According to recent reports, the Labor Department is racing to complete and implement a new rule that was opposed by President-elect Barack Obama regarding benzene emissions. The new rule would supposedly make it harder for the government to regulate toxic substances to which employees are exposed to while on the job.

The rule is reportedly being strongly supported by business groups and states that in assessing how risky certain substances are to the workplace, federal agencies should gather and analyze evidence of the employees’ exposure during their working lives. In many cases, the proposal would add a step to the process of developing higher standards in regards to protecting the health of workers.

Benzene Rule Details

Public health officials worry that the rule will only delay much needed protections for workers across the country, which could ultimately result in more deaths and illnesses.  The Labor Department proposal is reportedly one of 20 highly debatable rules that the Bush Administration is trying to pass during his last weeks in office. The other rules cover a wide array of topics from abortion, to auto safety and the environment.
The one regarding benzene emissions at workplaces across the country is of importance due to the harm that benzene can cause to anyone exposed over an extended duration of time. Benzene is a toxic chemical that has been linked to leukemia and other cancers. It is typically used in gasoline, dyes, synthetic rubbers, and cigarettes. If this rule is passed and workers across the country aren’t protected from benzene and other toxic chemicals, more and more people could die and become ill from diseases linked to these substances.

Dr. Kevin Buckwalter, a Nevada physician, was stripped of his license to prescribe controlled substances last week by the medical board following investigations and subsequent findings of gross medical negligence on the doctor’s part.

Buckwalter, who has been practicing in Nevada since 1997, has been accused of prescribing “excessive” doses of narcotics, in many cases with no medical exam and with little or no knowledge or review of the patient’s medical history.

In particular, there are four cases under review, in which the patients either died or overdosed on the medications prescribed by Buckwalter.

An extensive examination of Buckwalter’s records show gross negligence because in many cases he conducted “essentially no physical exam” of his patients before prescribing controlled substances for them, and that his records were “vague, haphazard and illegible”.

Some people who worked with the doctor in the past spoke of how he often knowingly prescribed narcotics to patients that had drug addictions, of which he was aware.  One of these patients, Staci Voyda, was addicted to OxyContin.  Buckwalter prescribed 310 oxycodone pills for her within an 11 day period.  Two weeks following this, Voyda committed suicide.  Her family believes that this is a direct result of having so many drugs in her system which were legally prescribed by Dr. Buckwalter.

69 year old Barbara Baile, another unfortunate victim of Buckwalter, was prescribed excessive amounts of narcotics, of which she eventually died from their side effects.

The medical board is still investigating the Buckwalter cases, and thoroughly examining all of his records.  At this point he has been charged with one count each of malpractice, failure to maintain adequate and complete medical records and writing prescriptions for controlled substances in an illegal manner.  If found guilty, he faces the loss of his license to practice medicine as well as possible criminal charges.

For the families of his victims, however, this is little relief.

Doctor malpractice was deemed the cause of a 40-year-old woman’s 2003 death by a Suffolk Superior Court jury. After two days of deliberation, the jury found two doctors liable for Amy Altman’s death and awarded her family $9.4 million in damages. With interest, the total award will amount to $13.5 million.

The jury decided that Altman’s death could have been prevented had her doctors, oncologists at the Dana-Farber Cancer Institute in Boston, looked into the cause of diarrhea she developed after receiving an experimental regimen of chemotherapy for a cancerous tumor behind her knee.

Not Just Another Side Effect
Chemotherapy is known to weaken the body’s natural defenses, and side effects are common. But Altman’s situation became dire when her doctors dismissed the diarrhea as just another side effect, when it was actually a symptom of a severe infection of flesh-eating bacteria.

According to the family’s medical malpractice lawyer, the bacterial infection could have been treated with antibiotics had the doctors diagnosed it in time.

“Instead of making sure it wasn’t a problem, they wrote it off as not a big deal. In fact, it was a very big deal,” the attorney said.

Two Girls Left Behind
Altman died two days after being admitted to Brigham and Women’s Hospital. An autopsy revealed that her cancer had been cured. She left behind two young daughters.

A medical malpractice lawsuit involving brain damage to a child during delivery has been reinstated by the Nevada Supreme Court. At issue was the statute of limitations, which the lower court judge ruled had expired after four years and consequently dismissed the case.

However, the Nevada Supreme Court stated that the statute of limitations is 10 years when the malpractice involves a birth injury such as brain damage. The victim in the case suffered a scalpel laceration to his head during his birth in May 1995. He was born by Caesarean section.

The boy’s mother filed a lawsuit against two doctors, one of whom has settled out of court. The case against the other doctor will return to the District Court.

