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San Jose Medical Malpractice Blog


San Jose medication error injury lawyerWhile medical professionals often prescribe medications for a variety of reasons, the introduction of a medication into a patient’s system brings the risk an unexpected adverse reaction. The possibility of damage dramatically increases if the patient is taking more than one prescription medication. While each medicine is intended to create the desired health effects through chemical reactions within the body, when multiple biochemical processes coincide, there is a chance for incompatibility. Mixing drugs and medication errors can have potentially deadly side effects.

The Dangers

You have likely seen commercial television advertisements put out by pharmaceutical companies. Marketing executives ensure that the miraculous, life-saving potential of their medication comes across loud and clear. However, the potential risks and side effects often appear in an almost comical fashion during these commercials, often in a rushed and inaudible manner at the tail-end of the ad. Viewers who listen carefully will often hear “do not take this medication if you are taking [certain other medications]” in addition to a slew of other potentially life-threatening side effects. Ignoring these advisories can have the following consequences:

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San Jose medical malpractice attorneysPatients who rely on implantable cardiac devices like pacemakers have plenty to worry about in their daily lives. The last thing they need is something else that could possibly go wrong. Unfortunately, nearly half a million patients recently found out that their pacemakers are potentially at risk of being hacked. In August of last year, the U.S. Food and Drug Administration (FDA) issued its first-ever medical device recall based on cybersecurity concerns.

The Dangers

According to various sources, the FDA recalled six pacemaker models—all of them manufactured by Abbott and distributed under the St. Jude Medical label. The total number of patients affected by the recall is estimated to be about 465,000.

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San Jose surgical malpractice lawyersWhen a patient undergoes surgery, they place their lives in the hands of the surgeon and their surgical team. What happens when someone makes a mistake and leaves behind a foreign object? In many cases, it can lead to serious injury, and in the worst of situations, it can lead to death. Thankfully, victims can reduce their risk of such issues by knowing how to recognize the signs and symptoms of a retained surgical item. Learn more, including how an experienced attorney can help you or your loved one seek compensation after a death or injury caused by a retained object, with help from the following information.

How Common Are Retained Surgical Items?

A retained foreign body might seem like a rare occurrence, but statistics indicate that it occurs far more frequently than patients realize. In fact, approximately 1 in 1,500 surgeries involve a retained surgical item. Approximately 70 percent of those items are fabric, while around 30 percent of the items are metal.

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San Jose medical malpractice lawyersWhen a medical error occurs, patients naturally assume that the negligent party is the care provider that treated them. While true in some cases, it is rarely that simple in a medical malpractice case. In fact, many cases involve non-direct care providers, like anesthesiologists. Then there are instances in which there is more than one party at fault. One of the most commonly seen scenarios is when the employer of a care provider – be it a clinic or hospital – also shares a measure of fault in the injury of a patient. Learn more about how to deal with these situations, and discover what an experienced attorney can do to help.

Badly Behaving Doctors Still Permitted to Work

While most hospitals and clinics are diligent about screening and disciplining their physicians if they have acted negligently, there are those who could not seem to care less about the safety of their patients. A prime example is a Cleveland clinic that was recently accused of keeping a surgeon on their payroll while going through settlement negotiations with two patients he had allegedly raped during a routine medical procedure. The surgeon then left the clinic and went to work at an Ohio hospital, who claims they were unaware of his history. News sources suggest that this may have been related to an intentional cover-up by the clinic.

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San Jose medical malpractice lawyersA renowned surgeon in the United Kingdom was in court earlier this month to answer criminal charges that he carved his initials into the livers of at least two patients during surgery. According to news reports and court documents, the doctor used an argon beam to essentially “write” his own initials on the surface on the new livers of transplant patients. British news sources have not indicated an ongoing medical malpractice investigation, though one might imagine that if the incident had occurred in the United States, a malpractice lawsuit would have almost certainly be underway.

Plea Deal Accepted

The 53-year-old hepato-pancreato-biliary surgeon—which is a fancy way of saying liver, pancreas, and spleen surgeon—pleaded guilty to two counts of assault in Birmingham Crown Court. Crown prosecutors accepted the plea in place of more serious charges of assault occasioning actual bodily harm. He was released on unconditional bail until his sentencing hearing next month. The doctor resigned in 2014 and has not practiced since then.

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Corsiglia McMahon & Allard, L.L.P.

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