Search the hub
Showing results for tags 'Legal issue'.
Found 569 results
-
News Article
Netherlands: First Long Covid legal cases involve healthcare staff
Patient Safety Learning posted a news article in News
At least five people in the Netherlands who developed Long Covid through their jobs are planning to sue their employers for financial and emotional damage, according to RTL Nieuws. But lawyers, unions, company doctors and academics expect many more cases will arise and say they could take years to reach a conclusion, RTL said. One case involves a residential care nurse who was told to take care of a patient without protective clothing. It later transpired that the unit manager knew the patient may have had coronavirus. The nurse has been at home for almost two years with Long Covid, and her salary has been reduced in line with sick pay regulations. Ambulance worker Lenny Wagemans is also holding her former employer responsible for her illness. She picked up coronavirus in March 2020 after a patient coughed all over during a trip to hospital. She too did not have a face mask or other protection. Dealing with work related illnesses is often complex and with Covid it is difficult to establish exactly where an infection took place, said Utrecht University researcher Marlou Overheul. ‘You might have picked up coronavirus somewhere else and that can have an impact on a damages claim,’ she said. The Federation of Dutch Trade Unions said last month over 500 healthcare workers face losing their jobs because they are suffering from Long Covid and have been on sick pay for the regulation two years. MPs have voted in favour of a motion which calls on the government to formally recognise Long Covid as an illness and which will ensure all nursing staff are entitled to invalidity benefits. The government has asked the national health council to make recommendations about how to deal with Long Covid which will be published in the first quarter of this year. Read full story Source: Dutch News, 20 February 2022 -
News Article
Families sue government for failing to protect care homes from Covid
Patient-Safety-Learning posted a news article in News
Thirty families are starting legal action against the government, care homes and several hospitals in England over the deaths of their relatives in the early days of the Covid pandemic. The families argue not enough was done to protect their loved ones from the virus. They are claiming damages for loss of life and the distress caused. The government says it specifically sought to safeguard care home residents using the best evidence available. The legal claims focus on the decision in March 2020 to rapidly discharge hospital patients into care homes without testing or a requirement for them to isolate. The cases follow a 2022 High Court judgement that ruled the policy was unlawful - as it failed to take into account the risk to elderly and vulnerable care home residents of asymptomatic transmission of the virus. One of the cases is being brought by Liz Weager, whose 95-year-old mother Margaret tested positive for the virus in her care home in May 2020 and died later in hospital. "What was happening in the management of those care homes? What advice were they having?" Liz asks. "It goes back to the government. There was a lack of preparedness, which then translated down to the care home." Read full story Source: BBC News, 25 August 2023 -
News Article
Lucy Letby: NHS could face record compensation bill of more than £60m
Patient Safety Learning posted a news article in News
The NHS could face a record compensation bill of more than £60m from civil claims lodged by the families of Lucy Letby’s victims, experts have said. Parents whose babies have disabilities caused by Letby’s attacks at the Countess of Chester hospital could each expect to receive a payout of more than £10m to fund their future care. Compensation paid by the NHS to parents whose babies died or were left with disabilities as a result of care at Shrewsbury hospital in Britain’s largest maternity scandal reportedly amounted to almost £50m. In a separate case, the health service had to pay £37m to a boy who was left brain damaged at birth. Stephen Jones, the head of Leigh Day’s medical negligence team in Manchester, said the trust could argue that by committing the offences, Letby breached the employer-employee relationship to an extent such that it was not responsible for her. But he added: “I think there would be outrage that the trust wouldn’t accept responsibility for babies in their care.” He said compensation could run into eight figures for a family whose baby was severely injured and had a long life expectancy. Emma Wray, a partner in Hodge Jones & Allen’s medical negligence department, suggested the NHS could set up a scheme for victims, as it has done with other scandals, to make claiming compensation easier. Read full story Source: The Guardian, 23 August 2023 -
News Article
Managers wrongly dismissed doctor with PTSD, tribunal rules
Patient Safety Learning posted a news article in News
