in 0pt">The extent to which CVS has been able to continue this practice unchecked, is shocking.&nbsp;Consider these statistics &ndash; the Board of Pharmacy stipulates 150 as the number of prescriptions that can safely be filled by a pharmacist in a single day.&nbsp;At CVS, some former employees have gone on record to claim that on a busy day, it's not unusual for pharmacists to fill as many as 500 prescriptions.&nbsp;&nbsp;</p>]]><![CDATA[<p>&nbsp;</p>
<p style="margin: 0in 0in 0pt">In one complaint of <span style="background: yellow">pharmacy error</span> against CVS that was filed with the Board, a pregnant woman took home what she thought was anti-morning sickness medication from her local Salisbury CVS store.&nbsp;&nbsp; Only, it turned out to be a drug that's prescribed for patients with spinal injuries.&nbsp;When the Board investigated the number of prescriptions that were filled on the day of the potentially tragic mistake &ndash; a common practice when <span style="background: yellow">pharmacy errors</span> are reported &ndash; it was found that the pharmacist responsible had filled 513 prescriptions on that particular day.</p>
<p style="margin: 0in 0in 0pt">&nbsp;</p>
<p style="margin: 0in 0in 0pt">CVS itself sees nothing wrong with the speed at which prescriptions are filled at its stores.&nbsp;According to a spokesperson, certain speed is necessary in &quot;specific defined circumstances.&quot; &nbsp;&nbsp;The blas&eacute; attitude at CVS towards the concerns of the Board and the public, as well as the company's focus on volume and profits at the cost of patient safety, is appalling.&nbsp;But it's far from an isolated case.&nbsp;The push for profits over safety is common to most of the major nationwide pharmacies.&nbsp;The kind of prescription errors that result when pharmacists are counting the dollars that will be chalked up on their incentive sheets, instead of focusing on the name of the medication they are filling out, should be a cause for worry, not only for <span style="background: yellow"><a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html">pharmacy error lawyers</a></span>, but also consumers.</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/11/articles/pharmacy-error/incentive-scheme-at-cvs-found-linked-to-pharmacy-errors/</link>
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<category>CVS</category><category>Consumer Safety</category><category>Medical Malpractice</category><category>Personal Injury Law</category><category>Pharmacy Error</category><category>medication mistake</category><category>pharmacist mistake attorney</category><category>pharmacy error lawyer</category>
<pubDate>Wed, 26 Nov 2008 13:36:53 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Children at Increased Risk of Pharmacy Error in Adult Hospitals</title>
<description><![CDATA[<p>As a <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html">pharmacy error attorney</a>, I have witnessed first hand many cases where children and adults are given the wrong medication due to medications have similar names and sizes so they are easily confused by pharmacy staff. In addition, children taken to adult hospitals suffer injuries or fatalities because these hospitals carry mostly adult size doses of medication so when a child is treated, their medication is often confused with the appropriate adult size.<br />
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<p>According to an article from the <a href="http://www.ama-assn.org/amednews/2008/05/19/prsc0519.htm">American Medical News</a>, a shocking 11% of child patients have adverse drug events during hospital stays. Most of the results came from children staying in adult hospitals and given adult sized doses instead of the pediatric size. Dr. Sharek, chief clinical patient safety officer at Lucile Packard Children's Hospital in Palo Alto, Calif. said &ldquo;We are so used to writing pediatric, weight-based doses and when children are being cared for at adult hospitals staffed by adult-based nurses and adult-based pharmacists, that's a type of error that could theoretically occur a lot more frequently.&quot; The American Medical News goes on to say &ldquo;The Joint Commission, which accredits and certifies more than 15,000 U.S. health care organizations and programs, said in its sentinel event alert that children are at greater risk for adverse drug events. That's because most medications are formulated and packaged for adults, and most hospitals and emergency departments are geared toward caring for adults.&rdquo; The Joint Commission is further investigating these problems and suggests that hospitals identify and administer pediatric medications. Frank Federico, RPh, said &quot;Medication should be delivered to the nursing unit or available in ready-to-administer fashion. That way, there is less that nurses have to do and less chance for error.&rdquo;<br />
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<link>http://injurylaw.grossmanjustice.com/2008/05/articles/pharmacy-error/children-at-increased-risk-of-pharmacy-error-in-adult-hospitals/</link>
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<category>Consumer Safety</category><category>Medical Malpractice</category><category>Personal Injury Law</category><category>Pharmacy Error</category><category>hospital medication dispensing errors</category><category>hospital medication errors</category><category>hospital pharmacy errors</category><category>pediatric medication</category><category>pediatric medication dispensing errorrs</category><category>pediatric medication mistakes</category><category>pharmacy mistakes</category>
<pubDate>Wed, 28 May 2008 07:49:28 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Lawsuit Filed Against &quot;Dancing Dentist&quot;</title>
