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Cleveland Medical Malpractice Law Blog

Nursing home workers fired after torturing resident with water

  • 21
  • February
    2012

Most people in the Cleveland area who live in a nursing home or have a loved one who does know that working as a nursing assistant is a difficult job. Working at a nursing home facility typically involves long hours and physical effort caring for residents' personal needs, which can be stressful and tedious work. However, there is no excuse for employees teasing or abusing the residents as a form of "entertainment."

News reports from another state provide an example of the consequences of nursing home workers treating the residents in their care as if they are toys. Five former employees of a nursing home have been fired after three of them allegedly sprayed water on a female resident.

U.S., European regulators caution doctors about new MS drug

  • 16
  • February
    2012

A new drug to treat multiple sclerosis that pharmaceutical giant Novartis AG is hoping will bring it billions of dollars in revenue in coming years could cause heart problems in patients, according to regulators in the U.S. and the European Union. So far, the FDA has advised doctors to observe MS patients after they receive their first dose of the drug, called Gilenya, to see if they develop any problems. The EU's European Medicines Agency has gone even further: it is recommending that doctors use an electrocardiogram to monitor patients' heart activity for at least six hours after the initial dose of Gilenya.

The concerns of Gilenya's effect on the heart come after several reports of patient incidents, including one 59-year-old U.S. man who died less than 24 hours of taking Gilenya for the first time. The FDA announced on Dec. 20 that it was investigating the death.

Patient says fall from surgical table caused head injury

  • 14
  • February
    2012

Most Cleveland residents who have undergone a surgical procedure will tell you that it can be a nerve-racking experience. Lying in a hospital bed or gurney, having a nurse prepare you for surgery and hoping the operation will be a success is stressful, even when the procedure you require is relatively mild.

Patients going into surgery would like to believe that the physicians and medical staff performing the surgery are highly skilled and able to prevent basic accidents from occurring. But unfortunately, that is not always the case and patients sometimes become injured due to easily preventable errors.

Nursing home worker gets prison time for stealing painkillers

  • 10
  • February
    2012

A 37-year-old female nurse who worked within a Kansas nursing home facility was sentenced to three years in prison by a U.S. District Judge after pleading guilty to diluting painkillers with tap water.

According to court documents, the nurse has abused drugs in the past, including painkillers such as morphine, that are prescribed for her patients. In this case, the woman was charged with adulteration of a drug and product tampering after she was found to be adding water to a 105-year-old patient's prescription painkiller.

Also, she admitted to using Hydrocodone while employed at the facility throughout much of 2010 and using water to hide the fact she had taken the stolen morphine.

Survey: doctors frequently cover up medical errors

  • 09
  • February
    2012

Readers in the Cleveland area who believe that open and honest communication between doctors and patients is the best way to ensure high-quality health care will probably be dismayed to learn that one in three doctors surveyed for a new study did not think that serious medical errors need to be disclosed to patients. But that is what researchers behind a study published in this month's issue of the journal Health Affairs discovered.

The report finds that 34 percent of doctors who participated in the survey did not check "completely agree" in answer to the statement that physicians should disclose all significant medical errors to their patients. A significant number of the doctors have put that theory into practice, with 20 percent of physicians admitting that they either covered up medical errors or did not tell the whole truth. A smaller number, 11 percent, said they have actively lied to a patient within the past year.

Second Nurse's Aide Penalized for Abusing Elderly Woman

  • 07
  • February
    2012

Regular readers may recall the story of a forming Cleveland nursing home aide sentenced to over 10 years in prison for her abuse of a 78-year-old Alzheimer's sufferer. Now, a second nurse's aide is being placed behind bars for mistreating the very same woman.

Once named nurse's aide of the year at MetroHealth's nursing home, the woman has not only jeopardized her own freedom, but has opened her former employer up to potential medical malpractice liability. The former nurse's aide was caught on hidden camera spraying body perfume into the face of the elderly Alzheimer's patient.

Pfizer recalls 1M birth control packages due to pill count error

  • 01
  • February
    2012

Around one million packets of birth-control medication manufactured by drug maker Pfizer Inc. are being recalled after a packaging error was discovered that could put users at risk of getting off their dosage cycle and becoming pregnant accidently. The affected birth-control products are called Lo/Ovral-28 and a generic medication called Norgestrel and Ethinyl Estradiol.

Pfizer said it discovered that some packages of the drugs had the wrong number of pills with the active drugs. Oral birth control packages typically come with 21 hormone pills and seven sugar tablets to properly regulate the user's hormone levels during her menstruation cycle. The packets had either too many sugar tablets or too few. A spokeswoman said that Pfizer believes the packaging defect was due to employee and mechanical errors. The problem has been corrected, the spokeswoman said.

Student who lost arm to infection sues Ohio University

  • 30
  • January
    2012

A medical malpractice lawsuit filed against Ohio University accuses the school's clinic of ignoring a former student's complaints of pain in her arm and contributing to her eventually losing that arm to flesh-eating bacteria. The lawsuit seeks catastrophic loss damages due to the loss of the limb as well as non-economic damages against the doctor and other staff at the clinic for allegedly dismissing her symptoms as psychosomatic.

The plaintiff was a freshman at OU when she went to the student health clinic, which was called Hudson Health Center at the time, in September 2007. She was suffering from nausea, chills and a spreading pain in her right arm. A doctor who conducted a brief exam dismissed her complaints of pain as a muscle strain due to exercise. He gave her a diagnosis of a throat infection and sent her back to her dorm.

Wrongful death suit over faulty medical patch

  • 27
  • January
    2012

As Ohio residents know, medicine is used to assist people with recovery from various illnesses. Most of the time, medicinal technology works as it is supposed to by assisting and supporting the person in the need. Nevertheless, sometimes medications are defective and do not operate as expected. In some cases, this causes harm to the individual that has used the drug.

In a recent story, family members of a Utah woman have filed a wrongful death suit against a pharmaceutical company. According to reports, the drug corporation manufactured a faulty pain-relief patch. Court documents explain that the California-based corporation knowingly produced transdermal patches that released unsafe amounts of fentanyl, a synthetic drug approximately 100 times stronger than morphine.

Ohio hospital's admission of error not protected, court rules

  • 25
  • January
    2012

A taped admission from a hospital official that a blood test that could have saved a patient's life was not performed in time due to broken equipment should not be blocked from evidence in a medical malpractice lawsuit under Ohio law, the state Court of Appeals recently ruled. The hospital named as defendant in the lawsuit had tried to block the recording by claiming the conversation with the patient's family was part of the medical peer review process.

Medical peer review is the process by which a board of physicians investigates the treatment of a patient to determine whether the doctor in charge of the case met the required standards of care. To encourage honesty in the process, Ohio law prevents admissions of malpractice made in the course of a peer review to be used as evidence in medical malpractice lawsuits.

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