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New Jersey Medical Malpractice Law Blog

FDA warns breast implants linked to rare form of cancer

The AP (2/7, Perrone) reports the Food and Drug Administration issued a letter warning health care professionals "to be on the lookout for a rare cancer linked to breast implants after receiving more reports of the disease." The AP adds that breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) "usually forms in the scar tissue that forms around implants." FDA spokeswoman Stephanie Caccomo said, "Having everyone informed about this is in the best interest of the patient."

Are concussion misdiagnoses common in emergency departments?

An injury that requires a trip to the emergency room is likely serious and quite concerning. When an emergency or urgent care staff fails to correctly diagnose your condition, it can lead to worsening symptoms and dramatic changes. Unfortunately, it is not uncommon for an emergency room or emergency department (ED) staff to miss a concussion diagnosis that is associated with head trauma.

E-Discovery in the Realm of Medical Malpractice

Due to an increased reliance on technology, hospitals, urgent care and other healthcare facilities have lost the ability to effectively bury paperwork that does not show them in a positive light. Pioneering medical malpractice attorneys understand the importance of an accurate electronic record and the crucial role that e-discovery plays in the future of negligence cases.

In the past, it might have been simple for doctors or nurses to alter records to limit liability or hide negligence. As the medical field adopts electronic records, these alterations might be more complex. For example, patient records can be duplicated in numerous fields from billing to an EHR (electronic health record). In addition, many companies regularly back up data in a secure offsite facility. This is all done to ensure the privacy, security and efficiency of data handling and patient protection. However, this can work against someone attempting to change the file.

Can Medical Negligence Be Prevented By Better Record-Keeping?

Many industries share an increased reliance on technology in their daily activities. From scheduling programs to digital record-keeping, health care professionals rely on computer-aided organization to stay focused on patient care and minimizing stress. But, are these steps enough to ensure proper care?

Can Electronic Health Records Prevent Harm To Patients?

5 Health Technology Hazards For 2019

Patients trust that hospitals are clean, organized and sterile. Unfortunately, there are numerous ways - even outside contracting additional illnesses - that people can become victims. Each year, the ECRI Institute's Health Devices Group identifies the top potential hazards facing those seeking care in the upcoming year.

The Role of Artificial Intelligence in Diagnostic Medicine

Individuals are becoming much more accustomed to having smart systems such as Siri, Alexa and Cortana provide assistance, guidance or advice on a daily basis. As this technology increases, more healthcare providers are exploring the viability of artificial intelligence and the benefits that machine learning might ultimately have on diagnostic medicine. The reliance on any emerging technology must be tempered with careful attention to both the benefits and the dangers inherent in its use.

The use of intelligent machines to aid in diagnosing complex conditions might provide a workforce benefit - but it might also provide a dangerous shortcut that could result in a fatally incorrect diagnosis.

Defensive Medicine: The Undoing of Sound Medical Practice

“I will prescribe regimen for the good of my patients according to my ability and my judgment and never do harm to anyone.” Hippocrates.

This is the oath that every physician is bound to follow. Over the years, however, some members of the medical profession have been chipping away at the oath’s core by engaging in ‘defensive medicine.’

Hospital negligence: Failing to perform due diligence when hiring

Negligently hiring a doctor or surgeon with a checkered past could result in a hospital being held liable for injuries that come to patients. Hospitals that don't consider the people they hire put their patients at risk, which is unacceptable.

When a hospital is held liable for poor hiring choices, it's called vicarious liability. Vicarious liability holds the hospital liable when a doctor or other staff member makes a mistake that harms a patient. It's held liable under the theory of "respondeat superior."

What to know about physical therapy

After surgery, your primary source of information on your recovery tends to be your physical therapist. They know your timelines and recovery estimates and see you a few times a week. But is that enough for you to truly know how your recovery is progressing?

Physical therapy can help many kinds of ailments, and decrease pain without the use of drugs. However, it is important that all patients take a proactive role in getting better, and to help with that here is a list of possible red flags you should watch for during your physical therapy.

Heart Attack In Women - The Deadly Misdiagnosis

Nearly everyone in the United States has at least an anecdotal understanding of the symptoms of a heart attack. Whether it was a family member, a friend, a co-worker or a classmate everyone recognizes the classic symptoms - chest pain, shortness of breath, a numbing sensation in the left arm. Unfortunately, there has been a historical disparity between how men and women experience the symptoms of a heart attack - and this has led to a shockingly common occurrence of missed or misdiagnoses.

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Any lawyer can win damages in egregious cases such as operating on the wrong body part. Many firms have the resources to hire experts. But few lawyers truly understand the medical science of medical malpractice litigation. As a result they may fail to recognize a viable case, unwisely pursue a weak case, or stumble in cross-examination of those medical experts.

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