<description><![CDATA[<p>&quot;American Bandstand&quot; or your local dentist's office? <a href="http://www.foxnews.com/story/0,2933,307691,00.html">FoxNews.com</a> reported a lawsuit filed last month by a Syracuse, New York woman against&nbsp;her dentist who allegedly punctured her sinus cavity during a tooth extraction. The lawsuit claims the Dentist, Dr. George Trusty, was dancing to the 70's hit &quot;Car Wash&quot; while&nbsp;using a drill on the woman's molar. </p>
<p>Ms. Brandy Fanning, 31, of Syracuse, New York, said that as a result of the injuries she sustained by the dentist's actions, she had to undergo emergency surgery. According to court papers, Ms. Fanning is&nbsp;seeking $600,000 for her medical expenses, pain and suffering in the lawsuit she filed against Dr. Trusty in U.S. District Court in Syracuse last month. </p>
<p>&nbsp;</p>]]><![CDATA[<p>The lawsuit alleges that as Dr. Trusty was performing the procedure, the dentist was&nbsp;&quot;performing rhythmical steps and movements to the song Car Wash,&quot; which was on the radio. Ms. Fanning stated that while the dentist was drilling the molar&nbsp;prior to the&nbsp;extraction,&nbsp;she heard a snap, possibly the drill bit coming apart from the drill. <br />
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Ms. Fanning said that the dentist tried to use a metal hook to pull the bit out,&nbsp;but instead the bit was pushed farther up, through&nbsp;her sinus and bone. When Ms. Fanning asked what was happening, Trusty told her it wasn't a big deal and that she'd likely sneeze the drill bit out, the lawsuit said. <br />
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She then expressed alarm and Trusty called an oral surgeon, who was a friend, to get Fanning an appointment. When he got off the phone, he told her she needed to get to an emergency room immediately, according to the lawsuit. Fanning said doctors told her later that if she'd sneezed with the bit still inside, she could have blinded her left eye. <br />
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<link>http://injurylaw.grossmanjustice.com/2007/11/articles/medical-malpractice/lawsuit-filed-against-dancing-dentist/</link>
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<category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category>
<pubDate>Sun, 04 Nov 2007 07:52:41 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Justice is sought for victim of alleged pharmacy malpractice at Walgreens</title>
<description><![CDATA[<p>When I read this story, I was horrified by what happened to a newly pregnant St. Louis woman who went to Walgreens to fill a prescription for prenatal vitamins and was instead given a potent chemotherapy drug that killed her unborn child.&nbsp;The woman and her husband filed a lawsuit seeking some form of justice against&nbsp;the powerful pharmacy chain, alleging that Walgreens failed to properly supervise pharmacy personnel who dispensed the medicine, failed to verify the prescription with her physician, and failed to follow appropriate protocol. </p>
<p>The couple alleges in their complaint that she&nbsp;began to feel ill and began vomiting about a month into her pregnancy and assumed&nbsp;it was&nbsp;morning sickness, all the while taking what she thought were the prenatal vitamins.&nbsp; About a month later, she miscarried&nbsp;her baby.&nbsp;It is alleged that her unborn child was killed due to the ingesting of the potent chemotherapy drug.&nbsp; After her miscarriage, she continued to take the&nbsp;chemotherapy drugs (still thinking they were prenatal vitamins) because she believed that the vitamins would&nbsp;prepare her for a subsequent pregnancy. It wasn't until she telephoned Walgreens for&nbsp;a refill that&nbsp;the pharmacist realized the mistake.&nbsp; <a href="http://www.cnbc.com/id/21380970/for/cnbc">Please read the full article.</a>&nbsp; I implore you to write in about your own personal stories pertaining to pharmacy mistakes and errors and your opinions about what has happened to this couple.</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/10/articles/pharmacy-error/justice-is-sought-for-victim-of-alleged-pharmacy-malpractice-at-walgreens/</link>
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<category>Consumer Safety</category><category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category><category>Pharmacist Error</category><category>Pharmacy Error</category><category>Pharmacy Negligence</category><category>Walgreens</category><category>error</category><category>misfill</category><category>mistake</category><category>pharmacy</category><category>pharmacy mistakes</category><category>prescription</category><category>wrong</category>
<pubDate>Wed, 24 Oct 2007 20:51:58 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Calling all victims of chain pharmacy errors: tell me your story</title>
<description><![CDATA[Late last week, a friend of mine called the office to tell me about a co-worker who fell victim to the ever-increasing incidence of pharmacy error. The co-worker, let&rsquo;s call her &ldquo;Janet,&rdquo; hadn&rsquo;t been feeling well and visited her physician, who diagnosed a common infection and prescribed a course of antibiotics. Janet filled the prescription at her local chain pharmacy located in Western Monmouth County. Within a day or two after starting the medication, Janet was feeling increasingly sicker, and at one point, thought she was having a stroke, as one side of her body lost all sensation. Janet&rsquo;s husband rushed her to the emergency room; at first, the ER doctors thought she was suffering from a rare allergic reaction to the antibiotic, but soon learned that the pharmacy filled the prescription with the incorrect dosage, double the dosage originally prescribed by the doctor!]]>After a few days in the hospital, the drug was flushed out of her system and thankfully Janet was discharged from the hospital and did not suffer any permanent damage. My friend suggested she call me to talk about her experience, something she was not comfortable doing. I respect that, as I am sure she wants to leave the experience in the past, but I cannot stress enough the importance of reporting these types of errors. 

