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<title>Patients&apos; Rights - New Jersey Accident and Injury Law Blog</title>
<link>http://injurylaw.grossmanjustice.com/articles/pharmacy-error/</link>
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<language>en-us</language>
<copyright>Copyright 2008</copyright>
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<pubDate>Wed, 31 Dec 2008 12:28:42 -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>
<p>&nbsp;</p>]]></description>
<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>Ohio Testing New E-Prescription System to Boost Efficiency, Reduce Pharmacy Errors</title>
<description><![CDATA[<p>Pharmacies and physicians in Ohio are <a href="http://www.cantonrep.com/lifestyle/health/x1049866040/Physicians-pharmacies-test-paperless-prescription-program"><strong>test driving an electronic prescription system</strong></a> that marks a move from old, handwritten paper prescription to paperless prescription procedures, promising among other things, the reduction of errors.</p>
<p>Physicians in some counties already have the e-prescription system installed, and have been using it with success.&nbsp;There has been a lot of positive feedback about the system that allow doctors to maintain records of patients, and then send their prescriptions to the pharmacy to be filled and ready by the time the patient gets there. The program is part of a nationwide promotion of the system by the federal government including a <a href="http://techlime.com/health-beauty-fitness-fashion-apparel/medicare-offering-bonuses-to-doctors-who-use-e-prescriptions"><strong>Medicare bonus incentive for doctors</strong></a> who prescribe through the system, that's expected to kick off in 2009.</p>]]><![CDATA[<p>Among the obvious <a href="http://www.learnabouteprescriptions.com/benefits.aspx"><strong>advantages of the system</strong></a> is greater efficiency, increased speed, and consequently, a reduction in the amount of time patients have to wait at a pharmacy while a prescription is being filled. One of the biggest grouses people have is the wait time it takes for their prescription to be ready, and this system promises to cut that time drastically to almost nil.&nbsp;There have been complaints however, that the system is not as time efficient as it should be.&nbsp;</p>
<p>But the biggest advantage could be in the doing away with handwritten prescriptions, often in a physician's illegible handwriting, and the move to an electronic system which is uniformly legible and understandable.&nbsp;This takes away at least one factor that results in <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.html"><strong>pharmacy errors</strong></a>, out of the equation - doctor's often hurried and unintelligible handwriting.&nbsp;But the system does not factor in the other aspects that often play a greater part in pharmacy errors, like the speed with which prescriptions are filled. Pharmacists at chain pharmacies are often under pressure to fill as many prescriptions as humanly possible, or <a href="http://injurylaw.grossmanjustice.com/2008/11/articles/pharmacy-error/incentive-scheme-at-cvs-found-linked-to-pharmacy-errors/"><strong>have incentives to do so</strong></a> which only increases the risk for potentially dangerous medication mistakes.&nbsp;The system also won't take into account factors like fatigue, overwork, stress and others that can contribute to an error while filling a prescription.&nbsp;It also won't deal with similar sounding drug names.&nbsp;&nbsp; Already, pharmacists complain that the system comes with some software issues that could compound the error potential.&nbsp;For instance, the system dispenses directions for liquid medications along with tablet or capsule prescriptions. Plus, it takes time to set up, although it's easy to use once it's actually installed.</p>
<p>There are an approximate 85,000 doctors around the country who have electronic prescription systems installed, and more than 70 percent of pharmacies in the country accept these.&nbsp;How well the system will work over the long run, especially after the bonus system adds incentive to prescribe electronically, will have to be seen.</p>
<p>&nbsp;</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/12/articles/pharmacy-error/ohio-testing-new-eprescription-system-to-boost-efficiency-reduce-pharmacy-errors/</link>
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<category>Patients&apos; Rights</category><category>Pharmacy Error</category>
<pubDate>Wed, 24 Dec 2008 10:46:06 -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>
<p>&nbsp;</p>
<p>&nbsp;</p>]]></description>
<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>New Hampshire Pharmacy Error Oversight System is a Bitter Pill to Swallow</title>