A trust breached its own internal illness policy when managers sacked a doctor who had PTSD and had been drunk at work, an employment tribunal has ruled. Judges criticised the move as a “complete failure” by East and North Hertfordshire Trust when Vladimir Filipovich was dismissed in July 2019. Dr Filipovich was summoned to a hearing following allegations he had been drunk at work, did not disclose a diagnosis of post-traumatic stress disorder to his employer, and failed to take a recommended prescription of Citalopram. In a decision published this month, the tribunal sharply criticised how the trust’s investigator handled the Citalopram claim, concluding he “did nothing to investigate the matter whatsoever”, and found ENHT had “appeared to simply take legal advice” on how to dismiss Dr Filipovich. The tribunal also concluded ENHT “stopped following” its own illness policy, which aimed to get practitioners to return to work, and “abandoned” its requirement to obtain the latest occupational advice. Read full story (paywalled) Source: HSJ, 21 July 2023 -
News Article
NHS trust criticised over deaths of new mothers from herpes
Patient Safety Learning posted a news article in News
A coroner has criticised an NHS trust over the deaths of two new mothers with herpes. Kimberley Sampson, 29, and Samantha Mulcahy, 32, died in 2018 after having caesarean sections six weeks apart by the same surgeon at hospitals in Kent. Their families have been waiting five years for answers on how they came to be infected with the virus, which can cause sores around the mouth or genitals. Catherine Wood, Mid Kent and Medway coroner, said Sampson could have been given an anti-viral treatment sooner. Wood added that in Mulcahy’s case “suspicion should have been raised” given the knowledge among staff from Sampson’s earlier death. The coroner ruled out human culpability of any of the medical staff involved in the case and said it was “unlikely” for the surgeon to be the cause of the herpes infection found in both women. Read full story Source: The Guardian, 14 July 2023 -
News Article
Ian Paterson: Eleven further inquests set to open
Patient Safety Learning posted a news article in News
A further 11 inquests are to be opened this week as part of an investigation into dozens of deaths linked to jailed breast surgeon Ian Paterson. Paterson is currently serving a 20-year sentence after he carried out unnecessary or unapproved procedures on more than 1,000 breast cancer patients. Judge Richard Foster said 417 cases of former patients had been reviewed. The inquests will open and be adjourned on Friday. More than 30 deaths are already the subject of an inquest. Paterson worked at Spire Parkway Hospital and Spire Little Aston Hospital in the West Midlands between 1997 and 2011, as well as NHS hospitals run by the Heart of England NHS Foundation Trust. Paterson was jailed in 2017 after being convicted of 17 counts of wounding with intent. An independent inquiry found he had been free to perform harmful surgery in NHS and private hospitals due to "a culture of avoidance and denial" in a healthcare system where there was "wilful blindness" to his behaviour. Read full story Source: BBC News, 10 July 2023 -
News Article
New data reveals impact of avoidable injuries
Patient Safety Learning posted a news article in News
30,000 people believe they are victims of negligence each week in the UK, new research carried out by YouGov for Injury Awareness Week (26-30 June) has found. Participants were asked if they have suffered an injury or illness in the last year which was caused because of negligence, for example by another road user, an employer, a colleague, or a medic. “We need to shine a light on the impact these injuries can have on people who were doing nothing more than living their lives before they fell victim to the recklessness or carelessness of others,” said Mike Benner, chief executive of the Association of Personal Injury Lawyers (APIL) which commissioned the Injury Awareness Week study. “Often these injures are severe, some are life-changing, and some are life-ending,” he said. “The fact that the harm has been caused by negligence is significant, because negligence could and should be avoided,” said Mr Benner. “An accident is simply an incident which no-one could have reasonably foreseen. Negligence is doing something, or failing to do something, that could cause injury to others. Employers have a duty to make sure we return home from a day’s work unscathed, for example, and drivers need to take care to not harm fellow road users. “If someone were to take one thing away from this Injury Awareness Week, it’s the knowledge that any one of us could be among the 30,000 injured needlessly in a week. Avoidable injuries are an issue we should all be concerned about,” he said. Read full story Source: APIL, 22 June 2023 -
News Article
Malta to allow abortion but only when woman’s life is at risk
Patient Safety Learning posted a news article in News
