DC Metro Area Medical Malpractice Law Blog

Posted by: Salvatore J. Zambri, founding partner     

The New York Times, in a front-page report, announced, "To help ensure that medical radiation is safe, Medicare insists that certain highly technical cancer treatments be administered only when a patient's radiation oncologist is present or nearby." Federal officials say physicians who fail to adequately supervise technicians during radiotherapy risk patient safety. But, the issue also "raises questions about financial incentives and the overuse of high-tech, and highly reimbursed, treatments" when "less advanced and cheaper ones would have served just as well."

As a result, "Congress passed an antikickback law designed to stop doctors from" unnecessarily ordering "tests or procedures in which they have a financial interest," according to the report.  In addition, "radiation safety will be the subject of a Congressional hearing Friday." For its part, "the American College of Radiology has said that self-referral endangers patients because doctors tend to order more tests."

Before undergoing any diagnostic test or invasive procedure, your doctor should describe all benefits and  risks of the procedure and he or she should explain all alternative options as well.

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 Posted by: Salvatore J. Zambri, founding partner     

In a blog at the California Progress Report (1/6), J.G. Preston wrote, "One of the arguments the 'tort reform' crowd uses to justify putting a cap on the amount of money a jury can award to a victim of medical negligence is their assertion that increases in the cost of malpractice insurance are driving doctors out of the business." But "there are more doctors per capita in states that don't limit the amount that can be awarded to victims of negligence than there are in states that have implemented caps. The American Association for Justice broke down the numbers and found there are 21% more doctors per capita in states that don't restrict compensation that there are in states with caps." 

And there are more doctors than ever in America.   Take a look at the most recent data published by the American Medical Association, which confirms this fact.  The publication considers data through 2008.  There were 309 doctors for every 100,000 people that year.   Compared to the 1960s, that's twice as many.  So, not only are there more doctors per capita in states without damages caps, there are also more doctors everywhere in this nation.

The lesson:  Don't let the corporate greed of certain special interest groups convince you that you need to abandon your constitutional rights to pad their pockets.  Victims of the carelessness of others need their rights. 

Be safe, and don't be fooled by well-worn rhetoric.

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 Posted by: Salvatore J. Zambri, founding partner     

The CBS Evening News reported, "The problem of too much radiation during CT scans may be more widespread than anyone thought." CBS further confirmed that "new research...found a wide variation in radiation dose for the most common CT scan like abdomen, pelvis, and chest. A survey of four hospitals found some patients received 13 times more radiation than others for the same type of scan."   Over-radiation can be very dangerous.

NBC Nightly News, referring to a study, stated that "researchers calculated that 72 million CT scans are performed in this country a year and concluded that could lead to 29,000 excess cancers and 15,000 excess deaths a year in the future."  The study NBC cited was published in the Archives of Internal Medicine. 

A second study, in the same journal, of over 1,000 patients at four hospitals, showed that 1 out of 270 women and 1 out of 600 men suffer from cancer as a result of undergoing a single heart scan at age 40, the Wall Street Journal reports. According to the report, researchers who performed the study noted that the differences in radiation doses may be a result of the difference in technology from one medical provider to another as well as a lack of standardized settings.

Bloomberg News reports that in the National Cancer Institute study, "the authors predicted that lung cancer will be the most common radiation-related cancer followed by colon cancer and leukemia." In response to these study, the FDA has "issued interim regulations Dec. 7 requiring closer monitoring of CT scans after more than 250 cases of exposure to excess radiation were reported since October."

Before undergoing a CT scan, you should get sound medical advice from an experienced physician who is familiar with the risks and benefits of the procedure.  If undergoing a scan, be sure the facility has technologically advanced equipment, so your exposure to radiation is minimized to the extent possible.  Your doctors should be advising you of all risks associated with the procedure, as well as all options available to you, so you can make the best health decision you can.  Your doctors should also be using equipment that is safe and in excellent working condition.

I wish you good health and happiness.

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 Posted by: Salvatore J. Zambri, founding partner     

Bloomberg.com reports that GlaxoSmithKline "has settled 450 suicide cases for about $390 million and 600 birth defect cases for unspecified amounts." According to the report, "The company has also paid out about $400 million in antitrust cases since 2003."

