November 27th, 2007

Dennis Quaid’s Newborn Twins Victimized by Medical Malpractice

Medical malpractice can happen to anyone. And last week while we celebrated Thanksgiving, actor Dennis Quaid was running back and forth to the hospital because it happened to his two-week old twins when they received a massive overdose of a drug. And it happened at the well-regarded Cedars-Sinai Hospital in Los Angeles.

Now the kids will hopefully be OK despite this, as the overdose was realized and an antidote given. But it’s a good lesson on how to make improvements in the mechanic of how hospitals work and how drug companies package their products. If only people would listen.

The kids had IV lines flushed with Heparin, a blood thinner. They were supposed to be flushed with an infant’s dose of 10 units/ml. But they got an adult’s dose of 10,000u/ml instead. So they received a 1,000x overdose. Oops.

And worse yet, the hospital had previously been warned by the FDA of the potential for mix ups between these two doses.

Here are the questions for the hospital and the drug manufacturer:

What were the adult strength drugs doing in the neonatal unit?
Why do the bottles look the same?
Why weren’t there precautions in place to separate out different dosages?
Why were FDA warnings ignored?

At EverythingHealth (via Grand Rounds at Prudence), Dr. Toni Brayer writes:

The way to prevent these errors and “near-misses” is to put processes into place in health care like we do in aviation safety. Make it hard to do the wrong thing. Labels should have “red alerts” to show different strengths. The background colors on the bottles should be different and the font size needs to be increased. Look alike drug names should be differentiated by using TALL LETTERS. (glipIZIDE vs. glyBURIDE). The bottles should look completely different so it is obvious to every care giver…whether stocking a med cart or administering a medication.

If you think this is a rare occurrence, think again: Each year there are over 1.5 million medication errors in the United States, and as many as 7,000 people will die from them. And our children are the most likely victims (see: Children Are Most Likely Victims of Surgical Medication Errors).

But sometimes, it takes celebrity misfortune to bring home the reality of the problem.

For more:

(Eric Turkewitz is a personal injury attorney in New York)
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Update (12/4/07): Dennis Quaid Sues Baxter Healthcare Over Heparin Label Mixup for Twins

 

November 26th, 2007

How, Exactly, did New York Grade That Bar Exam?

The New York State Board of Law Examiners managed to foul up this year’s bar exam, as readers of this space know, by losing many of the essay answers that had been submitted on laptops.

I covered it when 400 answers were still unaccounted for at the end of August: New York Bar Examiners Still Can’t Find Complete Essay Answers.

And after the results were made known 11 days ago, and the examiners claimed to have taken educated guesses on the missing results, I wrote about it here: NYS Bar Examiners Do Grade Approximation For Missing Exam Answers

But over the holiday weekend, this anonymous comment appeared on my site, claiming that credit was given for an essay with no answer, and the same credit was given for an essay with a great answer. And there was no indication that this person was told his/her essays were part of the missing ones:

Here’s a fair summary (having taken the test, having intense problems down loading and uploading the test) and failed: I left one NYS essay blank. (Ran out of time) I received a 3/10. That’s odd…But then, on the essays I KNEW–KNEW so well that I was practically jumping for joy as I took the test–I received a 3/10 on those as well.

BOLE claims they have informed all those who had computer essays lost–I suspect not. I have written away for my answers and I will be intensly interested to see how that blank esay scored a 3/10…I suspect they were ALL blanks, because of the uploads.

If anyone else is in this prdicament, please chime in. There are a few attorneys that specialize in this, and I’ve contacted a few.

Which leaves all to wonder, especially those that were given a failing grade, exactly how the Board Examiners actually graded the essays. Or if they did at all.

Addendum: There is some discussion at Above the Law about the continued weirdness of the NY exam, and as to the legitimacy of the comment, and understandably so. I am reprinting an exchange from that site where I gave the reason I thought the comment was legit:

Anonymous: Most likely story: 1) Guy is a moron – gets 3/10 on ‘esay‘ he KNEW; 2) BOLE sees blank essay – thinks guy had software problem; 3) BOLE gives guy 3/10 on blank essay, which is his average from the other essays.