Maltese lawmakers have unanimously approved legislation to ease the strictest abortion laws in the EU, voting to allow terminations – but only in cases where a woman’s life is at risk. Ahead of the vote on Wednesday, pro-choice campaigners withdrew their support, saying last-minute changes make the legislation “vague, unworkable and even dangerous”. The original bill allowing access to abortion if a pregnant woman’s life or health is in danger was hailed as a step in the right direction for Malta, a majority-Catholic country. It was introduced last November after an American tourist who miscarried had to be airlifted off the Mediterranean island nation to be treated. Under the amendments, however, a risk to health is not enough. A woman must be at risk of death to access an abortion, and then only after three specialists consent. The new legislation allows a doctor to terminate a pregnancy without specialist consultation only if the mother’s life is at immediate risk. Read full story Source: The Guardian, 28 June 2023 -
News ArticleAn inquiry investigating deaths of mental health patients in Essex has been given extra powers, in a victory for campaigners. Health Secretary Steve Barclay told Parliament that the probe would be placed on a statutory footing. It means the inquiry can force witnesses to give evidence, including former staff who have previously worked for services within the county. Mr Barclay said he was committed to getting answers for the families. He told the Commons: "I hope today's announcement will come as some comfort to the brave families who have done so much to raise awareness." The Secretary of State added that under the new powers anyone refusing to give evidence could be fined. Melanie Leahy, whose son Matthew died while an inpatient at the Linden Centre in Chelmsford in 2012, is among those who have long campaigned for the inquiry to be upgraded. "Today's announcement marks the start of the next chapter in our mission to find out how our loved ones could be so badly failed by those who were meant to care for them," said Ms Leahy. "I welcome today's long overdue government announcement and I look forward to working with the inquiry team as they look to shape their terms of reference." Read full story Source: BBC News, 28 June 2023
-
News ArticleThe American Medical Association and three other major health groups have warned that patients across the nation could suffer “irreparable harm” due to the shattered legal landscape left in the wake of the Supreme Court’s decision to overturn Roe v. Wade. In a statement, co-authored with the American Pharmacists Association, the American Society of Health-Systems Pharmacists and the National Community Pharmacists Association, the groups said they were deeply concerned by state efforts to limit access to medically necessary medicine. Ongoing questions about state laws are already impacting patients, and language in newly enacted rules is “vague,” “unclear” and “disrupting care,” they said. “Physicians, pharmacists, and other health care professionals face a confusing legal landscape due to state laws’ lack of clarity, confusing language, and unknown implementation by regulatory and enforcement bodies,” the statement reads. “Without such guidance, we are deeply concerned that our patients will lose access to care and suffer irreparable harm.” The groups pointed to reports that some hospitals had prioritised caution over healthcare, others that have removed emergency contraceptives from kits for victims of sexual assault and pharmacies that have imposed “burdensome” steps for prescriptions. Read full story Source: HuffPost, 9 September 2022
-
News Article
Johnson & Johnson reaches $300m settlement over pelvic mesh implants
Patient Safety Learning posted a news article in News
Pelvic mesh implant manufacturer Johnson & Johnson group has reached a $300m settlement in two class actions, after thousands of women worldwide reported complications from the mesh products including chronic pain, painful sexual intercourse and incontinence. It marks the largest settlement in a product liability class action in Australian history, and is subject to federal court approval. Shine Lawyers led the Australian class actions and alleged Johnson & Johnson failed to properly test the devices and played down their risk to both surgeons and patients. Women have suffered complications including mesh exposure and erosion – when the mesh pokes through the vaginal wall or cuts through internal tissue – vaginal scarring, fistula formation, painful sex, and pelvic, back and leg pains. Some of these complications may occur years after surgery and can be difficult to treat. Shine Lawyers’ Rebecca Jancauskas said the settlement would help support women’s ongoing treatment needs. “We welcome this settlement which brings the litigation to an end,” she said. “If the federal court approves the settlement our focus will shift to the important task of distributing the settlement to group members.” Read full story Source: The Guardian, 12 September 2022 -