Many people who have taken Paxil have been subjected to an increased risk for suicide and birth defects.  The extent of the increased risk has never been disclosed. 

I represent victims of dangerous products.  Far too often companies put profits over people, placing into the marketplace drugs that have not been properly tested.  We hope that companies will put people over profits and be sure their products are safe before they are sold.

Before taking any medication, be sure to consult with a physician.  Your physician should also inform you of all risks and benefits of a medication before you ingest it, so that you can make the best health decisions you can.

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Posted In Cancer Misdiagnosis , Cerebral Palsy , Medical Malpractice , Medications , Men's Health Issues , Nursing Home Negligence , Obstetrics , Patient Safety , Pediatrics , Product Liability , Public Health , Tort Reform , U.S. Food and Drug Administration Warnings , Women's Health Issues
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 Posted by: Salvatore J. Zambri, founding partner     

Posted In Cancer Misdiagnosis , Medical Malpractice , Medications , Men's Health Issues , Nursing Home Negligence , Obstetrics , Patient Safety , Pediatrics , Product Liability , Public Health , Tort Reform , U.S. Food and Drug Administration Warnings , Women's Health Issues
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 Posted by: Salvatore J. Zambri, founding partner     

The AP (12/11, Tanner) reports that "in 2005, Illinois legislators...passed a measure requiring hospitals to report the deadliest kind" of medical errors, but "the law has yet to be implemented -- and it likely won't be for at least another year." Illinois "budget woes and foot-dragging by special interests are among reasons cited for the long delay." However, "there are finally glimmers of progress. That includes the recent launch of a related state website that tracks hospital infection rates and staff levels, and the imminent start of a search for a vendor to help put the law in place."

Ten years ago, a landmark report proved that medical mistakes kill up to 98,000 Americans yearly. Only a handful of states have decided to do something about it, Minnesota being the first in 2003.  In 2005, Illinois modeled a law after Minnesota's.  Four years later, the law has still not been implemented.  Why?  Foot-dragging by special interest groups.  Finally, though, some progress is being made, including " the recent launch of a related state Web site that tracks hospital infection rates and staff levels, and the imminent start of a search for a vendor to help put the law in place."

According to the AP report, "The law will require hospitals to publicly report so-called "never" mistakes. These are mostly preventable errors with potentially life-threatening consequences -- like the wrong-knee surgery Krzysztof Kordes says Chicago-area doctors performed on him last year or the forgotten sponge left inside a Plainfield woman during breast tumor surgery."

A few things the law requires:

• hospitals required to report major medical errors within 30 days to the state's public health department
• list of hospitals and mistakes will be posted online
• hospitals required to determine cause of errors and to develop corrective plan

These kinds of laws should be in every state in our country.  Medical providers should not bow to special interest groups.  Sharing more, not less, following an adverse event is the only way to truly minimize future medical errors. 

Encourage your legislators to work hard to implement strong laws that clearly work to open communication and spur better, safer health practices.

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 Posted by: Salvatore J. Zambri, founding partner     

As a consumer justice attorney, I have the privilege of representing and helping people through difficult times every day. Oftentimes, my clients are horrifically and permanently injured due to no fault of their own. Other times, I represent families of those who have died as a result of someone else's carelessness.

This may surprise you, but it is widely accepted that approximately 98,000 Americans die each year as a result of medical negligence, more than deaths caused by guns and automobile collisions.  The yearly death toll from medical errors equates to the number of deaths that would result from two 747 airplanes crashing to the ground every day.  This alarming statistic does not even include those who have not died, but have nevertheless suffered serious permanent injuries due to a lack of appropriate medical care.

I have published a paper that addresses some fundamental, but extraordinarily important, steps necessary to properly and thoroughly evaluate a potential medical malpractice claim. By no means does the article include all investigative efforts required to analyze a case, as every claim is different and deserves special attention. 

To read my article, entitled "Evaluating a Medical Malpractice Case", please click here.