Pharmacy errors happen all the time, and while many of them do not result in permanent injury, plenty of them can and do. I believe that there is great value to you, the prescription-consuming public, to report every occurrence of pharmacy error and invite anyone who has experienced pharmacy error, whether it be a dosage error, a dispensing error, or an error in how to take a medication, to write me (anonymously is okay) here at the blog and share your story. (You can, of course, call me for a free, confidential consultation, as well). There is power in information and power in numbers. The more anecdotal evidence we can compile about this often swept-under-the-rug threat to public safety, the more ammunition we will have to demand more accountability, and obtain better more effective safeguards and protections.</description>
<link>http://injurylaw.grossmanjustice.com/2007/10/articles/pharmacy-error/calling-all-victims-of-chain-pharmacy-errors-tell-me-your-story/</link>
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<category>Consumer Safety</category><category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category><category>Pharmacy Error</category><category>Wrongful Death</category><category>dosage</category><category>error</category><category>injury</category><category>jersey</category><category>mistake</category><category>new</category><category>pharmacist</category><category>pharmacy</category><category>prescription</category><category>wrong</category>
<pubDate>Sun, 21 Oct 2007 20:03:50 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Victims in New Jersey who suffer serious physical harm from pharmacy related-errors will be denied all recourse should the members of the state legislature prevail in the passage of a bill that claims to help prevent pharmacy errors.</title>
<description><![CDATA[Citizens of New Jersey, would it shock you to learn that in response to concerns about a dangerous increase in pharmacy-related prescription errors, your state legislature has introduced a bill, which if enacted into law, would preclude all forms of recourse should your pharmacist&rsquo;s mistake cause you or your loved ones to suffer serious physical injuries.

