DC Metro Area Medical Malpractice Law Blog

Posted by: Salvatore J. Zambri, founding member and senior attorney     

In a column in the Baltimore Sun (8/31), Jay Hancock writes that St. Joseph Medical Center in Towson, MD, "deserves credit for shutting down Dr. Mark Midei last year when an internal review showed that he was implanting stents in numerous coronary arteries with 'insignificant' blockage." Now St. Joseph "needs to continue to do the right thing and negotiate in good faith with patients who got stents that a state inquiry and the hospital's own probe suggest were unneeded." They should drop the "stonewalling" and "the legal bluster" that is being used to deny justice to those who have been harmed.

Every day I represent patients who have been harmed, and sometimes killed, as a result of medical negligence.  Medical providers should indeed by credited when changes take place to avoid future errors.  Making changes is not enough, though.  The providers should also take responsibility for their wrongdoing and fairly compensate the victims of the medical mistakes.

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2010)--national publications that honor the top lawyers in the country.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899. 

Posted by Salvatore J. Zambri, founding partner

A Virginia Beach jury recently awarded a $1.95 million verdict to the family of a woman who died of aspiration pneumonia following a cosmetic surgery known as the "mommy makeover" operation.  According to the family's lawyer, the surgeon in this case allowed the patient to go home an hour after completion of a breast lift and augmentation, liposuction and a tummy tuck, although she was having trouble breathing at the time.  After leaving the surgery center, she later experienced dizziness and fever, as well as problems moving and concentrating.  A call from the woman's sister to the surgeon's office the day after the surgery was not returned. 

As more cosmetic procedures for any number of perceived or real deficiencies are being done in surgery centers instead of traditional hospital settings, more risks may become evident because patients are frequently sent home prematurely. Some steps available to patients that may help in minimizing risks of surgery at a surgery center:

• check the cleanliness and professional appearance of the surgery center;
• verify that the facility is accredited by a national agency, the state where the facility is located, or Medicare; (Not all states even require surgery centers to be accredited.)
• confirm that the doctor is board certified in the specialty for your surgery;
• ensure that the doctor is credentialed by a hospital. If local hospitals would not allow that surgeon to perform the procedure in their facility, the surgery center may be a haven for a non-credentialed surgeon.

I have handled botched cosmetic surgery claims for many years.  Without a good doctor performing the procedure in a sanitary environment with the appropriate equipment and staff, the patient will be at great risk.  Don't be afraid to ask questions before undegong any procedure.  It is, after all, your health that is at stake.

Posted by: Salvatore J. Zambri, founding member and senior attorney     

The CBS Evening News (8/30, story 9, 0:40, Smith) reported that a recently released study reveals that "one in three first-time mothers" in America "has a c-section these days," a trend that's not likely to "reverse in the near future, because once a woman has a c-section she's more likely to have future babies delivered the same way."   The study claims that the rate of c-section is worrisome because "Caesareans pose a risk of surgical complications and research has found that they are more likely than normal births to cause problems that can put the mother back in the hospital and the infant in intensive care," the New York Times (8/31, D7, Grady) reports. "Caesareans also increase the risk of dangerous abnormalities in the placenta during later pregnancies, which can cause hemorrhaging and lead to a hysterectomy." What's more, "costs for a Caesarean are nearly twice those for a vaginal delivery."

Indeed, "C-sections are necessary sometimes to save the baby or the mother or both," according to the Washington Post's "The Checkup" blog. "But experts think they're being done far too frequently." The current study authors "stress that the study can't determine exactly how many of the C-sections were really unnecessary and could have been avoided," but it "does provide new evidence that more could be done to avoid women getting C-sections the first time around, and more could at least try a regular birth even if they have had a previous C-section."

Before reaching those conclusions, researchers at the Eunice Kennedy Shriver National Institute of Child Health & Human Development looked at data on "230,000 deliveries at 19 hospitals across the country," according to the Los Angeles Times' (8/30, Roan) "Booster Shots" blog.  The paper in the American Journal of Obstetrics & Gynecology revealed, "not surprisingly, that the major reason for undergoing a cesarean was due to the woman having a prior C-section.  Still, almost half of the cesareans that took place after labor had started were due to 'failure to progress,' and the study suggests that doctors aren't acknowledging that labor takes time and doesn't follow a predictable pattern in women, especially first-time mothers."