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 Posted by: Salvatore J. Zambri, founding partner     

The American Association for Justice has published a primer on the medical malpractice debate.  It comprehensively shows how special interest groups have perpetuated myths in an effort to strip Americans of their rights in order to pad their profits.  Here are some of the findings:

• Myth #1: There are too many “frivolous” malpractice lawsuits
  

• Myth #2: Malpractice claims drive up health care costs.

• Myth #3: Doctors are fleeing.

• Myth #4: Malpractice claims drive up doctors’ premiums.

• Myth #5: Tort reform will lower insurance rates.

It is widely accepted that approximately 98,000 Americans die every year as a result of medical errors.  That's like two 747 airplanes full of passengers crashing to the ground every day for a year.  Yet, some legislators want to strip innocent victims of their constitutional rights, including limiting their recoveries, instead of focusing on preventing future errors. 

Our leaders should be fighting for safer drugs, safer hospitals, better medical practices, and a safer American health system.  We must put people over profits.

To read the publication, please click here.

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 Posted by: Salvatore J. Zambri, founding partner     

 

The Associated Press has reported today that the Food and Drug Administration (FDA) "still hasn't restructured its staff to better monitor drug safety, more than three years after experts recommended key changes in the wake of the Vioxx scandal."  According to the report, the Government Accountability Office (GAO) will release a report today indicating that FDA officials "have made some changes to drug oversight," although the agency "continues to give the bulk of its decision-making power to scientists who approve new drugs, rather than those who monitor the side effects of drugs on the market."  Consequently, the GAO "calls on the FDA to set a timetable for transferring new responsibilities to the surveillance office."

In response, the FDA "said major decisions about drug safety are delegated to the new drugs division because that is 'where staff with the broadest expertise and experience' on product safety issues reside," according to the AP report.

We urge the FDA to ramp up its surveillance of drugs, and we implore pharmaceutical companies to be sure their products are safe before placing them into the marketplace.  Drugs are obviously important, but manufacturers need to put people over profits.  No drug should enter the marketplace until it has been thoroughly tested and until its side-effects are fully understood.

Before taking any medication, please confer with your doctor.  Know all risks and benefits of a drug before taking it.

We wish you good health.

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Posted by: Salvatore J. Zambri, Esquire

A recent federal task force's study that discourages routine mammograms for most women below the age of 50 has sparked a major political debate.  As a Washington Post article puts it, "The findings underscore a decades-long debate in the medical community about the benefits and risks of routine breast cancer screening for younger women."

In response to the study, Rep. Frank Pallone Jr. (D-N.J.) "announced that his House health subcommittee will hold hearings on the mammogram issue next month," according to the Post report.  And legislators from both political parties are suggesting that "the task force had been swayed by insurance companies that stand to save money if fewer screenings are performed."

Certainly, insurance companies' greed should not dictate what treatments are best for patients.  Those decisions should be left to medical experts who know what they are talking about, who are responsible for making sound decisions and informing their patients of all attendant risks and benefits.  As it stands, the  American Cancer Society has reiterated that it will continue to recommend regular mammograms for women age 40 and above. 

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Posted by: Salvatore J. Zambri, Esquire

As reported in the Washington Post, a federal task force has concluded, "Women in their 40s should stop routinely getting annual mammograms, and older women should cut back to one scheduled exam every other year." 

The report notes that higher than "182,000 women are diagnosed with breast cancer each year in the United States, and the disease kills more than 40,000, making it the second most common cancer after skin cancer and the second leading cause of death from cancer among women after lung cancer."  Consequently, challenging the usefulness of a long-used screening procedure--mammogram--has spurred heated debate among, physicians and academics.

The task force cites evidence that harms attendant to annual exams beginning at age 40 outweigh the potential benefits.  As the Post report states, mammograms "produce false-positive results in about 10 percent of cases, causing anxiety and often prompting women to undergo unnecessary follow-up tests, sometimes-disfiguring biopsies, and unneeded treatment, including surgery, radiation and chemotherapy."  Having said that, the American Cancer Society, the American College of Radiology, and others assert that the benefits greatly outweigh the potential dangers. 

According to the report, the American Cancer Society has not indicated a desire to change its guidelines, but the National Cancer Institute said it would re-evaluate its recommendations.