Well it&rsquo;s hard to believe, but amazingly true: pharmacists would receive <u>total immunity</u> from civil liability for any errors committed resulting in serious harm as long as the error was reported to the New Jersey Board of Pharmacy. Even more astonishing is the likely effect the legislation will have on the large national and regional pharmacy chains- complete insulation from liability for the negligent acts of their pharmacist employees.]]><![CDATA[In 2003, Auburn University conducted a study of retail community pharmacies and dispensing errors. The study revealed the error rate was nearly one error per 55 prescriptions filled (1.72%). The researchers concluded that, for more than three billion prescriptions dispensed nationwide, 51.5 million pharmacy errors occur annually.

Just so we are all on the same page, I will define a pharmacy-related error. A pharmacy -related error occurs when a pharmacist:
<ul>
    <li>
    <div>dispenses the incorrect medication;</div>
    </li>
    <li>
    <div>dispenses the incorrect dosage of the correct medication;</div>
    </li>
    <li>
    <div>dispenses the correct medication with incorrect instructions;</div>
    </li>
    <li>
    <div>dispenses the incorrect drug quantity and strength; or</div>
    </li>
    <li>
    <div>fails to take into account known drug allergies or dangerous drug interactions with other medications being taken by a patient.</div>
    </li>
</ul>
<em>&ldquo;The Pharmacy Quality Improvement and Error Prevention Act&rdquo;</em>(A-1025) was passed in the New Jersey Assembly by an astonishing 76 to 0 vote in March 2006. As of this writing, the measure has been referred to the State Senate Commerce Committee for further consideration.</p>

The bill was originally introduced to the New Jersey Assembly by Assemblyman Jeff Van Drew (District 1). Van Drew, a dentist, sponsored the bill in response to a series of articles printed in The Press of Atlantic City during 2002 that chronicled how patients were harmed by faulty prescriptions caused by improper labeling or dosage, increased pharmacists&rsquo; workloads and other mistakes.</p>

&quot;To err is human, but pharmaceutical mistakes pose serious, life-threatening consequences. Pharmaceutical errors should not be shrugged off as trivial, rare occurrences, particularly when dealing with drugs that can stop a heart, trigger allergic reactions, or lead to a patient's death,&quot; said Assemblyman Van Drew.&nbsp;&nbsp; <a href="http://www.politicsnj.com/assemblyman-jeff-van-drew-6">See press release dated </a><strong>September 14, 2006</a>.&nbsp; It is important to note that all press releases from&nbsp;NJ Legislators failed to mention any information about the fact that the bill also contains language that would&nbsp;totally limit the rights of all seriously injured victims of pharmacy errors to seek&nbsp;compensation through our civil justice system. &nbsp;

Here&rsquo;s an overview of <strong><a href="http://www.njleg.state.nj.us/2006/Bills/A1500/1025_I1.PDF">A-1025</a></strong>(<a href="http://www.njleg.state.nj.us/2006/Bills/A1500/1025_I1.PDF">I encourage everyone to link to the bill and read it in its entirety</a>):

The bill begins with a discussion of a study that revealed that every year, more than 7,000 Americans die from medication errors and further, that the number of complaints filed with the New Jersey Board of Pharmacy concerning prescription errors has more than doubled in the past eight years. The bill calls for immediate action to reduce the possibility of prescription errors as they may seriously harm New Jersey citizens.

I agree whole-heartedly that intervening action is desperately needed in order to reduce pharmacy-related medication errors. With the increase in large retail pharmacy chains charged with generating large corporate profits, overworked pharmacy staffs are at risk of making life-threatening errors in increasing numbers. But my analysis of this bill suggests that public safety is not the driving force behind this legislation that the bill&rsquo;s sponsors would like us to believe it is. It would seem that surrounding the pharmacy industry in a cloak of secrecy and immunity is the way some legislators believe that the public good will be best served.

The bill establishes a 24-member task force called the &ldquo;New Jersey Task Force on Medication Error Prevention.&rdquo; Out of the 24 members of this task force, 17 are considered &ldquo;public members&rdquo; and the remaining seven members are heads of state agencies, representatives of state medical boards, and the Dean of School of Pharmacy at Rutgers. Eleven of the 17 public members are appointed by the recommendations of representatives of organizations of pharmacies, chain drug stores, pharmaceutical manufacturers, mail service pharmacies and health insurance carriers.

The stated purpose of the task force is to provide guidelines to assist the New Jersey Board of Pharmacy in medication error prevention, pharmacy quality improvement, and in the development of consumer education programs. These guidelines also set forth the types of situations in which registered pharmacists would be required to report to the Board when they believe a medication-related error may have occurred. <br />

Under the bill, where a patient has suffered &ldquo;serious&rdquo; or &ldquo;significant harm,&rdquo; a pharmacist would be required to report the error to the Pharmacy Board. The task force is also charged with considering what constitutes &ldquo;serious&rdquo; or &ldquo;significant harm&rdquo; and further, what information is required in such report. <br />

The bill also requires pharmacies to establish what is called a &ldquo;quality improvement program&rdquo; designed to document, review and assess the medication related-errors for the purpose of minimizing the incidents. This information is potentially valuable for analyzing why, where and how pharmacy errors occur so that measures to prevent if not eliminate errors can be developed in response. But here&rsquo;s the rub: any and all of the information gathered by a pharmacy&rsquo;s &ldquo;quality improvement program&rdquo; concerning medication-related errors is to be considered privileged and confidential and per the terms of this bill, cannot be released to the public for any purposes. It is only allowed to be reviewed internally. I cannot really think of many other professions where the negligent acts of its brethren can be kept hidden from the public via government sanction.

