http://www.nurse-anesthesia.org/ These are legal stories related to healthcare and anesthesia. en Sat, 25 May 2013 22:20:49 GMT vBulletin 60 http://www.nurse-anesthesia.org/images/styles/BlueDemon/misc/rss.png http://www.nurse-anesthesia.org/ http://www.nurse-anesthesia.org/showthread.php/16728-Study-Says-Up-To-160-000-Injure-Or-Killed-By-Diagnosis-Error-Annually?goto=newpost Thu, 23 May 2013 02:11:10 GMT Study Says Up To 160,000 Injure Or Killed By Diagnosis Error Annually

Researchers at John’s Hopkins reviewed over 350,000 malpractice claim payouts in the U.S over the past 25 years found in the National Practitioner Data Bank. They found that the majority of these claims were the result of diagnostic error, often resulting in severe injury to patients and constituting the highest payouts.
The leader of the study, which was published in BMJ Quality and Safety, David E. Newman-Toker, M.D., Ph.D., an associate professor of neurology at the Johns Hopkins University School of Medicine, said “This is more evidence that diagnostic errors could easily be the biggest patient safety and medical malpractice problem in the United States. There’s a lot more harm associated with diagnostic errors than we imagined.”
The study only looks at incidents for which medical malpractice claims were filed and paid out. The true number of such incidents is estimated to be 80,000 to 160,000 patients suffering misdiagnosis-related injury … (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16728-Study-Says-Up-To-160-000-Injure-Or-Killed-By-Diagnosis-Error-Annually http://www.nurse-anesthesia.org/showthread.php/16722-Desai-Trial-Doctors-Casts-Doubt-On-Prosecution-Claim-Propofol-Spread-Hep-C?goto=newpost Tue, 21 May 2013 06:16:46 GMT Desai Trial: Doctors Casts Doubt On Prosecution Claim Propofol Spread Hep C As the Nevada Hepatitis C outbreak murder trial of former physician... Desai Trial: Doctors Casts Doubt On Prosecution Claim Propofol Spread Hep C

As the Nevada Hepatitis C outbreak murder trial of former physician Dipak Desai and nurse anesthetist Ronald Lakeman entered its second week a second physician took the stand and like the colleague before him cast doubt on the prosecutions claim that improper injection procedures led to contamination of the anesthetic drug propofol with the hepatitis C virus. Prosecutors contend that Desai ordered nurse anesthetists to reuse single dose vials of the drug on multiple patients. Propofol is famously known as a medication which supports the growth of organisms due to its high protein content, making it easily contaminated.
Dr. Vishvinder Sharma, a gastroenterologist that worked with Desai in his clinic 1994-2008, said he never witnessed nurse anesthetists reuse vials of propofol. He added that while Desai was a frugal man he did not place patients at risk with his penny-pinching. He described the anesthetists as well-trained professionals who were unlikely … (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16722-Desai-Trial-Doctors-Casts-Doubt-On-Prosecution-Claim-Propofol-Spread-Hep-C http://www.nurse-anesthesia.org/showthread.php/16710-Gosnell-Trial-Ends-With-Guilty-Verdict-And-3-Life-Sentences-No-Chance-Of-Appeal-VID?goto=newpost Fri, 17 May 2013 21:21:09 GMT Gosnell Trial Ends With Guilty Verdict And 3 Life Sentences, No Chance Of Appeal [VIDEO]

Philadelphia monster “abortionist” Kermit Gosnell was convicted last week of first-degree murder in the deaths of three babies born alive, then stabbed in the neck with scissors in order to sever their cervical spinal cords. He was given two life sentences Tuesday in a deal with prosecutors that spared him a potential death sentence, and a third life term was handed down Wednesday. In exchange for taking the death penalty off the table Gosnell entered an agreement with the court not to appeal his conviction. Should he attempt an appeal his sentence presumably would convert to death, or his appeal would be denied on it’s face by the court .
The Philadelphia District Attorney Seth Williams released a statement Wednesday afternoon calling the case “arguably the most gruesome” he has ever seen. “I will not mince words, Kermit Gosnell is a monster.* Any doctor who cuts into the necks severing … (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16710-Gosnell-Trial-Ends-With-Guilty-Verdict-And-3-Life-Sentences-No-Chance-Of-Appeal-VID http://www.nurse-anesthesia.org/showthread.php/16668-Wolford-College-Nurse-Anethesia-Program-Lawsuit-Update?goto=newpost Wed, 08 May 2013 06:40:11 GMT Wolford College Nurse Anethesia Program Lawsuit Update It has been over 8 months since we updated our readers on the lawsuit filed by former... Wolford College Nurse Anethesia Program Lawsuit Update

It has been over 8 months since we updated our readers on the lawsuit filed by former students against Florida’s Wolford College Nurse Anesthesia Program and Collier Anesthesia PA. You may recall that both the College and Collier have mutual owners and interests. Here is a “legalese” summary of the complaint filed in the case, titled Schumann et al. v Collier Anesthesia, P.A. et al., from court papers:
On June 29, 2012, plaintiffs Billy Schumann and Dustin Abraham filed a Complaint against defendants Collier Anesthesia, P.A. (Collier), Wolford College, LLC (Wolford), Thomas L. Cook, and Lynda M. Waterhouse, on their own behalf and on behalf of other similarly situated individuals for minimum wage and overtime compensation relief under the Fair Labor Standards Act (FLSA). In the Complaint, plaintiffs allege that they were employed by Collier within the meaning of 29 U.S.C. § 203(g) as interns who were provided no … (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16668-Wolford-College-Nurse-Anethesia-Program-Lawsuit-Update http://www.nurse-anesthesia.org/showthread.php/16667-Day-6-Of-Jury-Deliberations-In-Gosnell-Murder-Trial?goto=newpost Wed, 08 May 2013 01:00:04 GMT Day 6 Of Jury Deliberations In Gosnell Murder Trial The Kermit Gosnell capital murder trial jury was dismissed early today after making a request... Day 6 Of Jury Deliberations In Gosnell Murder Trial

