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Kansas City, Missouri Personal Injury Blog

Safety of generic drugs generally is being seriously questioned

American patients are increasingly being prescribed generic versions of brand name drugs. These prescriptions tend to cost less than name brands even though they are supposed to be identical medications. Essentially, after a period of time, drug manufacturers are required to release their exclusive rights to produce any given drug. Then, other manufacturers compete in the open market for patients who are prescribed generics. This free market competition leads to lower prices and wider availability of generic medications.

It would seem that this system of generic drug competition is a win-win for patients and insurance companies. The cost of the drugs is lower even though patients are receiving quality medication. Unfortunately, generics are increasingly being classified as potentially dangerous products because many have been found to be defective, placebos or otherwise dangerous in ways that brand name drugs tend not to be.

'Top ten' patient care priority list released

Americans love lists. The media, professionals, safety experts and educators sort and rank every conceivable aspect of American life on a regular basis. This American preoccupation with listing things helps both individuals and organizations quickly reference an endless number of topics. Whether it comes to researching the top vacation spots across the nation or the primary causes of a certain kind of cancer, we Americans are constantly referencing handy and often critical lists.

In terms of patient safety, lists are often a focal point for physicians, hospital administrators and safety experts. By grouping critical safety concerns into lists, these individuals can focus their attention on the most pressing safety matters and viable solutions available in regards to patient safety. One recent list is helping administrators to avoid the kinds of gross patient safety mistakes that lead to hospital malpractice.

The need for a NHTSA tire aging test

Approximately a dozen years ago, the nation was gripped by the fallout of the Firestone tire scandal. At that time, tread failure on several models of Firestone tires led to a high rate of catastrophic motor vehicle accidents. But much like the Toyota sudden acceleration scandal of a few years ago, once the media buzz died down the Firestone scandal faded from the public consciousness.

However, there is reason to maintain safety concerns regarding tread wear as a top priority for motorists and safety agencies. In the wake of the Firestone scandal, Congress recommended that the National Highway Traffic Safety Administration (NHTSA) consider implementing tread aging tests as a matter of motor vehicle safety. Despite the passage of many years and the completion of many reports, no such aging test has been released for the benefit of the public.

Hours of Service rule implementation will not be delayed

The Federal Motor Carrier Safety Administration (FMCSA) and the American Trucking Associations (ATA) have long been at odds over certain provisions contained in the new Hours of Service (HOS) rules. These regulations are set to go into effect on July 1 of this year. The ATA had requested that the start date be delayed so that its concerns could be more fully explored. The FMCSA recently denied this request.

The HOS rules aim to reduce the number of truck accidents that occur each year on American roads. Specifically, they aim to reduce the prevalence of driver fatigue, which is a factor in a startling number of these accidents. However, the ATA is concerned that the revised provisions related to fatigue will impact the financial viability of the industry and may cause safety challenges in other areas of the trucking process.

Parents finding innovative ways to keep kids safe on the road

Necessity is the mother of invention. Which is perhaps why so many parents take it upon themselves to fill in critical safety gaps that are not being adequately addressed by existing goods and services. When one's child is in danger, it becomes vitally important to find ways to solve the problem whenever possible. Unfortunately, because car accidents are largely unexpected occurrences, it can be challenging to determine how to keep your children safe should one affect your family.

Thankfully, even though car accidents themselves are ordinarily unanticipated, the causes of car accidents and resulting injury are often well understood. This is why most parents can breathe easier in the knowledge that their children have a better chance of remaining safe as long as the vehicle's driver is not distracted, drowsy, drunk or driving aggressively.

Malpractice rates and mammography misdiagnosis

The subject of mammograms has become surprisingly controversial in recent years. A great deal of time, energy and other resources have been spent by many individuals in the medical industry who have attempted to determine how often women should be subjected to this diagnostic procedure. In short, a balance must be struck by which women are diagnosed with breast cancer in time to adequately treat it, but they are not subjected to the procedure so often that the risk of diagnostic error increases significantly.

Even with an increased focus on this issue and a significant amount of resources fueling debate and research on the issue, women continue to be subjected to mammography misdiagnosis at unacceptable rates. According to a study recently published in the journal Radiology, radiologists are most frequently the subject of malpractice lawsuits related to misdiagnosis and failure to diagnose breast cancer claims as a result of negligence related to mammography.

First hip replacement case of many does not go forward as planned

The first case that Johnson & Johnson (J&J) was set to defend against allegations that its DePuy hip implants caused patients harm has not moved forward as originally planned. A retired dancer had originally filed a much-anticipated claim in state court against the pharmaceutical giant. The case was set to begin in a matter of days. However, talks have resulted in a change of plans.

The dancer is just one of thousands of American patients who have filed suit or will file suit against J&J due to their defective joint replacement products. In fact, over 10,000 lawsuits have been filed in the U.S. to-date. Each alleges that J&J's joint replacement products left them in chronic pain, immobilized or otherwise severely harmed. In addition, plaintiffs are alleging that J&J knew of the defects and failed to properly warn them.

Workplace Fires Continue to Put Employee Well-Being at Risk

Workers like to think that they are generally safe at work; however accidents can happen anywhere, even in the workplace. Workers here in Missouri are protected by various laws and regulations that are in place to help keep these accidents from happening, but unfortunately, when employers violate these laws they needlessly place the safety of their workforce at risk.

A recent fine imposed by an Occupational Safety and Health Administration (OSHA) of another state is just one illustration of how regulatory violations can increase the chances of worker injury.

The fine, which totals $60,250, stems from a workplace fire that took place in a refinery last May - after which 12 workplace violations were discovered by that state's OSHA, 11 of which were considered serious. Some of the violations include:

  • Failure by the company to provide burn cream and inability to treat employees within minutes following a fire
  • Failure by the company to inspect portable eyewash stations and provide fast employee access to these stations and emergency showers
  • Failure by the company to train employees in proper safety techniques and procedures
  • Failure by the company to finish "management-of-change" procedures before installing new emergency showers and eyewash stations

Patients Need to Keep an Eye Out for Medication & Prescription Errors

When visiting Kansas City area hospitals and doctors' offices, we expect the medical staff to use great care when treating us, especially when it comes to the drugs that they put in our bodies. Unfortunately, even doctors and nurses make mistakes as medication errors happen all too often - errors such as prescribing the wrong drugs in inappropriate doses or administering the drugs incorrectly.

There have been almost 30,000 cases of medication errors reported to the U.S. Food and Drug Administration (FDA) alone since 1992 - which is probably a low estimate since reporting these incidents are voluntary. Some of the reported errors include:

  • An elderly patient dying after being given a 10 milligram daily dose of methotrexate when they were supposed to get only 10 milligrams a week.
  • A patient being accidently injected with 200 units of insulin rather than the prescribed 20 units since the "U" in the abbreviated "20 U" on the prescription was thought to be a zero instead of a "U," which ultimately led to the patient's death.
  • Another patient passing away after his spouse accidentally gave him six transdermal fentanyl patches, leading to a massive overdose of the pain medication.

Medical Mistakes Increase During the Month of July

If it were possible to decide when to enter the hospital with an illness or for surgery, July would be the month to not to choose. Statistically, medical mistakes increase by 10 percent during July when compared to other months of the year, according to a study by the University of California San Diego published in the Journal of General Internal Medicine.

One of the main reasons for the increase in injuries is that July is often the month that new residents begin positions at teaching hospitals. Along with these young and inexperienced residents comes an increase in medical mistakes. However, there are steps that can be taken to reduce the chances a medical mistake will be made during a hospital stay in July - or any other month for that matter.

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