In preparing for child delivery, it is important for women to speak with their physicians to best understand the safest available options.  Natural delivery may be the healthiest method for a mom.  However, it should always be remembered, that during natural delivery, the baby or the mother may suffer distress, which will require a c-section under the applicable standards of care. Doctors, nurses, and hospitals must be prepared to take whatever action is necessary and appropriate to protect the mother and child. 

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2010)--a national publication that honors the top lawyers in the country.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

A federally imposed indoor tanning tax of 10% went into effect on July 1, 2010.  The intended goal of the tax is to show consumers indoor tanning is not safe.  Indoor tanning leads to a 75% increase in the risk of melanoma, the most deadly form of skin cancer.

Over one million new cases of melanoma will be diagnosed this year in the United States.  Statistics show that the rate of diagnoses is increasing in women age 15-29,  with indoor tanning as the likely culprit.

"These national and state-wide efforts send a clear message to Americans, especially young people, that tanning is not safe and that a tan is not a sign of good health," said dermatologist William D. James, MD, FAAD, president of the American Academy of Dermatology Association (AADA). "Indoor tanning is an unhealthy activity and UV radiation exposure increases one's risk of skin cancer."

The new federal indoor tanning tax will affect the almost 30 million people who indoor tan each year. Over two million teenagers use indoor tanning, although more states are beginning to place age restrictions on tanning booth usage.

Posted by: Salvatore J. Zambri, founding member and senior attorney     

It is commonly acknowledged that hospitals should do all they can to protect patients from drug-resistant bacteria.  But far too many hospitals are not, leading to serious injuries, and even death of patients.

The Las Vegas Sun (8/8) editorialized that recently published articles detailing patients' experiences with "lethal drug-resistant bacteria during" their hospital stays "should serve as a wake-up call to those medical facilities that more needs to be done to improve patient safety." Between 2008 and 2009, the "rate of patients who contracted the contagious bacteria known in shorthand as MRSA rose by 34 percent in area hospitals," even though some hospitals have "said they adhere to national standards intended to prevent the spread of bacteria among patients." But, "this is troubling, because it tells us either that the national standards are deficient or that hospitals have not been as careful as they say they have been."

Hospital-induced MRSA infections are all-too-common and can be prevented by creating a sanitary environment by washing hands, wearing clean clothing, and by taking other steps to protect patients. 

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2010)--a national publication that honors the top lawyers in the country.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Posted by: Salvatore J. Zambri, founding member and senior attorney     

Bloomberg News (8/9, Feeley, Kelley) reports, "AstraZeneca Plc will pay about $198 million to settle 17,500 lawsuits, or about two-thirds of the total, alleging its antipsychotic drug Seroquel causes diabetes in some users." As I mentioned in an earlier blog, AstraZeneca "previously agreed to pay at least $55 million to resolve more than 5,500 cases alleging the company knew Seroquel could cause diabetes and failed to adequately warn patients, people familiar with those settlements said. These earlier agreements are part of the 17,500 settlements, the company said." The Financial Times (8/9, Jacobs) reports that the settlement stems from court-ordered mediation, a process where the parties meet together, discuss the issues, and work to come to a fair resolution. The Wall Street Journal (8/9, Zekaria) reported that analysts called the settlement figure relatively small, given the alleged defect of the product at issue. The AP (8/9) also covered the story.

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2010)--a national publication that honors the top lawyers in the country.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Posted by: Salvatore J. Zambri, founding member and senior attorney     

I recently published a couple blogs about the closing of Georgetown University Hospital's Lab and the rise in laboratory errors nationwide, which has caused patients tremendous physical and emotional anguish nationwide.  I thought you might like to know about an article I read in Good Housekeeping that included some good advice about how to protect yourself from lab errors.  Here are some suggestions taken from the article:

• "Ask your doctor about the lab she uses. It should be accredited and approved by the College of American Pathologists (a sign that it meets high standards).
• If you can see the test tube or slide, double-check that your name is on it; if you're in the hospital, make sure your wristband is accurate.
• If the result of the test is a surprise, ask your doctor: "Did you expect this? Do you think this is what I have?" If the answers are no, consider repeating the test.
• Get a copy of all lab results and reports, suggests Susan Sheridan, president of Consumers Advancing Patient Safety. "Patients may not realize they have the right to these," she says.
• Have a specialist read your slides. With a skin sample, for instance, you'll improve odds of the right diagnosis if it's viewed by a dermatopathologist, says Mark Lebwohl, M.D., chairman of dermatology at the Mount Sinai School of Medicine in New York City. Your insurer may not cover a specialist, so you'll have to decide whether to pay for it yourself."