We urge our readers to speak with their doctors and make individual decisions about what is best for your health.  It may be appropriate if not necessary for some women to have annual mammograms in light of their family history, for instance.  Others may be doing more harm than good by exposing themselves to annual mammograms.  Doctors should know what is best for each individual and should advise their patients accordingly so that women can make the best decisions that they can, and so their long-term health can be promoted.

To read the full Post article, please click here.

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Posted by: Salvatore J. Zambri, Esquire

According to a recent Danish study, women who undergo hormone replacement therapy after menopause are at a meaningfully higher risk of developing ovarian cancer.  A Reuters report states that the study, published in the Journal of the American Medical Association, comments that women who took hormone replacements were 38 percent more likely to develop ovarian cancer than those who did not.  This follows a study that was conducted ion 2002 by the Women’s Health Initiative, which produced similar findings.

We encourage our readers to be very careful when taking any medication.  No women should undergo hormone replacement therapy or other kind of therapy without first seeking the advice of medical experts.  Doctors should warn patients of potential side-effects and should not prescribe drugs unless it is proper to do so in light of all risks and benefits.

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Posted by: Salvatore J. Zambri, Esquire

Doctors fail to report clinically significant findings to their patients in more than seven percent (7%) of the cases, according to the Associated Press, relying on a new study published Monday in the Archives of Internal Medicine.  Physicians' use of electronic medical records tended to lower instances of failures to inform.  The frequency of errors is higher in practices that used a combination of electronic and paper records, as opposed to practices that relied on only paper or only electronic records, reports Nicholas Bakalar of the New York Times.    

We encourage doctors to utilize the electronic technology now available to better communicate with patients and other physicians regarding a patient's symptoms and conditions.  Reckless record-keeping leads to needless deaths and injuries.  There is a crisis in this country--too many Americans die each year as a result of hospital and doctor errors.  Nearly 100,000 people die every year as a result of hospital mistakes alone.  Safety needs to be a priority as we move forward.

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Posted by: Salvatore J. Zambri, Esquire

Shannon Pettypiece reports for Bloomberg that Matrixx Initiatives Inc. announced that it failed to turn over to U.S. regulators about 800 consumer complaints concerning serious side-effects linked to its Zicam nasal spray and swabs, which have been withdrawn.

According to the report, "Matrixx, based in Scottsdale, Arizona, stopped selling the cold remedies on June 16 after the Food and Drug Administration warned consumers the treatments may cause a loss of smell. Matrixx today defended its products and called the FDA warning 'a surprise,' during a conference call with analysts."

The 800 complaints were unearthed only after the FDA performed a routine inspection found 800 reports of consumer concerns this past May.  William Hemelt, acting president and chief operating officer of Matrixx, said that he was informed that  his compnay did not need to report the complaints despite a 2007 regulation requiring companies to turn over reports of serious side effects, arguing that the regulation didn't apply. 

“We have complaints but we weren’t required to send them,” Hemelt said. “At least we didn’t believe we were required to send them and we based that on an opinion of counsel who looked at the FDA regulation and said no, it doesn’t fit.”

The FDA reported that doctors and consumers have linked a permanent loss of smell to the us of the medications.

When companies withhold critically important information it smacks of putting profits over people.  Safety and public health should always be the paramount concern of drug companies. 

Our firm has experience pursing cases for patients that involve tragic medication errors,  pharmacy mix ups and unsafe medications.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please contact Mr. Zambri at 202-822-1899 or email him at szambri@reganfirm.com.

Posted In Cancer Misdiagnosis , Medical Malpractice , Medications , Men's Health Issues , Obstetrics , Patient Safety , Pediatrics , Product Liability , U.S. Food and Drug Administration Warnings , Women's Health Issues
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Posted by: Salvatore J. Zambri, Esquire 

According to a Reuters article, reported by James Pethkoukis, experts have determined that the FDA's approval process needs to be improved to better protect patients from dangerous risks.

