Medical Risk Law Weekly News

Week of: January 09, 2012


Res Ipsa Loquitur Not Applicable to Texas Sexual Molestation Case

Res ipsa loquitur did not apply in a case brought by a mother against a psychiatric hospital, physician, and counselor after her daughter was sexually abused by another patient.


FDA Announces Infant Liquid Acetaminophen Potential for Dosing Errors

Liquid acetaminophen marketed for “infants” (160 mg/5 mL) is now available. However, this change in the concentration will affect the amount of liquid given to an infant, and should be especially noted if someone is accustomed to using the 80 mg /0.8 mL or 80 mg/mL concentrations of liquid acetaminophen.

CDC Safety Record Good for Flu Vaccines Although Some Should Not Use

Flu vaccines are safe for use and offer the best defense modern medicine currently has at its disposal to protect against the flu and its serious complications.

CDC Reports Decline in Coronary Heart Disease; Still Leading Killer of Americans

The number of Americans reporting they have coronary heart disease, including heart attack and angina (chest pain), continues to decline but rates vary widely from state to state and by race and ethnicity and is still the leading killer of American adults.


No Duty of Care Owed to Hospital Visitor Who Became Dizzy and Slipped Out of Chair

A defendant hospital did not owe a duty of care to a visitor merely because the hospital staff assisted her into a chair after she became dizzy while she was at the hospital where her mother was being treated.

Lab Owes Party Duty of Care for Accurate DNA Testing

A defendant owed a duty to the plaintiff to perform accurate DNA testing for purposes of determining the paternity of her children.

Loss of Chance Doctrine Expanded to Include Serious Harm Short of Death

A Washington State court has held there is a cause of action in the medical malpractice context for the loss of a chance of a better outcome even when the ultimate result is some serious harm short of death.