Me: That was also my initial reaction. But the writer seems to indicate that s/he was not notified that s/he had a missing essay.

And the fact that the comment was submitted on an 11-day old post (actually 7 days at the time it was made) on a small blog meant it was likely to only be seen by a few, so a hoax didn’t seem likely either.

This gave it a certain ring of truth.

We’ll see if it amounts to anything.

2nd Addendum 12/16/07 — There is an appeals process that BOLE has not publicized: New York Bar Examiners Will Entertain Appeals Over Laptop Problems

Links to this post:

blawg review #137
if it’s december, it must be time to trot out another dante-themed blawg review! following the inferno-themed blawg review #35 and the purgatorio-themed blawg review #86, the divine comedy’s third cantica, paradiso, provides the theme
posted by Colin Samuels @ December 03, 2007 3:01 AM

 

November 21st, 2007

Personal Injury Law Round-Up is Back!

As readers know, I stopped doing the personal injury law round-ups because it was too much to sustain for one person on a weekly basis if I also wanted to write about other stuff (and have a law practice).

So thanks to Brooks Schuelke, who has picked up the ball to run with it. In this abbreviated week, he did a great job right out of the box and also introduced me to blogs I’ve never seen.

So head over to Personal Injury Law Round-Up #37. And please, if you have your own blog, let your own readers know with a link. Those links are a small thank you for the time that was put in creating the round-up.

If others would like to take a turn spinning around the PI blogosphere one week, or be part of a weekly rotation, please let me know. You can email me at Blog [at] Turkewitzlaw.com

 

November 21st, 2007

Happy Thanksgiving


It’s a safe bet that anyone reading this blog is more fortunate than most of the world’s population. So it’s a good time to count your blessings.

And be thankful you’re not a turkey.

Links to this post:

tips for negotiating conversation at the thanksgiving table
i kicked off the thanksgiving holiday season last evening by having an argument with my friend and neighbor the rocket scientist about extraordinary rendition and the effect of immigrant workers on the economy.
posted by [email protected] (Victoria Pynchon) @ November 21, 2007 10:24 AM

 

November 21st, 2007

Why Medical Malpractice Panels Fail

Over at Point of Law, Walter Olson points to a story on medical malpractice panels in New Hampshire and Maine. So I wanted to share New York’s experience with the panels before they were disbanded in the mid-1980s shortly after I started practicing law. I did a few of these before they hit the trash heap.

These panels included a judge, an attorney experienced in handling medical malpractice cases, and a doctor from each speciality that was sued. If there was a unanimous finding, the finding would go to the jury.

The first, and most significant, problem was finding doctors to sit on the panels, which is what caused years of delay to an already protracted litigation system.

The second problem was that, unlike jurors, there was no way to question panelists regarding any biases they might have, the way a juror might be questioned.

The third problem was that that no live witnesses appeared before the panels and there was no cross-examination. Submissions were made confidentially, and a short hearing was held that might last an hour at most. This format made it it impossible to resolve disputed issues of fact.

The fourth problem arose when, if a unanimous panel finding went to the jury, the losing side would invariably subpoena the doctor that appeared, and then cross-examine the physician on the flaws in the hearing that took place. Essentially, that the panel never saw a single witness and was therefore unable to resolve disputed factual issues. (This, in turn, made it even less likely that doctors would want to sit on panels.)

The end effect was years of delay, more expense, and more complicated trials.

It was, in essence, a resounding failure.

Links to this post:

How a personal injury lawyer views the medical malpractice system
How a personal injury lawyer views the medical malpractice system. Personal injury lawyer Eric Turkewitz responds to my recent USA Today piece on fixing the medical malpractice system. by Eric Turkewitz. In a USA Today op-ed,

posted by Kevin @ November 18, 2009 2:00 PM

medical liability screening panels
two years ago new hampshire adopted such a system, following the lead of neighboring maine. doctors in both states are strongly supportive, but critics among lawyers say the panels are slow and costly. the manchester union-leader
posted by Walter Olson @ November 21, 2007 12:18 AM