At a congressional hearing, Representative Frank Pallone, who chairs a House Energy and Commerce subcommittee, stated, "There is evidence of an approval system that is broken -- that its standards, its procedures and its rules don't meet modern needs of getting medical devices to those in need with confidence in their safety." The article further comments that "Marcia Crosse, healthcare director for the nonpartisan Government Accountability Office, said various shortcomings 'raise concerns' about the FDA's pre-approval reviews and post-approval monitoring 'that are necessary for ensuring the safety and effectiveness of medical devices.'"

Although Americans benefit greatly from new products, the FDA must do more to protect those who will be using the products in the end--the patients. Without serious oversight, great harm can result.

Our firm has experience pursing cases for patients that involve tragic medication errors, pharmacy mix ups and unsafe medications.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability  authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact Mr. Zambri at 202-822-1899.

Posted In Cancer Misdiagnosis , Medical Malpractice , Medications , Men's Health Issues , Patient Safety , Pediatrics , Product Liability , U.S. Food and Drug Administration Warnings
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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

The AP recently reported that  "The Food and Drug Administration warned consumers Monday not to use skin products made by Clarcon." This warning followed a recent inspection which revealed high levels of disease-causing bacteria in the products.  According to the report, the FDA has said that the findings are "particularly concerning because the products are promoted as antimicrobial agents that claim to treat open wounds and damaged skin and protect against various infectious diseases."  Yet, according to the report, some of the bacteria found in the products "can cause opportunistic infections of the skin and underlying tissues and could result in medical or surgical attention as well as permanent damage," the report comments.

Our firm has experience pursing cases for patients that involve tragic medication errors,  pharmacy mix ups and unsafe medications.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

 

Posted In Cancer Misdiagnosis , Medical Malpractice , Medications , Men's Health Issues , Obstetrics , Patient Safety , Pediatrics , Product Liability , Public Health , U.S. Food and Drug Administration Warnings , Women's Health Issues
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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Bloomberg News reports that "Merck & Co. and Schering-Plough Corp. were sued by a Pennsylvania fund for active and retired state employees over claims they misled consumers into paying too much for prescriptions of Zetia [ezetimibe] and Vytorin cholesterol pills."  The Pennsylvania Employees Benefit Trust Fund alleges in a complaint that "the companies have known for years -- and failed to make public -- that Zetia doesn't reduce fatty arterial plaques that can cause heart attacks and strokes."  The reports commenst that two studies last year showed that "the pills may work no better at unclogging arteries than does an older, cheaper medicine called simvastatin." Nevertheless, the companies allegedly withheld the the finding and "used false and deceptive marketing techniques claiming Vytorin was more efficacious than and just as safe as the much cheaper generic," according to the report.

Our firm has experience pursing cases for patients that involve tragic medication errors,  pharmacy mix ups and unsafe medications.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

Posted In Cancer Misdiagnosis , Medical Malpractice , Medications , Obstetrics , Patient Safety , Pediatrics , Product Liability , Public Health , Tort Reform , U.S. Food and Drug Administration Warnings , Women's Health Issues
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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

An U.S. Department of Health and Human Services (HHS) report confirms that, two days ago, the U.S. Food and Drug Administration (FDA) "warned health care professionals about the risk of serious liver injury associated with the use of the anti-thyroid drug propylthiouracil for the treatment of Graves' disease."  Citing the FDA, HHS reports that: "After analyzing adverse event reports, the FDA has identified an increased risk of liver injury with propylthiouracil when compared to an alternative treatment for Graves' disease, methimazole," said Amy Egan, M.D., deputy director for safety, Division of Metabolism and Endocrinology Products, in the FDA’s Center for Drug Evaluation and Research. "Health care professionals should carefully consider which drug to initiate in a patient recently diagnosed with Graves' disease. If propylthiouracil therapy is chosen, the patient should be closely monitored for symptoms and signs of liver injury, especially during the first six months after initiating therapy."

Graves' disease is an autoimmune disorder which causes the thyroid gland to be overactive. The thyroid gland releases hormones that regulate the rate of the body’s metabolism.  These hormones "are critical for body temperature control, energy, weight, mood, and blood calcium levels."

