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Consumer Concerns and Advice Recent UpdatesMay 12, 2008 May 05, 2008 April 30, 2008 April 22, 2008 April 14, 2008 Archives
May, 2008 Web ResourcesChalat Hatten & Koupal PC
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When you think of the legal issues arising from health care, the obvious association is medical malpractice by a doctor. Yet, as our modern health care system has become increasingly complex so to has the range of malpractice occurrences. And malpractice is not the only legal concern - your legal rights are often defined by medical insurance coverage and subrogation, HIPPA requirements, state and federal benefits, living wills and quality of life issues. For those with a legal question arising from medical care, the postings under this topic provide some answers.
Safety Not a State Concern? Yesterday the U.S. Supreme Court ruled in a medical malpractice case, Riegel v. Medtronic, holding that the federal law, Medical Device Amendments, preempts any state laws regarding medical devices where the device manufacturer complied with federal requirements. By now, everyone is aware of how little protection is frequently offered by "federal requirements" when oversight is provided by agencies such as the Food and Drug Administration or the Consumer Product Safety Commission. Now state law can offer no protection against the negligently designed or manufactured medical device so long as federal requirements are satisfied - feel safer?
Brain Dead or Brain Injured? A Minnesota woman who was declared brain dead last month left the hospital Wednesday after a miraculous recovery. The 65-year-old suffered a massive cerebral hemorrhage in January. Life support had been disconnected. Somehow, she regained consciousness as her family began planning her funeral.
Study Exposes Medical Care Crisis Fairy Tale There is no medical malpractice lawsuit crisis in America, according to analysis released last month by Public Citizen. The new report, "The Great Medical Malpractice Hoax," dispels oft-repeated myths of dwindling doctors and spiraling insurance premiums used to support limits on the ability of injured patients to seek redress in the courts.
Profits Over Science in Spine Study A recent development in back care was hailed as a dramatic breakthrough. In a study of nearly 240 patients with lower back pain, the doctors performing the study concluded that the Prodisc, an artificial spinal disk, had worked much better than conventional surgery in which patients' vertebrae were fused. "As a surgeon, it is gratifying to see patients recover function more quickly than after fusion and return to their normal activities more easily," Dr. Jack E. Zigler, a well-known spine specialist and one of the study's lead researchers, said in a 2006 news release announcing the latest results of the Prodisc clinical trial. |
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. | |