Statutes of Limitations Vary

This case provides an excellent example of how widely medical malpractice statutes of limitations may vary. Though most states have limits ranging between one and five years, there may be exceptions. 

Always check with an attorney if you have questions about the malpractice statute of limitations in your state. 

The South Dakota Supreme Court recently granted a new trial to a woman who suffered from complications following a gall bladder surgery in 2001.  Lillian Glanzer claimed hospital malpractice against her surgeon, Dr. Richard Reed, however he was found not to be negligent in the original trial last year.

Glanzer underwent laparoscopic surgery to remove her gall bladder, during which the doctor had to cut through some scar tissue to insert the instrument into her abdomen.  The surgery resulted in some complications and it was eventually discovered that Ms. Glanzer’s bowel had been perforated.

Because the doctor failed to diagnose this until four days after the surgery, the patient had to undergo multiple additional surgeries and a lengthy recovery time.  Glanzer brought a hospital malpractice suit, in which the jury ruled in the favor of the hospital and Dr. Reed.

The verdict was appealed and on October 30^th, the Supreme Court ruled that Glanzer deserves a new trial.  The basis for the new trial is that the judge in the original trial failed to instruct the jury on how to view a doctor’s judgement and how it can relate to negligence.  The failure to give this instruction to the jury may have unfairly influenced their decision.

Hospital malpractice doesn’t necessarily occur every time a doctor makes an error.  However, when a doctor or medical professional uses only his or her judgement in determining a diagnosis (or lack thereof) rather than by medical means, it can often result in a case of malpractice.

It is undetermined when Ms. Glanzer’s new trial will begin.

Medical negligence occurs when a patient suffers injury or harm as a result of a doctor’s mistreatment. Whether it was a missed or wrong diagnosis, improper treatment, or failure to treat in general, there are medical negligence laws in effect to protect the patient and provide them with the recourse of prosecuting the offending party.

Although every state has them in place, medical negligence laws vary among them. There are, however, certain things that are universal, regardless of which state the incident occurred within.

Generally, medical negligence law holds that in order to be successful, a patient must prove four things in their case. These four things are as follows:

• Duty of care. It must be proven that the defendant did, in fact, have a responsibility to provide care for the plaintiff. This is usually relatively simple to prove in cases where it is documented with medical records that the plaintiff was a current patient, under the care of the offending physician at the time of the incident.

• Failure of said duty of care. The plaintiff has the burden of proving that the defendant did not act with the proper care in their diagnosis or treatment. Whether it was deliberate or accidental, there must be sufficient evidence to support this claim in order for the plaintiff to be successful.

• Resulting injury or harm. It’s not enough to just show proof that a doctor has failed in their duty of care. Medical negligence law requires that the plaintiff must then be able to prove that they suffered injury or harm as a direct result of the doctor’s negligence. Medical records documenting follow up treatments, and expert witnesses and reports can all be used to support this part of a claim

• Proof of damages. This is perhaps the heart of a malpractice claim, because if there are no damages, or none that can be proven, there is essentially no case. The plaintiff must provide sufficient evidence that they have suffered damages, either financial or emotional, in order to win their claim.

It’s safe to say that these four things must be present in order to move forward with a medical negligence lawsuit, regardless of what state the incident occurred. If any one of them is not present, the law will not support the claim and it will most likely never make it to litigation.

Medical negligence laws are in place to protect patients from the improper treatment by a doctor or medical professional. They vary from state to state, and are complex and confusing. If you feel that you have been a victim of malpractice, speak to an attorney who is experienced medical negligence law right away.

Medical malpractice happens when a doctor or medical professional fails to provide their patient with appropriate standard of care that another doctor or medical professional would provide in the same situation, causing injury and harm to the patient. People who are victims of medical malpractice have the legal right to sue the doctor in question for damages. But they should know that these types of lawsuits can be complicated, confusing and lengthy. Anyone considering suing a doctor or medical professional for negligence or malpractice should have the services of a medical lawyer on their side.

Medical lawyers specialize in claims and lawsuits involving medical malpractice, doctor’s negligence, hospital and nurse negligence and much more. They are highly trained, and have intricate knowledge of the law with regards to these types of claims. Filing a lawsuit without a medical lawyer can prove detrimental to your case.

There is a lot of research and work involved in malpractice suits, such as obtaining medical records, interviewing and choosing expert witnesses to testify on your behalf, preparing reports, and filing the case with the court. Most of this stuff is a mystery to the average person. Medical lawyers, on the other hand, do this every day, so hiring one to do the legwork for you just make sense.

