Med Mal News

Hospital Must Repeat Blood Tests on Nearly 1,000 Patients

New York's State Health Department has ordered Bronx-Lebanon Hospital, of the Bronx, to retest 920 patients whose blood was drawn for testing on certain days between April 17, 2008 and Dec. 3, 2008, because some results for patients tested on those days were reported to the wrong patients. The mix-ups, which apparently occurred because of labeling errors, came to light in 2008 when six patients reported receiving the wrong test results, indicating that other people tested on the days those six were seen may also have received the wrong results. The health department has instructed the hospital to perform a root cause analysis to identify steps in the process in which errors could have occurred, so that they can be prevented in future.

Doctor Gets 10 Years for Lax Prescribing Practices

Dr. Phil Astin, the physician to a pro wrestler who killed his family and then himself while on steroids and other medications, has been sentenced to 10 years in prison for illegally prescribing inappropriate drugs to patients. Charles Benoit, who was under Dr. Astin's care at the time of the murder/suicide, reportedly had about 10 times the normal amount of testosterone in his system when he killed his wife and young son, then hung himself. The doctor pleaded guilty in January to a 175-count federal indictment, which did not mention Benoit's case as a basis for the charges. He was alleged to have prescribed drugs for patients without examining them. He was also accused of writing several identical prescriptions simultaneously for patients, and of prescribing for them multiple medications that should not have been taken together.

Assisted Living Facility Sued for Forcing Out
HIV-Positive Resident

Lambda Legal, the prominent gay, bisexual, transgender and HIV-rights activist group, has filed suit against an Arkansas assisted living facility for discrimination against a resident with human immunodeficiency virus (HIV). The resident, Reverend Dr. Robert Franke, is a retired minister and university provost who had, just the day before his eviction, moved into the facility, Fox Ridge of North Little Rock. According to the plaintiffs, Fox Ridge is licensed by the State of Arkansas to provide the type of care Franke needs. The complaint, brought under the Americans With Disabilities Act as well as state and federal fair housing laws, seeks a declaratory judgment indicating that Franke's rights were violated and enjoining Fox Ridge from ever discriminating against residents or potential residents on the basis of their HIV-positive condition.

No Benefit to Early Treatment of Ovarian Cancer Relapses

The American Society of Clinical Oncology (ASCO) reports that a multinational study involving nearly 1,500 women has found no survival benefit in the periodic tests commonly performed on women whose ovarian cancer has gone into remission. The trial was conducted by the Medical Research Council and the European organization for Research and Treatment of Cancer. The researchers observed that women who got early treatment for recurrence of ovarian cancer after tests showed a rising CA125 biomarker had no better chances of survival than women who simply waited for symptoms, like pelvic pain, to appear before beginning treatment. The subjects who waited for treatment until symptoms appeared reported a better quality of life than did those who were tested and given early treatment. According to ASCO, nearly 80% of women with advanced ovarian cancer whose disease goes into remission relapse after their first course of chemotherapy. A summary of the results of the study can be viewed at: http://www.asco.org/ASCOv2/Meetings/ASCO+Annual+Meeting/2009+ASCO+Daily+News/Tuesday,+June+2,+2009/Phase+III+Results+Indicate+No+Survival+Benefit+for+Early+Treatment+of+Relapsed+Ovarian+Cancer+Based+on+CA125+Levels+Only

Joint Commission

Noting that the population of the United States is becoming more culturally diverse, the Joint Commission is asking for ideas on how hospitals can improve patient care through better understanding of the cultural and language barriers that impair adequate communication between patient and caregiver. The Commission has formulated proposed accreditation requirements in this area, but they are asking interested parties to take part in a survey that will help them to hone the final product. Anyone interested in contributing to the discussion of the issue will find links to the proposed requirements, as well as to the Joint Commission's survey, at: http://www.jointcommission.org/Standards/FieldReviews/field_ecccpc.htm.

For Safety's Sake, Abortion Clinic Seeks Closed Trial

In a case that will test the extent of diligence a Georgia health care provider must employ in notifying a teenager's parents that she is seeking an abortion, an Atlanta clinic and its physicians have asked the court to seal the records, citing safety concerns. The issue of safety has come into increased focus in light of the recent murder of Dr. George Tiller, a Kansas doctor who performed abortions, by an anti-abortion activist. That shooting took place while Dr. Tiller was attending church.

The Georgia case was filed by attorneys S. Fenn Little Jr. and Jonathan Crumly on behalf of a teenaged girl and her mother. The attorneys, who usually concentrate their practices on construction law and criminal defense, also take on cases promoting conservative religious freedom rights. The suit claims the Northside Women's Clinic violated the State's parental notification law (parental permission is not required) when it performed the abortion on the girl without notifying her mother. Before obtaining the abortion, the girl presented the clinic with a note, ostensibly signed by her mother, but signed instead by her then-boyfriend's mother. According to the suit, since the time of the abortion, the teenager and her mother have both experienced “mental and physical pain and suffering due to the violence of the” abortion.