Obviously, you have every right to rely on your doctor and the labs used for testing.  They should know what they are doing and take all steps necessary to ensure that your lab results are timely, accurate, and properly communicated to your physician and, if necessary, to you as well.

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri was recently (2011 edition) acknowledged as one of the "Best Lawyers in America" by Best Lawyers, and has also been repeatedly named a "Super Lawyer" by Law and Politics magazine (2010)--a national publication that honors the top lawyers in the country.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Posted by: Salvatore J. Zambri, founding member and senior attorney     

ABC World News (8/3, story 8, 1:50, Sawyer) reported, "Dietary supplements are a $27 billion a year business in this country, but Consumer Reports has an alert" on "supplements the magazine says can be dangerous to your health." Consumer Reports' Nancy Metcalf said, "With the dozen supplements that we've identified, we think it's all risk and no benefit."

The Los Angeles Times (8/4, Stein) notes that the list of those that are unsafe include "aconite, bitter orange, chaparral, colloidal silver, coltsfoot, comfrey, country mallow, germanium, greater celandine, kava, lobelia, and yohimbe." The report also "argues that the FDA has not fully used its limited authority granted by the Dietary Supplement Health and Education Act to ban supplement ingredients that may be dangerous."

The Washington Post (8/4) adds that supplement manufacturers "routinely, and legally, sell their products without first having to demonstrate that they are safe and effective."

Before taking any dietary supplement, or any medication for that matter, please consult with your doctor.  Be safe.

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims.  Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition), and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Posted by: Salvatore J. Zambri, founding member     

The AP (8/4, Perrone) reports that "makers of X-ray machines, drug pumps and other medical devices would have to submit more safety information to win federal approval under a proposal designed to tighten regulation of thousands of products reviewed each year." The FDA "released recommendations Monday night designed to improve oversight of the US device industry, including the government's ability to recall products that prove unsafe or ineffective." At "the center of the overhaul" is the so-called 510(k) system the FDA "uses to grant speedy approval to devices that are deemed similar to products already on the market." FDA critics "say that high-risk devices, such as heart pacemakers, are increasingly slipping through the 510(k) process without thorough testing and scrutiny."

The Minneapolis Star Tribune (8/4, Moore) reports among the recommendations released is the creation of "a new class of devices that would require clinical evidence before gaining 510K approval." The designation "would streamline the process for a 'small subset' of devices by telling applicants up-front what will be required to gain marketing clearance, thus avoiding delays." As it stands, "only 8 to 10 percent of the devices approved under the 510(k) moniker require clinical studies," said Jeffrey Shuren, director of the FDA's device center.

Increased oversight is needed, so that patients' health and lives are not put at risk.  Safety must be put above profits.

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims. Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition), and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.

Posted by: Salvatore J. Zambri, founding partner     

The Hill 's (8/4, Lillis) "Healthwatch" blog reports, "citing a recent spike in pharmaceutical recalls, Sen. Michael Bennet on Tuesday introduced legislation to bolster consumer protections governing the nation's drug supply." The "Colorado Democrat says his proposal," which would "greatly expand the FDA enforcement powers while holding drug companies more accountable for the products they sell," is "vital in a globalized age when more and more drug ingredients originate overseas."

I applaud this introduction of this important legislation.  The lack of oversight has allowed drug and other product manufacturers to push products into the market for profit without proper safety considerations.  Let's hope Congress will do the right thing and make this bill law.

Do you have any questions about this post?

About the author:

Mr. Zambri is a Board-Certified Civil Trial Attorney and Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. He has been acknowledged by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all of the more than 80,000 lawyers in the Washington metropolitan area. The magazine also acknowledged him as "one of Washington's best--most honest and effective lawyers" who specializes in medical malpractice matters, product liability claims, and serious automobile accident claims.  Mr. Zambri has also been acknowledged as one of "The Best Lawyers in America" by Best Lawyers (2011 edition), and has been repeatedly named a "Super Lawyer" by Super Lawyer magazine (March/April 2010)-- national publications that honor the top lawyers in America.

Mr. Zambri is regularly asked to present seminars to lawyers and doctors, as well as both medical and law students concerning medication errors, medical malpractice litigation, and safety improvements.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.