<description><![CDATA[<p>New Hampshire's Pharmacy Board has a neat way of protecting their pharmacists from <a href="http://www.grossmanjustice.com/lawyer-attorney-1219831.htmlhttp:/www.grossmanjustice.com/lawyer-attorney-1219831.html">pharmacy error lawsuits</a> &ndash; if an error doesn't result in any disciplinary action, they simply don&rsquo;t record the incident.</p>
<p>As this <a href="http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20081130/NEWS01/311309920/-1/XML15">report</a> reveals, because of this protective system, citizens have no way of telling how many errors a particular pharmacy or pharmacist has scored on their tally.&nbsp;The <a href="http://www.nh.gov/pharmacy/">State Board of Pharmacy</a> only releases records to the public in case there is any disciplinary action taken against the pharmacist in question, for his error.&nbsp;The Board admits it takes this step to protect the pharmacies and pharmacists.&nbsp;The pharmacies may be safe and protected. But who, we wonder, is responsible for protecting citizens? When records are available for public review only in the event of&nbsp;a disciplinary action, then it becomes hard for people to know exactly how many pharmacies have been diligent in following regulations and maintaining safe dispensing practices, and how many have been casually sweeping pharmacy errors under the&nbsp;Board's carpet.&nbsp;</p>]]><![CDATA[<p>The Board claims that just because not all pharmacy errors come up for disciplinary action doesn't mean that pharmacists are running wild making blatant violations of rules.&nbsp;It insists that there are some violations which would absolutely warrant a Board intervention. These include repeated negligence, drug or alcohol use by an employee, willful misconduct, or repeated violations. So basically, a pharmacist has to make repeated errors for the Board to actually hold him accountable for it.</p>
<p>The extent of protection and privacy that's being afforded to New Hampshire pharmacies and their pharmacists is of concern to citizens' groups who worry about the lack of transparency in the oversight system.&nbsp;If all you can expect in case of an error is that the Board will decide whether to merely let off the pharmacist with an unrecorded warning, or take it to the next level, then it becomes hard to make any assumptions about the safety of your regular pharmacy.&nbsp;As Board members themselves point out, very few of the violations cases actually come up before the Board for action.&nbsp;Last year, inspectors brought exactly five pharmacy error complaints to the Board's notice.&nbsp;The year before that, the number was one.</p>
<p>To have pharmacists receive this level of protection from oversight and corrective measures is shocking to <a href="http://www.grossmanjustice.com/index.html">pharmacy error lawyers</a> like me, who have been pushing for greater transparency and accountability in the country's' pharmacy chains.&nbsp;Citizens have the right to know how many pharmacists at exactly which pharmacy have been cited for errors.&nbsp;Ultimately, it's public health and safety we're talking about here, and there needs to be accountability. &nbsp;&nbsp;</p>
<p>&nbsp;</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/12/articles/pharmacy-error/new-hampshire-pharmacy-error-oversight-system-is-a-bitter-pill-to-swallow/</link>
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<category>Patients&apos; Rights</category><category>Pharmacy Error</category>
<pubDate>Fri, 19 Dec 2008 11:16:21 -0500</pubDate>
<author>rayaanmd@gmail.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 />
<br />
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 />
<br />
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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</p>]]></description>
<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>
<guid isPermaLink="false">http://injurylaw.grossmanjustice.com/2007/10/articles/pharmacy-error/justice-is-sought-for-victim-of-alleged-pharmacy-malpractice-at-walgreens/</guid>
<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>
<guid isPermaLink="false">http://injurylaw.grossmanjustice.com/2007/10/articles/pharmacy-error/calling-all-victims-of-chain-pharmacy-errors-tell-me-your-story/</guid>
<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>Allstate et al., You&apos;ve Got It All Wrong...</title>
<description><![CDATA[<p>I'm feeling particularly cranky today. In my continuing tirade against the auto insurance industry's apparent war against its insureds, I want to once again address the way in which, you, the consumer, with the good driving record, who has dutifully paid premiums on time, is getting the shaft by your insurer.&nbsp;God help us all if we need our auto insurance to pay our medical bills after a motor vehicle accident. </p>]]><![CDATA[<p>Earlier this year, <a href="http://www.cnn.com/2007/US/02/09/insurance.hardball/index.html">CNN</a> reported on its 18-month investigation into minor-impact soft-tissue injury crashes around the country and the auto insurance industry's role in processing claims. What CNN found was astounding and maddening, and we need to get angry and do something about it. </p>