Medical malpractice suits can take a lot of time, and sometimes drag on for months or even years. Because medical lawyers know the entire process, from start to finish, they are able to handle things much faster than if it were being handled by the patient alone.

The laws governing negligence cases are complicated and confusing. This is probably the most important reason to enlist representation from a medical lawyer. They understand the details of the law, and exactly how to work within them. A good example of this is the statute of limitations that most states impose on medical cases. Not knowing about this statute could easily mean filing a claim too late. Having an attorney will help to ensure that these laws are abided by and the claim is handled in a timely manner.

If the case goes to court, evidence will have to be presented, and testimony given on behalf of the patient. It is extremely difficult for the average person to represent themselves in a court proceeding, because most are unfamiliar with the process. This can lead to disaster, and the case not being successful. Medical lawyers are experts in presenting cases in court, and have a much better chance of winning a claim and getting compensation for the victim.

Most medical lawyers don’t collect any fees or payment until after the case is over, and was successful. This means that it’s absolutely no cost to hire an experienced attorney. Knowing all this, why would anyone choose to go it alone?

The 9th Annual Chronic Illness and Disability conference will explore issues involving the transition from pediatric to adult-based care. The two day conference, which will be held at Baylor College of Medicine in November, is open to families dealing with cerebral palsy and other disabilities.

Parents, teens and young adults can attend the conference to hear leading experts speak about legal, educational and medical issues faced by transitioning disability patients. Topics to be covered include:

• Mental health and family support
• Considerations for young people with developmental disabilities
• Vocational transition services (during and after high school)
• Funding for transition services
• Insurance options and Medicaid appeals
• Political issues and advocacy

To find out more about the conference or to register, visit the Baylor College of Medicine website.

A medical lawsuit against the Veterans Affairs hospital in Salt Lake City has been settled for nearly $1 million in damages. The lawsuit was filed after the death of William Meyer, who was being treated at the hospital for leukemia when he developed a fatal blood infection.

Meyer was undergoing chemotherapy at the VA in October 2004. Several days after his final treatment, he started experiencing diarrhea and stomach pain. Meyer’s wife, Pamela, called the hospital about his symptoms and was told an over-the-counter gas medication should help.

A Severe Infection: Every Minute Counted
However, gas was not the problem. According to the lawsuit, Meyer had developed a bacterial infection in his colon because of his reduced immunity from the chemotherapy.

When Meyer went to the emergency room, he had to wait 10 hours before receiving antibiotic treatment even though two doctors had ordered it. In fact, the medication was hanging on his gurney but had not been plugged into his IV.

Meyer suffered cardiac arrest and died (with his leukemia in remission) just a few days before his 46th birthday. His wife and daughter will receive compensation for general damages and Meyer’s lost wages.

According to statistics from the CDC, there are 1.6 million residents currently living in nursing homes. With that many people living under the care of others it only stands to reason that mistakes and negligence is occurring on a regular basis. In fact, studies show that approximately 30% of all nursing homes are liable for some form of malpractice. But what constitutes nursing home malpractice? It’s important to know because chances are that at some point you or someone love will be living in such a facility.

Nursing homes are often under staffed, so their employees are subsequently over worked to compensate. Mistakes are easily made when someone has not rested enough or is rushing because they have so much to do. These mistakes can result in injury, or even death of the patients who are left in the care of these employees. Many facilities also fail to properly train orderlies and other workers, which can also lead to abuse, neglect or negligence. It’s often a dangerous, even deadly, combination of these things that lead to cases of nursing home malpractice.

Some general examples of nursing home malpractice include:

• Medication errors
• Pain that goes untreated
• Slip and fall
• Bedsores
• Neglect
• Malnutrition
• Unexplained ailments
• Emotional abuse
• Infections
• Poor hygiene
• Financial abuse

Of course, these are only a few of the many problems that arise when there is a nursing home facility is negligent. So what steps should you take if you suspect that someone you love is a victim of this type of malpractice? They have legal rights, and those rights should be exercised, even if you have to do so on their behalf.

Report any suspected abuse or neglect to your local law enforcement authorities. It’s also a good idea to speak with an attorney, particularly one who specializes in elder care and/or nursing home malpractice. He or she will review your claim, determine if you have a case, and if so, help you gather the evidence needed to file a claim against the negligent parties.

Nursing home negligence is a crime and it’s not to be taken lightly. There are laws in place to protect those vulnerable members of our society who rely on the employees of these facilities for their long term care. Reporting abuse and neglect, and bringing lawsuits against those who are guilty of these crimes is critical in preventing further cases from arising.