Medications can have serious side-effects, especially if warnings and precautions are not taken seriously. Doctors should fully inform patients of all risks associated with prescribed medications and patients should never hesitate to ask their doctors for more information if they are confused about the risks of certian medications.

Our firm has experience pursing cases for patients that involve tragic medication errors,  pharmacy mix ups and unsafe medications.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

Posted In Cancer Misdiagnosis , Medical Malpractice , Medications , Men's Health Issues , Obstetrics , Patient Safety , Pediatrics , Product Liability , Public Health , U.S. Food and Drug Administration Warnings , Women's Health Issues
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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

According to a recent Bloomberg report, researches have determined that certain antidepressants may increase the recurrence  of breast cancer among women who have already survived the disease.  The study reports that drugs including Prozac, Paxil and Zoloft "significantly decrease the effectiveness of a drug [tamoxifen] used to reduce the chances of breast cancer recurrence", states the article. 

Notably, the study revealed that tumors were more than twice as likely to return after two years in women taking the antidepressants cited above while on the anti-cancer drug tamoxifen, as compared with those taking tamoxifen alone. The research was conducted by Medco Health Solutions Inc., and was presented at a meeting of researchers at the American Society of Clinical Oncology in Orlando.

To read the entire article, please click here.

Our firm has experience pursing cases for patients that involve tragic medication errors,  pharmacy mix ups and unsafe medications.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

Posted In Cancer Misdiagnosis , Medical Malpractice , Men's Health Issues , Patient Safety , Product Liability , Public Health , Women's Health Issues
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By Victor E. Long, Esq.

It is estimated that about 15% of colorectal cancers run in families. For that reason, it's important to know the health history of your immediate family and to tell your children.  People with familial adenomatous polyposis (FAP) develop hundreds of polyps in the colon and rectum. Without treatment, FAP usually leads to colorectal cancer by age 40. Less than 1% of all colorectal cancers are due to this rare form of inherited cancer, which is caused by a change in the APC gene.

Surprising data indicates that despite knowing they are at heightened risk for colorectal cancer, some people with or at risk for FAP fail to follow recommendations for endoscopic screening.  Information regarding colonoscopy, woman's screening protocols and  the availability of an alternative, known as virtual colonoscopy, has been provided in this blog.

The major reason respondents gave for not following up with endoscopic screening was that their healthcare provider had not recommended it.

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As reported by the Annals of Family Medicine, cancer screening frequently yields false positives — with resulting invasive procedures.

Researchers studied nearly 68,500 adults, aged 55 to 74, who underwent up to 14 screenings over 3 years in the Prostate, Lung, Colorectal, and Ovarian Cancer Screening Trial. Tests included digital rectal examination plus prostate-specific antigen measurement; chest x-ray; flexible sigmoidoscopy; and cancer antigen 125 testing plus transvaginal ultrasound.
Among the findings:

• The risk for having one false positive after four tests was 37% among men and 26% among women; after 14 tests, risks rose to 60% and 49%, respectively.
• The risk for undergoing a false-positive–prompted invasive procedure after four tests was 17% among men and 12% among women; after 14 tests, risks were 28% and 22%, respectively.
• Sigmoidoscopy accounted for the most false positives and related procedures.

The researchers conclude that providers "should educate patients about the likelihood of false positives and resulting diagnostic interventions when counseling about cancer screening."

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Posted by Jacqueline Colclough, Esquire

As the official beginning of summer approaches with Memorial Day Weekend, The Cancer Institute of New Jersey and other health organizations are undertaking efforts to education the public about skin cancer risks and prevention.

According to the American Cancer Society, over one million people across the United States are currently affected by skin cancer. This year alone, more than 68,700 new cases of melanoma, the most serious of skin cancers, are expected nationally. Precautions such as avoiding sun exposure during midday hours (10 a.m. to 4 p.m.), using sunscreen with a sun protection factor (SPF) of 15 or higher, and avoiding tanning beds and sun lamps are all important measures in the prevention of skin cancer.