News ArticleThe NHS accused vaginal mesh victims fighting for compensation of lying about pain, it has been claimed. Women suing hospitals over harm they suffered following mesh operations are being subjected to “devastating” treatment, according to Robert Rose, the head of clinical negligence at law firm Lime Solicitors. Campaign group Sling the Mesh, which represents thousands of patients, said it had received reports of those injured claiming they have been told their symptoms are psychosomatic, that their evidence is not convincing because of their mental state, or that they are lying about their pain. It comes as MPs are set to hold an inquiry following up on the Independent Medicines and Medical Devices (IMMD) Safety Review, chaired by Baroness Cumberlege in 2020, which looked into cases of patients being harmed by mesh procedures, sodium valproate, and hormone pregnancy tests. Lady Cumberlege called for the government to launch a redress scheme for patients in order to provide them with financial support without the need for them to go through clinical negligence battles. Lisa, whose name has been changed to protect her identity, launched her claim in 2016, and it was settled this summer when a judge ruled in her favour. Documents shared with The Independent reveal that NHS lawyers argued she was being “dishonest” about her injuries, and presented video surveillance. The judge subsequently ruled that she had not been dishonest. Speaking about her ordeal, Lisa said: “Once they decided that I’d been dishonest, it changed from admitting liability to basically working out pain levels and stuff like that, and I had to prove that I wasn’t being dishonest. It was genuinely the worst thing I’ve ever gone through, ever. There’s not even a word that I can use to describe it, to say how it made me feel. The stress of it was just immense." Read full story Source: The Independent, 11 September 2022 Further reading Doctors shocking comments to women harmed by mesh Specialist mesh centres are failing to offer adequate support to women harmed by mesh (Patient Safety Learning and Sling the Mesh) “There’s no problem with the mesh”: A personal account of the struggle to get vaginal mesh removal surgery
-
News ArticleNurses in North Carolina, USA, can now be sued for patient harm that results from them following physicians' orders, the state Supreme Court ruled last month. The 19 August ruling strikes down a 90-year-old precedent set by the 1932 case Byrd v. Marion General Hospital, which protected nurses from culpability for obeying and executing orders from a physician or surgeon, unless the order was obviously negligent. The North Carolina Supreme Court overturned this ruling in a 3-2 opinion as part of a separate case involving a young child who experienced permanent anoxic brain damage during an ablation procedure at a North Carolina hospital in 2010. The ruling means the certified registered nurse anaesthetist involved in the ablation could be held liable for the patient's harm. "Due to the evolution of the medical profession's recognition of the increased specialization and independence of nurses in the treatment of patients over the course of the ensuing ninety years since this Court's issuance of the Byrd opinion, we determine that it is timely and appropriate to overrule Byrd as it is applied to the facts of this case," Justice Michael Morgan wrote in the opinion. Read full story Source: Becker's Hospital Review, 6 September 2022
-
News Article
California approves bill to punish doctors who spread false information
Patient Safety Learning posted a news article in News
Trying to strike a balance between free speech and public health, California’s Legislature on Monday approved a bill that would allow regulators to punish doctors for spreading false information about Covid-19 vaccinations and treatments. The legislation, if signed by Gov. Gavin Newsom, would make the state the first to try to legislate a remedy to a problem that the American Medical Association, among other medical groups and experts, says has worsened the impact of the pandemic, resulting in thousands of unnecessary hospitalisations and deaths. The law would designate spreading false or misleading medical information to patients as “unprofessional conduct,” subject to punishment by the agency that licenses doctors, the Medical Board of California. That could include suspending or revoking a doctor’s license to practice medicine in the state. While the legislation has raised concerns over freedom of speech, the bill’s sponsors said the extensive harm caused by false information required holding incompetent or ill-intentioned doctors accountable. “In order for a patient to give informed consent, they have to be well informed,” said State Senator Richard Pan, a Democrat from Sacramento and a co-author of the bill. A paediatrician himself and a prominent proponent of stronger vaccination requirements, he said the law was intended to address “the most egregious cases” of deliberately misleading patients. Read full story (paywalled) Source: New York Times, 29 August 2022 -
News Article
NHS whistleblower Shyam Kumar wins case against regulator
Patient Safety Learning posted a news article in News
