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Litigation In the National Health Service for Oral and Maxillofacial Surgery
An article appears in the British Journal of Oral and Maxillofacial Surgery titled “Litigation in National Health Service oral and maxillofacial surgery: review of the last 15 years,” by A. Gulati et. al. (50, pages 385-388, 2012). The authors state: “Published data regarding litigation in other surgical specialties are plentiful, but to our knowledge there is little detailed analysis of claims within the specialty of oral and maxillofacial surgery (OMFS) despite information being freely available from the NHS Litigation Authority (NHSLA) under the Freedom of Information Act.” The authors used data from April 1995 to August 2010 from the NHSLA. A total of 318 claims were registered during this 15 years. Claims have been increasing in recent years. Of these claims 253 were closed. A total of 137 claims (54%) resulted in compensation with the rest not being successful. The … Read more
The Right to Health and Information
An interesting article is written by Trudo Lemmens and Candice Telfer titled “Access to Information and the Right to Health: The Human Rights Case for Clinical Trials Transparency,” which appeared in the 2011 issue of the American Journal of Law and Medicine (vol. 38, pages 63-112). In the article the authors argue that information about clinical trials should be recognized as a fundamental component of the right to health. The authors make a mention of two controversies in recent years. The first is of GlaxoSmithKline and its use of the antidepressant Paxil for treatment of depression in the pediatric population. In 2004, the Attorney General of New York prosecuted GSK for allegedly hiding negative data, selective publishing of positive data, and use of skewed publications to promote off-label prescriptions. The second case is the mention of Vioxx in which the … Read more
Defense Expenses and their role in Medical Malpractice Claims
An interesting article titled “The Impact of Defense Expenses in Medical Malpractice Claims” written by Aaron E. Carroll, Parul Divya Parikh, and Jennifer L. Buddenbaum appears in the Spring 2012 issue of the The Journal of Law, Medicine & Ethics (vol. 40, issue 1, pages 135-142). The authors state “Multiple factors go into the determination of medical professional liability insurance premiums including return on investments, reinsurance costs, claims frequency, average amount paid out on malpractice claims, defense expenses, and administrative costs such as underwriting expense. These factors all interact with each other and, in general, evidence exists that each of these factors has played a role in the escalating cost of medical professional liability insurance.” The authors go on to describe tort reform efforts and state “These reform efforts include caps on damages, abolition of punitive damages, eliminating mandatory prejudgment interest, … Read more
Oral Surgeon Investigated for Reusing Needles and Syringes
The Colorado Department of Public Health has released a lengthy document regarding an oral surgeon regarding unsafe injections. The document is from July 20, 2012, and is located over at http://www.cdphe.state.co.us/dc/Epidemiology/dentistFAQs.pdf. The document states: “Between September 1999 and June 2011, syringes and needles were re-used for multiple patients to give intravenous (IV) medications, including sedation. The IV medications were given during oral and facial surgery procedures. Needles and syringes were used repeatedly, often for days at a time. Because there can be a small amount of blood that remains in syringes and needles after an injection through an IV line, there is a risk of spread of bloodborne viruses, such as HIV, hepatitis B, and hepatitis C, between patients.” Patients who saw the oral surgeon in question were sent a mailing if they could be identified via medical records and … Read more