The Kermit Gosnell capital murder trial jury was dismissed early today after making a request for the testimony of*former Gosnell staffer Lynda Williams to be read back to them. Philadelphia Court of Common Pleas Judge Jeffrey Minehart dismissed jurors early, just after 2:30 p.m., letting them head home after the request, with the reading of the testimony scheduled for the morning in the courtroom.
Williams has testified that on Gosnell’s orders she snipped the spinal cord in the neck of “Baby C” after it was delivered from an abortion patient before the procedure had started. Williams said she saw the child’s arm “jump” when she cut the spinal cord with a pair of scissors. She told jurors she subsequently refused to cut any more infant’s cervical spinal cords after that because she found the procedure too unsettling.
Williams has pleaded guilty to third degree murder charges in the case … (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16667-Day-6-Of-Jury-Deliberations-In-Gosnell-Murder-Trial http://www.nurse-anesthesia.org/showthread.php/16654-NV-Supreme-Court-Denies-Desai-Petition-Jury-Selection-Resumes?goto=newpost Sun, 05 May 2013 04:20:21 GMT NV Supreme Court Denies Desai Petition, Jury Selection Resumes In a 2-1 decision on Monday, the Nevada Supreme Court denied the petition of Dipak... NV Supreme Court Denies Desai Petition, Jury Selection Resumes

In a 2-1 decision on Monday, the Nevada Supreme Court denied the petition of Dipak Desai to suspend his Las Vegas murder trial. Desai sought a ruling from the court ordering a hearing to determine whether he is competent to stand trial.
The court said the record does not include substantial evidence that Desai is incompetent to stand trial and upheld the decision of District Court Judge Valerie Adair who rejected the motion for a competency evaluation hearing.The court also pointed out there was a prior competency hearing,* and that an “independent medical evaluation report prepared more recently confirms the prior findings that Desai embellished the effects of his prior strokes, particularly regarding the profound memory loss that he claims.” The ruling was signed by Justices Mark Gibbons and Ron Parraguirre.
Justice Michael Cherry dissented, agreeing with attorneys for Desai that Judge Adair abused her discretion in rejecting the motion
… (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16654-NV-Supreme-Court-Denies-Desai-Petition-Jury-Selection-Resumes http://www.nurse-anesthesia.org/showthread.php/16644-Shop-Of-Horrors-Case-In-Hands-Of-The-Jury?goto=newpost Wed, 01 May 2013 20:51:07 GMT Shop Of Horrors Case In Hands Of The Jury Closing arguments in the capital murder trial of Philadelphia abortionist Kermit Gosnell wrapped up on... Shop Of Horrors Case In Hands Of The Jury

Closing arguments in the capital murder trial of Philadelphia abortionist Kermit Gosnell wrapped up on Tuesday. After giving instructions to the seven-woman, five-man jury, Judge Jeffrey Minehart* placed the case in their hands for 3 hours of deliberation before their work day ended. The first full day of deliberation began this morning at 8:30 am.
In his instructions to the jury, the judge said state law defines a live baby as one that is fully expelled from the mother and showing signs of life such as breathing, heart beat or movement. “That baby is a human being,” he told the jury. Assistant District Attorney Edward Cameron said in his closing arguments that witnesses testified that one of the aborted babies was breathing before its neck was cut, another moved its arms and legs and yet another made a whining sound.
However defense attorney Jack McMahon in his closing cited the … (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16644-Shop-Of-Horrors-Case-In-Hands-Of-The-Jury http://www.nurse-anesthesia.org/showthread.php/16625-Jury-Selection-On-Hold-In-Desai-Hepatitis-C-Outbreak-Trial?goto=newpost Sat, 27 Apr 2013 03:21:28 GMT Jury Selection On Hold In Desai Hepatitis C Outbreak Trial Prosecutors say former physician Dipak Desai is again faking his mental impairments*... Jury Selection On Hold In Desai Hepatitis C Outbreak Trial

Prosecutors say former physician Dipak Desai is again faking his mental impairments* and his “malingering behavior and constitutes yet another attempt to delay his day in court,” in papers filed with the Nevada Supreme Court Wednesday. This in response to an emergency* defense motion filed with the court asking to have the trial stopped due to Desai’s inability to assist in his own defense.* Desai’s lead attorney, Richard Wright, filed the motion with the Supreme Court on Monday, as District Judge Valerie Adair began selecting a jury.
Judge Valerie Adair put a halt to jury selection on Tuesday, awaiting word from the Supreme Court on their motion ruling which so far has not come. If found incompetent Desai could not be tried until his condition improved to where he was competent.
Wright wants the high court to grant him a hearing to question Los Angeles neurologist David Palestrant, who reviewed … (Continued...)



More... ]]> Law Med Blog ADMIN http://www.nurse-anesthesia.org/showthread.php/16625-Jury-Selection-On-Hold-In-Desai-Hepatitis-C-Outbreak-Trial