Medical Risk Law Weekly News

Week of: January 04, 2012


Physician and Nurse Use of PDAs and Other Electronics May Result in Medical Mistakes

Physicians and medical staff increasingly are using smartphones and tablet computers and while this new technology can benefit care, they also create personal distractions that may lead to medical mistakes.


FDA Issues Warning on HCG Diet Products

The FDA and the FTC have issued letters to companies warning them that they are selling illegal homeopathic HCG weight-loss drugs that have not been approved by the FDA.

FDA Targets Gastric Band Weight-Loss Claims

FDA has warned eight surgical centers and a marketing firm about misleading advertising of the Lap-Band device that is implanted in a surgery called gastric banding to help adults eat less and lose weight.

FDA and Partners Working to Prevent Surgical Fires

An estimated 550 to 650 surgical fires happen every year in U.S. operating rooms. The FDA is building a coalition of public and private healthcare organizations to prevent surgical fire medical errors.

FDA Raises Concerns about Improperly Reprocessed Medical Devices

When a medical device is inadequately cleaned and disinfected patients may be exposed to “microscopic amounts of blood, body fluids, and tissue from other patients,” according to a Consumer Update released by the FDA.


Cruise Ship Owner May Be Liable to Crew or Passengers for Medical Treatment

A cruise ship was held not unseaworthy even though it was alleged that the ship's doctor was negligent in diagnosing and treating a patient.

Claim by Psychiatric Patient Against Facility Alleging Failure to Protect from Attack by Another Patient Is Ordinary Negligence

A claim against a psychiatric facility by a patient who was attacked by another patient alleging negligent failure to protect the plaintiff and to provide adequate supervision and security did not sound in medical malpractice, but instead in ordinary negligence.

Physician’s Decision Not to Use Restraints on Suicidal Patient Was Not Malpractice

A physician was not liable for a patient's death from injuries sustained when she threw herself from an ambulance, as the physician's decision not to impose restraints during the transfer was a matter of professional judgment.