A doctor who was sacked for raising patient safety concerns has won a case against England's hospital regulator, the Care Quality Commission (CQC). Orthopaedic surgeon Shyam Kumar worked part-time for the CQC as a special adviser on hospital inspections, but Manchester Employment Tribunal found that he was unfairly dismissed. Between 2015 and his dismissal in 2019, Mr Kumar wrote to senior colleagues at the CQC with a number of serious concerns. They included a hospital inspection, at which he claims patient safety was significantly compromised when a group of whistleblowing doctors was prevented from discussing their concerns. Mr Kumar said, on many occasions, he reported concerns about a surgeon at his own trust, Morecambe Bay, who had carried out operations that were "inappropriate" and of an "unacceptable" quality and harmed patients. He warned the CQC that the trust management wanted to bury it "under the carpet". The tribunal noted that his concerns were found to be justified and the surgeon eventually had conditions placed on his licence to practise. The CQC "accepted the findings". Mr Kumar, who has been awarded compensation, says his concerns were ignored. "The whole energy of a few individuals in the CQC was spent on gunning me down, rather than focusing on improvement to patient safety and exerting the regulatory duties," he said. Read full story Source: BBC News, 5 September 2022 -
News Article
Negligence legal costs can be three times as much as compensation
Patient Safety Learning posted a news article in News
Legal costs in some lower-value medical negligence claims can be double or even triple the amount of compensation paid to patients. Figures in the Medical Defence Union’s (MDU’s) annual report for 2021 reveal the average sum paid in claimants’ legal costs on medical claims settled for up to £10,000 was in excess of £18,500. For claims settled between £10,000 and £25,000, the average was nearly £35,000. The not-for-profit indemnifier called on the Government to proceed quickly with the reforms needed to the clinical negligence system to make disproportionate legal costs a thing of the past. Its chief executive Dr Matthew Lee said: "Disproportionate legal costs are one of several defects in the current litigation system and particularly affect lower value claims. "It cannot be right for legal costs paid to claimants’ lawyers to regularly exceed the damages paid to claimants by double or triple the amount." Read full story Source: Independent Practitioner Today, 9 August 2022 -
News ArticleOn 24 June the US Supreme Court overturned Roe v Wade, the 1973 decision that legalised abortion and left the regulation of abortion to the states.4 At present, about half of the 50 states ban or severely limit abortions, but the picture is changing daily as century old bans go into place in some states, bans are challenged in courts, and state legislatures debate changes to their laws. The American College of Obstetricians and Gynecologists (ACOG) said, “Each piece of legislation is different, using different language and rationales. State legislators are taking it upon themselves to define complex medical concepts without reference to medical evidence. Some of the penalties for violating these vague, unscientific laws include criminal sentences.” Doctors report being confused and fearful about how they can continue to practise in states where abortion laws are changing day by day and sometimes hour by hour. Katie McHugh, an obstetrician and gynaecologist in Indianapolis, where abortion until 20 weeks is legal for the moment, told The BMJ about a patient who arrived from another state (around 200 miles away) with a miscarriage. “A fetal heartbeat could still be detected. The local hospital sent her home and told her to come back if she became very sick.” Instead she travelled two and a half hours by car to McHugh. “I don’t blame the physicians in [the other state]. I don’t know if abortion is legal now a trigger law is in effect. They could face lawsuits. As a physician, it’s unacceptable to have to watch the news to know what’s legal and how to practise,” said McHugh. Read full story Source: BMJ, 1 August 2022
-
News Article
Mesh surgeon fails in bid to stop legal action against trust being made public
Patient Safety Learning posted a news article in News
A leading colorectal surgeon whose former employer, North Bristol NHS Trust, faces negligence claims from dozens of his ex-patients has failed in his bid to keep legal action he is taking against the trust a secret. A review by the trust found that 203 women on whom the surgeon Tony Dixon performed pelvic mesh procedures between 2007 and 2017 came to harm. The trust faces legal claims from many of them. Trust board members were told in May that the trust had notified the 203 women that “although their laparoscopic ventral mesh rectopexy operation was carried out satisfactorily, they should have been offered alternative treatments before proceeding to surgery,” and that those patients were defined as suffering “harm.” Dixon sued the trust in the High Court to try to stop it releasing two documents to solicitors acting for ex-patients, as part of the disclosure process in litigation. Read full story (paywalled) Source: BMJ, 27 July 2022 -
News Article
Safety fears as NHS medical negligence claims soar
Patient Safety Learning posted a news article in News