The public is prevented from obtaining knowledge as to whether the pharmacist who regularly fills their prescriptions has a history of committing dispensing errors, because that information is privileged. The State believes this is good for the public; the theory is that it will encourage pharmacy professionals to come forward and admit mistakes, hopefully learn from them and not repeat them. In effect, under the guise of public safety, it is the pharmacist who gets the protection after committing an error, and it is the public who is left out in the cold.

And I wonder how we would ever know whether this plan works in reducing dispensing errors if we are not able to gather the data surrounding dispensing errors?

If the confidentiality provision of the bill didn&rsquo;t grab your attention, maybe the total immunity concept will. Check this out:

<strong><u>Section 9, subsection c of the bill provides in relevant part that registered pharmacists who reports information to the Board relating to a medication-related error, shall be immune from liability in a civil action for any injury or damages in connection with that medication&ndash;related error.</u></strong>

My fellow New Jerseyans, it is time to wake up and realize what is going on here. This legislation is designed to create a protected class of people who are immune from liability and who are also allowed to self regulate bad behavior in secret under the guise of protecting the public at large. How would the public ever know if this legislation actually achieves its stated purpose when all of the data is completely sealed off from the public?

Regardless of how egregious the medication error or how serious the harm, the victim will be left with absolutely no remedy. He or she is supposed to be content with the fact that the Board shall police itself. Your right to protect yourself from injury by the negligent acts of pharmacies has been stripped away, all in the name of reducing pharmacy error.

If the State Legislature were serious about reducing the number of medication related errors it would start by adopting laws that impose restrictions on the number of hours a pharmacist can work during any shift.&nbsp;The demands on the chain pharmacies to maximize corporate profits through an assembly line production outfit ultimately leads to more mistakes and patient harm. &ldquo;In some retail locations, pharmacists are being asked to work 12 hour shifts, sometimes back to back. Pharmacists are asked to handle 30 prescriptions an hour. That&rsquo;s two minutes to fill a prescription, counsel a patient, and check for potential drug interactions.&nbsp;Pharmacists are under incredible pressure to crank out prescriptions.&nbsp;It&rsquo;s no wonder mistakes are being made.&rdquo; Says Phillip Grauss, a senior pharmacist at Kaiser Pernmanente.&nbsp;<a href="http://healthresources.caremark.com/topic/rxtrouble">See Caremark article</a>. <br />

Some states have taken a meaningful approach to reducing the rate of dispensing errors. In North Carolina, for instance, drugstores are now legally responsible when an overworked pharmacist makes a mistake while filling out more than 150 prescriptions per day. If this bill is made into law, then in New Jersey, chain pharmacies would never be held accountable for the negligence of its pharmacist employee, and this is supposed to be in the interest of protecting the consumers of New Jersey. I wonder how it came to be that this bill sailed through the State Assembly without any public outrage. What corporate interests were really behind the crafting of this legislation? Am I the lone voice of outrage here?

[1] Elizabeth Allan Flynn et al, <em>National Observational Study of Prescription Dispensing Accuracy and Safety in 50 Pharmacies, </em>43(2) J.AM. PHARM. ASSOC. 191-200 (2003). Copyright &copy; 2007 by Law Offices of Scott D. Grossman, LLC.