Hospital Must Repeat Blood Tests on Nearly 1,000 Patients

New York's State Health Department has ordered Bronx-Lebanon Hospital, of the Bronx, to retest 920 patients whose blood was drawn for testing on certain days between April 17, 2008 and Dec. 3, 2008, because some results for patients tested on those days were reported to the wrong patients. The mix-ups, which apparently occurred because of labeling errors, came to light in 2008 when six patients reported receiving the wrong test results, indicating that other people tested on the days those six were seen may also have received the wrong results. The health department has instructed the hospital to perform a root cause analysis to identify steps in the process in which errors could have occurred, so that they can be prevented in future.

Doctor Gets 10 Years for Lax Prescribing Practices

Dr. Phil Astin, the physician to a pro wrestler who killed his family and then himself while on steroids and other medications, has been sentenced to 10 years in prison for illegally prescribing inappropriate drugs to patients. Charles Benoit, who was under Dr. Astin's care at the time of the murder/suicide, reportedly had about 10 times the normal amount of testosterone in his system when he killed his wife and young son, then hung himself. The doctor pleaded guilty in January to a 175-count federal indictment, which did not mention Benoit's case as a basis for the charges. He was alleged to have prescribed drugs for patients without examining them. He was also accused of writing several identical prescriptions simultaneously for patients, and of prescribing for them multiple medications that should not have been taken together.

Assisted Living Facility Sued for Forcing Out
HIV-Positive Resident

Lambda Legal, the prominent gay, bisexual, transgender and HIV-rights activist group, has filed suit against an Arkansas assisted living facility for discrimination against a resident with human immunodeficiency virus (HIV). The resident, Reverend Dr. Robert Franke, is a retired minister and university provost who had, just the day before his eviction, moved into the facility, Fox Ridge of North Little Rock. According to the plaintiffs, Fox Ridge is licensed by the State of Arkansas to provide the type of care Franke needs. The complaint, brought under the Americans With Disabilities Act as well as state and federal fair housing laws, seeks a declaratory judgment indicating that Franke's rights were violated and enjoining Fox Ridge from ever discriminating against residents or potential residents on the basis of their HIV-positive condition.

No Benefit to Early Treatment of Ovarian Cancer Relapses

The American Society of Clinical Oncology (ASCO) reports that a multinational study involving nearly 1,500 women has found no survival benefit in the periodic tests commonly performed on women whose ovarian cancer has gone into remission. The trial was conducted by the Medical Research Council and the European organization for Research and Treatment of Cancer. The researchers observed that women who got early treatment for recurrence of ovarian cancer after tests showed a rising CA125 biomarker had no better chances of survival than women who simply waited for symptoms, like pelvic pain, to appear before beginning treatment. The subjects who waited for treatment until symptoms appeared reported a better quality of life than did those who were tested and given early treatment. According to ASCO, nearly 80% of women with advanced ovarian cancer whose disease goes into remission relapse after their first course of chemotherapy. A summary of the results of the study can be viewed at: http://www.asco.org/ASCOv2/Meetings/ASCO+Annual+Meeting/2009+ASCO+Daily+News/Tuesday,+June+2,+2009/Phase+III+Results+Indicate+No+Survival+Benefit+for+Early+Treatment+of+Relapsed+Ovarian+Cancer+Based+on+CA125+Levels+Only

Joint Commission

Noting that the population of the United States is becoming more culturally diverse, the Joint Commission is asking for ideas on how hospitals can improve patient care through better understanding of the cultural and language barriers that impair adequate communication between patient and caregiver. The Commission has formulated proposed accreditation requirements in this area, but they are asking interested parties to take part in a survey that will help them to hone the final product. Anyone interested in contributing to the discussion of the issue will find links to the proposed requirements, as well as to the Joint Commission's survey, at: http://www.jointcommission.org/Standards/FieldReviews/field_ecccpc.htm.

For Safety's Sake, Abortion Clinic Seeks Closed Trial

In a case that will test the extent of diligence a Georgia health care provider must employ in notifying a teenager's parents that she is seeking an abortion, an Atlanta clinic and its physicians have asked the court to seal the records, citing safety concerns. The issue of safety has come into increased focus in light of the recent murder of Dr. George Tiller, a Kansas doctor who performed abortions, by an anti-abortion activist. That shooting took place while Dr. Tiller was attending church.

The Georgia case was filed by attorneys S. Fenn Little Jr. and Jonathan Crumly on behalf of a teenaged girl and her mother. The attorneys, who usually concentrate their practices on construction law and criminal defense, also take on cases promoting conservative religious freedom rights. The suit claims the Northside Women's Clinic violated the State's parental notification law (parental permission is not required) when it performed the abortion on the girl without notifying her mother. Before obtaining the abortion, the girl presented the clinic with a note, ostensibly signed by her mother, but signed instead by her then-boyfriend's mother. According to the suit, since the time of the abortion, the teenager and her mother have both experienced “mental and physical pain and suffering due to the violence of the” abortion.