Almost 75 years since its foundation, the NHS is struggling with delays caused by the coronavirus pandemic and the “greatest workforce crisis” in its history. A report from MPs on the health committee this week showed 105,000 vacancies for doctors, nurses and midwives, as thousands quit owing to burnout, bullying, pension rules and low pay. Jeremy Hunt, the committee’s chairman, said that the “persistent understaffing in the NHS poses a serious risk to staff and patient safety”. Lawyers warned that the crisis risked increasing the number of negligence claims. Spending on claims by NHS Resolution rose to £2.5 billion in 2021-22 compared with £2.3 billion in the previous year, according to its annual report published last week. The bill increased despite initiatives to cut the number of cases going to court and foster greater collaboration with claimant lawyers. Claimant lawyers welcomed NHS Resolution’s more collaborative approach and desire to resolve cases sooner. They argued, however, that the defensive culture remained and suggested there should be a greater focus on patient safety and learning from mistakes. John McQuater, president of the Association of Personal Injury Lawyers, said that NHS Resolution’s denials and delays meant that injured patients had to turn to lawyers to find answers. He said that earlier investigation into patient safety incidents and earlier admissions of liability by NHS trusts would speed up the system, cutting costs and human misery. Read full story (paywalled) Source: The Times, 28 July 2022 -
News Article
Jeremy Hunt calls contaminated-blood scandal a huge failing of democracy
Patient Safety Learning posted a news article in News
Former Health Secretary Jeremy Hunt has told a public inquiry institutions and the state can sometimes "close ranks around a lie". Giving evidence at the infected-blood inquiry, he said it could be seen as a "huge failing of democracy" that victims had waited so long for justice. At least 5,000 people contracted HIV or hepatitis C in the 1970s and 80s, after being given contaminated blood products and transfusions on the NHS. More than 2,400 have died as a result. Jenni Richards QC asked whether a 2012 briefing for new ministers in the health department - "almost certainly" not shown to Mr Hunt at the time - stating, under a heading "Key facts", hepatitis C and HIV (Human Immunodeficiency Virus) infection had been a problem in the 1970s and 80s, "before it was possible to screen donors and make products safer", suggested the contamination had been an "unavoidable problem". Mr Hunt, health secretary for six years until July 2018, replied: "I mean, that briefing is wrong and it shouldn't say that. "At the very least, ministers should be aware as politicians that this is contentious and disputed by families - but I'm afraid it tries to suggest the issue is closed when it is not." Read full story Source: BBC News, 27 July 2022 -
News Article
US abortion laws spark profound changes in other medical care
Patient Safety Learning posted a news article in News
A sexual assault survivor chooses sterilization so that if she is ever attacked again, she won’t be forced to give birth to a rapist’s baby. An obstetrician delays inducing a miscarriage until a woman with severe pregnancy complications seems “sick enough.” A lupus patient must stop taking medication that controls her illness because it can also cause miscarriages. Abortion restrictions in a number of states and the Supreme Court’s decision to overturn Roe v. Wade are having profound repercussions in reproductive medicine as well as in other areas of medical care. “For physicians and patients alike, this is a frightening and fraught time, with new, unprecedented concerns about data privacy, access to contraception, and even when to begin lifesaving care,” said Dr. Jack Resneck, president of the American Medical Association. Even in medical emergencies, doctors are sometimes declining immediate treatment. In the past week, an Ohio abortion clinic received calls from two women with ectopic pregnancies — when an embryo grows outside the uterus and can’t be saved — who said their doctors wouldn’t treat them. Ectopic pregnancies often become life-threatening emergencies and abortion clinics aren’t set up to treat them. It’s just one example of “the horrible downstream effects of criminalizing abortion care,″ said Dr. Catherine Romanos, who works at the Dayton clinic. Read full story Source: AP News, 16 July 2022 -
News Article
Medical expert witnesses ‘should not scapegoat doctors’
Patient Safety Learning posted a news article in News
Medical experts in cases involving doctors should have a mandatory duty to consider systems issues such as inadequate staffing levels to avoid them being scapegoated for wider failures, the Medical Protection Society (MPS) has said. The MPS, which supports the the professional interests of more than 300,000 healthcare professionals around the world, says medical expert reports focus on scrutinising the actions of the individual doctor even when failings are a result of the setting in which they work. Its report on the issue, shared with the Guardian before publication, points out that for doctors “adverse opinion can lead to loss of career or liberty”. It references the case of Dr Hadiza Bawa-Garba who was convicted of gross negligence manslaughter in 2015 and handed a 24-month suspended sentence for her part in the death of six-year-old Jack Adcock from sepsis. She was later struck off by the General Medical Council before the court of appeal