<p>Auto insurers are clearly in the driver's seat when it comes to paying claims, using the &quot;<a href="http://www.cnn.com/CNN/Programs/anderson.cooper.360/blog/2007/02/insurance-companies-fight-paying.html">delay, deny, defend</a>&quot; strategy to wear down their insureds has proven profitable for the insurers, and has done nothing for consumers. Here's the irony, if the insurance companies are reducing the amount of money they have to pay out in claims, and have targeted&nbsp;soft tissue injury claims&nbsp;to improve their bottom lines, (using what can only be described as harassment tactics--painting the insured as a defrauder, denying claims, making lawsuits expensive, failing to return repeat communications), you would think that this would at least lead to a savings that the consumer would appreciably feel in lowered&nbsp;premiums. Not so. The time has come to fight back.</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/08/articles/insurance-law/allstate-et-al-youve-got-it-all-wrong/</link>
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<category>Insurance Law</category><category>Motor Vehicle Accidents</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category>
<pubDate>Tue, 14 Aug 2007 16:17:39 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Hey Publix, Why Don&apos;t You Run for President?</title>
<description><![CDATA[<p>Last week, the Florida based supermarket chain <a href="http://www.publix.com/about/newsroom/NewsReleaseItem.do?newsReleaseItemPK=2636">Publix&nbsp;Super Markets</a>&nbsp;announced the launch of&nbsp;its free prescription drug program at its 684 Publix Pharmacies for seven well-known antibiotics. <br />
Customers will only have to provide&nbsp;their prescription and they can get up to a two week supply, filled at no charge, regardless of&nbsp;prescription insurance provider. Bravo Publix!<br />
</p>
<p>&nbsp;</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/08/articles/patients-rights/hey-publix-why-dont-you-run-for-president/</link>
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<category>Patients&apos; Rights</category>
<pubDate>Tue, 14 Aug 2007 16:09:37 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Pharmacy Errors Committed at Walgreen&apos;s... Again</title>
<description><![CDATA[A recent post on <a href="http://blogs.abcnews.com/theblotter/2007/04/new_pharmacy_er.html">The Blotter</a>, an ABC News Blog, reported yet another incident of pharmacy negligence in the wake of the report on &quot;20/20&quot; last month. This time, a seven year old&nbsp; Modesto, California boy was given an adult high blood pressure medication by a Walgreen's pharmacy, instead of the medication he needed for a mental health condition. The boy ended up in the hospital and the boy's mother was urged to report the incident. Not knowing where to turn, she called ABC News. The drug the boy was given, Toprol XL, is usually administered to adults with high blood pressure. The drug the boy was supposed to take was Tegretol-XR.&nbsp; Both drugs sound very similar and are apparently often confused, to the point that in 2005, the FDA issued a warning about the potential for confusing these two medications. In the case of the seven year old, Walgreen's released a statement to ABC News, whereby it shifted some of the blame to the boy's doctor for hand writing the prescription which was ultimately misread by the pharmacy. <br />
<br />]]><![CDATA[<br />
You may recall in an earlier post, I discussed the&nbsp; &quot;20/20&quot; pharmacy errors investigation. The program&nbsp; found there were no federal regulations aimed at dealing with pharmacy errors, and only a few states require drugstores to report pharmacy errors. There are also no federal standards for pharmacy technicians, who can fill prescriptions and who can often be high school students with minimal training. All of this is alarming, frightening and dangerous for the American public. <br />
<br />
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<link>http://injurylaw.grossmanjustice.com/2007/04/articles/pharmacy-error/pharmacy-errors-committed-at-walgreens-again/</link>
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<category>Patients&apos; Rights</category><category>Personal Injury Law</category><category>Pharmacy Error</category>
<pubDate>Tue, 24 Apr 2007 14:22:47 -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:
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    <div>dispenses the incorrect medication;</div>
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    <div>dispenses the incorrect dosage of the correct medication;</div>