Scott D. Grossman is a New Jersey licensed attorney with a Master&rsquo;s degree in political science from Rutgers University and a passion for protecting patient and consumer rights.]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/04/articles/pharmacy-error/victims-in-new-jersey-who-suffer-serious-physical-harm-from-pharmacy-relatederrors-will-be-denied-all-recourse-should-the-members-of-the-state-legislature-prevail-in-the-passage-of-a-bill-that-claims-to-help-prevent-pharmacy-errors/</link>
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<category>Improper Prescriptions</category><category>Medical Malpractice</category><category>New Jersey pharmacist mistake</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category><category>Pharmacy Error</category><category>The Pharmacy Quality Improvement and Error Prevention Act</category><category>medication error</category><category>pharmacy mistakes</category><category>wrong prescription</category>
<pubDate>Sun, 08 Apr 2007 20:32:23 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<item>
<title>Pharmacy Error: A Silent (But Dangerous) Epidemic</title>
<description><![CDATA[<p>Tonight's <a href="http://abcnews.go.com/2020/">20/20 program</a> (see &quot;Tragic Mistakes&quot;) sheds light on what can only be called a silent epidemic of the occurrence of pharmacy errors across the nation. The segment featured the tragic story of a young mother who gave her four-month old daughter who was born prematurely what she thought was an anti-seizure medication. What she actually gave the infant was an adult dose of a diabetes medication, which left her daughter permanently disabled, unable to talk,&nbsp;walk or feed herself. Walgreen's, the national pharmacy chain, was responsible for the dispensing error, this act of negligence that caused irreparable harm. </p>]]><![CDATA[<p>This is not a new phenomenon. It happens more than you think. In an article published on <a href="http://www.msnbc.msn.com/id/13954142/">MSNBC.com</a> in the summer of&nbsp;2006, it was reported that each year, as many as 1.5 million Americans suffer illness, injury or death because of mistakes made in prescribing, dispensing and taking prescription drugs. And it has been estimated in a report published in 1999 by the Institute of Medicine of the National Academies that more than 7,000 people in the U.S. die annually from medication errors. </p>
<p>The problem is that&nbsp;when pharmacy errors happen, the national chains most often times strong arm the victims into signing confidentiality agreements so the public never knows the extent of the problem that is pharmacists' negligence. And, in 46 states across the nation, there is no requirement for drug stores to report pharmacy errors. </p>
<p>Pharmacy&nbsp;negligence is on the rise, especially among the nationally recognized chains, because the pharmacists working there are overworked, often pulling twelve hour shifts, and this pressure is leading to fatal mistakes. This is a classic example of how corporate profits, the need to boost them at all costs, trumps the public interest. </p>
<p>Even if pharmacy errors are reported to the pharmacy board of a given state, most states have enacted legislation protecting the data, treating it as privileged and confidential; therefore, not subject to discovery, use or subpoena, or admissible as evidence in any administrative, disciplinary, civil or other proceeding, except for internal review purposes. So essentially pharmacies across the nation get the green light to police themselves, a task at which they are failing, and no one else gets to know about it.</p>
<p>The intent of these protective laws is to encourage the reporting of such errors by the pharmacists themselves so that the industry&nbsp;can learn from these mistakes, thus reducing the incidence of misfills. While that may be a good objective, on the flip side, it also serves to completely insulate the public from vital information they need in order to protect themselves from egregious or repeat offenders. We need to strike some level of balance, to encourage safer practices, to encourage the reporting of incidence, and to keep the public informed and safe. </p>
<p>&nbsp;</p>
<p>&nbsp;</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/03/articles/pharmacy-error/pharmacy-error-a-silent-but-dangerous-epidemic/</link>
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<category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category><category>Pharmacy Error</category><category>Traumatic Brain Injury</category><category>Wrongful Death</category>
<pubDate>Fri, 30 Mar 2007 22:36:45 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

</item>
<item>
<title>What is Medical Malpractice?</title>
<description><![CDATA[Doctors, nurses and other health care providers spend a great deal of time learning how to treat a great variety of illnesses and physical maladies. As a group they are professionals dedicated to helping alleviate the ailments that can plague mankind. Unfortunately, health care providers can also make mistakes. When mistakes are made the effects can be devastating. In fact, according to the National Academy of Sciences, approximately 98,000 Americans die from &quot;medical mistakes&quot; each year. <br />
<br />]]><![CDATA[Medical malpractice is a form of negligence involving a medical treatment provider. If someone is injured as a result of a treatment provider's digression from the standard of care, that treater may be liable for the injury that has occurred. The determination of whether a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region. In other words, what would a reasonably competent medical professional practicing in the same field as the defendant, and in the same area of the defendant, do under the circumstances that the defendant was facing with respect to care and treatment of the patient? <br />
<br />
Medical malpractice does not occur every time there is a bad outcome from treatment. It is simply a duty to provide good care according to the accepted standards of the community and/or the accepted standards of a particular medical specialty. The law generally recognizes the practice of medicine as an &quot;art&quot; rather than as an exact science. Therefore, some latitude is given to practitioners with respect to the manner in which they choose to address the problems of specific patients. <br />
<br />
<a href="http://www.grossmanjustice.com/medical_malpractice.shtml">www.grossmanjustice.com/medical_malpractice.shtml</a><br />
<br />]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/02/articles/medical-malpractice/what-is-medical-malpractice/</link>
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<category>Medical Malpractice</category>
<pubDate>Sun, 11 Feb 2007 15:09:45 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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