overturned the GMC’s decision. Dr Rob Hendry, the MPS medical director, said: “In giving an opinion on whether or not the care provided by a doctor has fallen short of a reasonable standard, it would seem fair to the doctor that the medical expert considers all relevant circumstances. Any individual performance concerns must of course be addressed, but doctors should not be scapegoats for the failings of the settings in which they work. Sadly, we see this all too often in cases against doctors … “Many expert reports focus solely on the actions of the individual without considering the wider context. In reality, patient harm arising from medical error is rarely attributable to the actions of a single individual. Inadequate staffing levels, lack of resources, or faulty IT systems are just some issues which can contribute to adverse incidents. Doctors confront these issues every day and have little influence over them.” Read full story Source: The Guardian, 18 July 2022 -
News Article
Becton Dickinson ordered to pay $255k in hernia mesh trial
Patient Safety Learning posted a news article in News
A jury ordered Becton, Dickinson and Co to pay $255,000 to a man who sued the company, alleging he had been injured by its hernia repair surgical mesh, according to a court filing. The verdict in Columbus, Ohio federal court comes in the second bellwether trial in a multidistrict litigation over the company's hernia mesh products, which were sold by C.R. Bard Inc before its 2017 acquisition by Becton Dickinson. The first bellwether trial last year ended with a verdict in favour of the company. More than 16,000 cases have been consolidated before Chief U.S. District Judge Edmund Sargus in Columbus, in the third-largest pending MDL nationwide. Plaintiffs claim that the mesh products caused infections, pain, inflammation and other problems. The verdict came in a case brought by Antonio Milanesi, who had Bard's Ventralex mesh implanted during a hernia repair in 2007, and his wife, Alicia Morz De Milanesi. They claimed that Milanesi developed an infection and bowel abscess because of the mesh, requiring a second surgery in 2017. Like other plaintiffs in the MDL, the Milanesis say the mesh products are defectively designed because their polypropylene material degrades when in implanted in human tissue. Read full story Source: Reuters, 16 April 2022 -
News ArticlePhysicians must continue to offer abortions in cases of medical emergencies without exception, Joe Biden’s administration said on Monday, as it insisted federal law would overrule any total state bans on abortion. In a letter to healthcare providers, the president’s health and human services secretary, Xavier Becerra, said the federal Emergency Medical Treatment and Active Labor Act (EMTALA) protects providers from any purported state restrictions should they be required to perform emergency abortions. “Under the law, no matter where you live, women have the right to emergency care – including abortion care,” Becerra said. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.” Becerra said medical emergencies include ectopic pregnancies, complications arising from miscarriages, and pre-eclampsia, NBC News reported. Becerra said in his letter to medical providers: “If a physician believes that a pregnant patient presenting at an emergency department, including certain labor and delivery departments, is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment. “And when a state law prohibits abortion and does not include an exception for the life and health of the pregnant person – or draws the exception more narrowly than EMTALA’s emergency medical condition definition – that state law is preempted.” Read full story Source: The Guardian, 12 July 2022
-
News ArticleA woman was kept in police custody for 36 hours after having a stillbirth because of suspicions she had an abortion after the legal cut-off point, it has been claimed. UK abortion providers, who supported the woman, denied she had flouted the legal deadline and warned the treatment she endured “should be unthinkable in a civilised society”, with “no conceivable” public interest in holding her. They added that the woman has been under investigation for a year and a half, but still not charged with any crime. Jonathan Lord, medical director of MSI Reproductive Choices, one of the UK’s leading abortion providers, told The Independent the woman unexpectedly delivered a stillborn foetus at home that was about 24 weeks old. Dr Lord, the co-chair of the British Society of Abortion Care Providers, who shared the woman’s story with The Independent, said: “She was shocked to give birth due to not knowing how far along pregnant she was. She was admitted to hospital. “Because healthcare colleagues were suspicious, and knew she had been in touch with us, an abortion provider, as she told them, they suspected her of having an illegal abortion and called the police. But she wasn’t over the limit for a legal abortion. Dr Lord said the experience of having an “extraordinarily unexpected” stillbirth before being taken into police custody during lockdown was “traumatic” and “distressing” for the woman. Read full story Source: The Independent, 5 July 2022