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    <div>dispenses the correct medication with incorrect instructions;</div>
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    <li>
    <div>dispenses the incorrect drug quantity and strength; or</div>
    </li>
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    <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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<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>
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<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>

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<title>New FDA Rules Impose Objectivity on Drug Approvals</title>
<description><![CDATA[The <a href="http://www.fda.gov/bbs/topics/NEWS/2007/NEW01591.html">Food and Drug Administration (FDA) </a>announced last week that it intends to implement a tougher&nbsp; approach when considering potential conflicts of interest for its advisory committee members and for recommending eligibility for meeting participation. Doctors who receive more than $50,000 from a company or a competitor whose product is being discussed would no longer be allowed to serve on the committees.<br />
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The new rules are important, as these doctors, powerful advisers who receive payments from drug companies, have enormous influence over ultimately what drugs are approved, and this has shown to be a potentially dangerous situation for the public, while making drug companies millions of dollars. <br />
<br />]]><![CDATA[In an article in <a href="http://www.nytimes.com/2007/03/22/washington/22fda.html?ex=1332302400&amp;en=f48d758193541f30&amp;ei=5124&amp;partner=permalink&amp;exprod=permalink">The New York Times</a> this week, it was reported that 10 of the 32 advisers who voted in 2005 to allow the painkiller Bextra to remain on the market and the painkiller Vioxx to return to the market despite safety worries had taken money from the drug makers. Under the new rules, their votes would not have counted and the committee would have voted to keep both drugs off the market.<br />
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<link>http://injurylaw.grossmanjustice.com/2007/03/articles/patients-rights/new-fda-rules-impose-objectivity-on-drug-approvals/</link>
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<category>Patients&apos; Rights</category>
<pubDate>Tue, 27 Mar 2007 09:08:41 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Doctors and Drug Companies: Not Strange Bedfellows</title>
<description><![CDATA[<p>Let's say you go to your internist this past winter complaining of a sinus infection. Your trusted doctor prescribes you a brand new antibiotic, not the usual one you've tolerated well and taken in the past. Why did he prescribe this new drug as opposed to the old standby? Is it because your doctor believes this new drug is the state of the art in fighting sinus infections... or is&nbsp;something else motivating him?</p>
<p>The pharmaceutical industry's influence on doctors' prescribing practices looms largely in the background in today's medical practice. It's more than lunches or free pens from the perky sales rep dispensing free samples with the office manager. Way more. </p>
<p>&nbsp;</p>]]><![CDATA[<p>A&nbsp;recent article published in <a href="http://www.nytimes.com/2007/03/21/us/21drug.html?ex=1332216000&amp;en=23da3387467b1ab5&amp;ei=5124&amp;partner=permalink&amp;exprod=permalink">The New York Times</a> exposed that all over the country, doctors, nurses, and&nbsp;other health care professionals&nbsp;often receive large payouts from drug companies in exchange for the promotion of certain medications. It's a bit more subtle than the image of doctors waiting in line at the door of the drug company, hands&nbsp;a-waiting for a check. Rather, doctors deliver lectures about the new drugs to other doctors, they sit on committees that prepare guidelines for instructing doctors on when to use certain medications, and in exchange, they receive considerable sums of money, sometimes in the six-figures. </p>
<p>These practices obscure objectivity and beg the question, whose side is the doctor really on when he breaks out that prescription pad?</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/03/articles/patients-rights/doctors-and-drug-companies-not-strange-bedfellows/</link>
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<category>Patient Advocacy</category><category>Patients&apos; Rights</category><category>Pharmaceutical Industry Influence</category><category>Pharmacy Error</category><category>Prescriptions</category>
<pubDate>Sun, 25 Mar 2007 20:35:35 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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