Medical Risk Law Weekly News

Week of: January 19, 2015


Risks of Pain Medicine Use During Pregnancy

Concerns have arisen from recent reports questioning the safety of prescription and over-the-counter (OTC) pain medicines when used during pregnancy. As a result, the FDA evaluated research studies published in the medical literature and determined these studies are too limited to make any recommendations based on them at this time. Because of this uncertainty, the use of pain medicines during pregnancy should be carefully considered. The FDA urges pregnant women to always discuss all medicines with their health care professionals before using them. Click title to continue reading...


Inversion Tables Causing Injuries; Dick’s Sporting Goods Recall

Dick’s Sporting Goods of Pittsburg, Pennsylvania, recalled the Fitness Gear Inversion Table. While the Fitness Gear Inversion Table product manual clearly stresses the importance of ensuring the ankle locking systems are engaged, some customers have fallen and sustained injuries.

Keepsake Fetal Imaging Potentially Harmful; FDA Strongly Discourages

Ultrasound imaging is the most widely used medical imaging method during pregnancy. Fetal ultrasound imaging provides real-time images of the fetus. Doppler fetal ultrasound heartbeat monitors are hand-held ultrasound devices that let you listen to the heartbeat of the fetus. Both are prescription devices designed to be used by trained health care professionals. They are not intended for over-the-counter (OTC) sale or use, and the FDA strongly discourages their use for creating fetal keepsake images and videos. Click title to continue reading...

Alcohol Poisoning Kills Six People in the U.S. Each Day

More than 2,200 people die from alcohol poisoning each year in the United States – an average of six deaths each day – according to a new report from the CDC. Alcohol poisoning deaths are most common among middle aged adults. Three in four alcohol poisoning deaths involve adults between the age of 35 and 64. Most deaths occur among men and non-Hispanic whites. American Indians/Alaska Natives have the most alcohol poisoning deaths per million people.


No Duty of Physician To Consult Nurse on Per-Prescription Basis; Patient Harms Children

A man was a patient under the care of a nurse practitioner. The nurse practitioner prescribed the man at least six medications, including Concerta, Valium, Doxepin, Paxil, pregnenolone, and testosterone. While under the influence of those medications, the man shot and killed his wife. The man went to prison on a guilty plea to the charge of aggravated murder. This left their two minor children essentially parentless. Click title to continue reading...

Malpractice Complaint Filed Without Proper Pre-suit Notice; Limitations

A woman died at the county hospital. Her wrongful death beneficiaries provided a Notice of Claim to the county clerk and to the county attorney. But they did not provide notice to the county hospital’s chief executive officer (CEO), as required by the Mississippi Tort Claims Act (MTCA). Just short of a year after the woman died, the beneficiaries sued the county hospital for medical malpractice and served its CEO with a copy of the complaint. Click title to continue reading...

IME Report Disclosed Late, Provides Fair Review; Back Pain Benefits Denied

A woman worked for her employer as an ultrasound technician. After about seven years, she stopped working due to neck, shoulder, and upper back pain. Her employer provided a long-term disability benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Her employer’s long-term disability benefits plan administrator terminated her long-term disability benefits after two years. Click title to continue reading...