Medical Risk Law Weekly News

Week of: March 12, 2012


Healthcare Providers Owe Duty Not to Prescribe Medications That Cause Patients to Harm Third Parties

While taking several psychiatric medications prescribed by the defendant physician, a patient shot and killed his wife. The decedent’s minor children sued the physician for negligent prescription.


FDA Approves First Quadrivalent Vaccine To Prevent Seasonal Influenza

FluMist Quadrivalent, a vaccine to prevent seasonal influenza in people ages two years through 49 years, has been approved by the U.S. Food and Drug Administration.

FDA Warns Statins and HIV or Hepatitis C Drug Interaction Increases Risk of Muscle Injury

The FDA notified healthcare professionals of updates to the prescribing information concerning interactions between protease inhibitors and certain statin drugs. Protease inhibitors and statins taken together may raise the blood levels of statins and increase the risk for muscle injury (myopathy).

Automated External Defibrillators Recalled Due to Possible Defective Component

The FDA notified healthcare professionals and medical care organizations of the Class 1 recall of Cardiac Science Powerheart, CardioVive, CardioLife; GE Responder and Responder Pro, and Nihon-Kohden Automated External Defibrillators (AEDs), which contain a component that may fail unexpectedly due to a defect.


Psychiatric Hospital’s Negligent Supervision of Employee Was Malpractice But Vicarious Liability for Employee’s Rape of Patient Was Not

A psychiatric hospital’s alleged negligent supervision of a patient who was raped by a hospital employee constituted medical malpractice within the meaning of the Louisiana Medical Malpractice Act (MMA), and was therefore properly dismissed on an exception of prematurity because the claim was not first presented to a medical review panel.

Private Ambulance Company Not Immune from Liability for Negligent Care During Helicopter Transport

A private air ambulance company was not immune from liability for failure to ensure a patient had sufficient oxygen during medical transport on a helicopter, resulting in the patient suffering brain damage.

Nurse Cannot Sue Attending Physician for Wrongful Termination by the Hospital

A nurse could not maintain a claim for wrongful termination by a hospital against an attending physician in the absence of an employee/employer relationship between the nurse and the physician.