Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
What You Should and Shouldn’t Do if You Suspect Medical Malpractice
Posted in Pennsylvania Law Monitor
According to the Centers for Disease Control and Prevention (CDC), 83.6 percent of adults and 93 percent of children had contact with a health care professional in 2015. Hospital visits numbered 125.7 million while physician office visits numbered 922.6 million. While the vast majority of medical procedures go smoothly, errors… Continue reading
Recording Your Physician During Medical Appointments
Posted in Pennsylvania Law Monitor
Generally, after an examination for a medical problem, a doctor will sit down with a patient and explain what the issue is and offer treatment advice and alternatives. Often, the patient goes home afterward and then and can’t remember exactly what the doctor said. Was it ice, then heat –… Continue reading
Surgical Robots Left Behind Metal Fragments in Heart Patients’ Brains
Posted in Pennsylvania Law Monitor
Heart surgery patients failed to prove that they were injured after Intuitive Surgical Inc.’s da Vinci surgical robot left metal fragments in their brains, said the Eleventh Circuit in upholding a District Court decision dismissing their case. The plaintiffs alleged that MRIs showed that metal fragments discharged from the robot’s… Continue reading
Sleep Apnea Rule for Truckers and Train Engineers Withdrawn
Posted in Pennsylvania Law Monitor
On August 4, 2017, the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) announced the withdrawal of their advance notice of proposed rulemaking (ANPRM) which would have required railroads and trucking companies to test employees for obstructive sleep apnea. This is one of many withdrawals of… Continue reading
Should You Check Your Heart Rate With Your Smartphone?
Posted in Pennsylvania Law Monitor
Many people are taking advantage of technology to monitor their health and vital signs. But should you monitor your heart with a smartphone? Is this technology approved or regulated by the U.S. Food & Drug Administration? Entering the market in increasing numbers are heart-monitoring apps that are intended to be… Continue reading
Do Pedestrian Detection Systems in Cars Save Lives?
Posted in Pennsylvania Law Monitor
A recent study by a team of vehicle experts at the U.S. Department of Transportation’s Volpe Center found that pedestrian crash avoidance/mitigation (PCAM) systems can potentially reduce up to 5,000 vehicle-pedestrian crashes and 810 fatal vehicle-pedestrian crashes each year. Even if a crash is unavoidable, PCAM systems may reduce the… Continue reading
Voluntary Recall of Duodenoscope Issued Due to Infection Risk
Posted in Pennsylvania Law Monitor
In 2015, prompted by outbreaks of antibiotic-resistant infections linked to duodenoscopes, the FDA issued a Safety Communication, indicating that the complex design of duodenoscopes may impede effective reprocessing. From January 2013 through December 2014, the FDA received 75 Medical Device Reports (MDRs) involving approximately 135 patients relating to possible microbial… Continue reading
Are Medical Malpractice Damages Caps Unconstitutional?
Posted in Pennsylvania Law Monitor
The Wisconsin Court of Appeals recently joined courts in Florida, Illinois, New Hampshire, and Washington in finding that caps on noneconomic medical malpractice damages are unconstitutional. The appeals court found that Wisconsin’s cap on noneconomic medical malpractice damages always reduces noneconomic damages only for the class of the most severely… Continue reading
Venue Returned to County Where Failure to Communicate Medical Test Results Occurred
Posted in Pennsylvania Law Monitor
In Pennsylvania, a medical malpractice lawsuit must be filed in the county where the alleged malpractice occurred. The Superior Court in Pennsylvania recently reversed a trial court decision in a medical malpractice case that transferred venue from Philadelphia County to Berks County, sending the case back to Philadelphia County. The… Continue reading
Sales of Opioid Pain Medication Halted After FDA Request
Posted in Pennsylvania Law Monitor
Endo Pharmaceutical’s recent decision to halt sales of Opana ER (oxymorphone hydrochloride) quickly followed the U.S. Food and Drug Administration’s (FDA) request that it remove the abuse-linked opioid pain medication from the market. This is the first time the agency sought to remove a currently marketed opioid pain medication from… Continue reading