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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Dow Jones Newswires  reports that the Food and Drug Administration (FDA) has urged Sanofi-Aventis SA, a drug manufacturer, "to stop distributing certain promotional material for its breast cancer drug, Taxotere [docetaxel], saying the material misleadingly claims the medicine is more effective than proven."  According to the report, the FDA has indicated that "binders with reprinted medical studies claim Sanofi's Taxotere is better than other medicines to treat patients with breast cancer after prior chemotherapy treatments failed," yet the "FDA is unaware of substantial evidence to support these claims."

We encourage our readers to be very careful when reading or listening to promotional materials disseminated by drug companies.  All too often these materials are misleading and are driven by the drug companies' desire to maximize its profits.   We believe that people should be above profits and that promotional materials must be accurate and properly informative.  If profits are put above people, public health will be compromised.

Our firm has experience pursing cases for patients that involve tragic medication errors,  pharmacy mix ups and unsafe medications.  If you think you have been injured by a defective product, we encourage you to read a portion of a book regarding products liability authored by senior partner Salvatore Zambri.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

 

Posted In Cancer Misdiagnosis , Medical Malpractice , Men's Health Issues , Patient Safety , Product Liability , Public Health , Women's Health Issues
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By Victor E. Long, Esq.

According to Washington Post  the American Cancer Society, finds Virtual Colonoscopy  to be effective at finding large polyps.  Virtual colonoscopy is a procedure used to look for signs of pre-cancerous growths, called polyps; cancer; and other diseases of the large intestine. Images of the large intestine are taken using computerized tomography (CT) or, less often, magnetic resonance imaging (MRI). A computer puts the images together to create an animated, three-dimensional view of the inside of the large intestine.

Invented 16 years ago by a radiologist who got the idea while playing video games on a flight simulator during advanced training at Johns Hopkins, virtual colonoscopy has become an increasingly popular.  However, Medicare has tentatively decided not to pay for virtual colonoscopies.

Continue Reading Posted In Cancer Misdiagnosis , Patient Safety , Public Health
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Posted by Jacqueline Colclough

On April 27, 2009, the American Urological Association (AUA) issued new guidelines on prostate cancer screening for men. Contrary to recent advice of other groups, AHA recommends that well informed men aged 40 and over who have a life expectancy of at least 10 years should be offered the prostate-specific antigen (PSA) test in order to establish a baseline reading and that PSA testing should be individualized rather than a blanket annual test for any man aged 50 and over. These guidelines have been issued amid growing recent controversy regarding when men should start regular PSA screening, how often, and at what point a biopsy is indicated.

Continue Reading Posted In Cancer Misdiagnosis , Men's Health Issues , Public Health
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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire

Each year in America there are approximately 16,000 new diagnoses of esphogeal cancer, reports an article in Medical New Today.  Unfortunately, according to the report, only 10% of those diagnosed survive the disease.  The principal reason for this alarming statistic is the lack of early detection.

It is widely recognized that smokers are predisposed to esophageal cancer.  However, as the article points out, there are several other contributing factors, including:

• Excessive alcohol consumption;
• Obesity;
• Lye ingestion; and,
• Gastroesophageal reflux disease (GERD), also known as acid reflux or heartburn.

To read the entire article, please click here.

We encourage our readers to speak with their doctors about their health risks.  Physicians should know to check for illnesses when their patients manifest certain health risks. 

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

Posted In Cancer Misdiagnosis , Medical Malpractice , Men's Health Issues , Public Health , Women's Health Issues
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Posted by: Salvatore J. Zambri, Esquire and Catherine Bertram, Esquire 

For decades women have been advised to undergo mammograms to screen for breast cancer.  Routine exams, especially after age 50,  are highly recommended.  It was recently reported in a New York Times article, however, that British medical experts came to the conclusion that mammographies may do more harm than good.  The so-called experts suggest that for every life saved by the procedure at least one other person is forced to endure unnecessary and invasive procedures to treat slow-growing cancers that would otherwise cause no harm if left untreated.

Many experts, including the American Cancer Society, dispute the British claim, and urge women with usual risks (ie, family history of cancer, over age 50) to utilize mammograms as part of their routine screening for breast cancer.  On balance, the benefits of earl detection outweigh the risks associated with under-treatment.

To view the Times article, click here.

For information about your legal rights, please click here or contact us at Regan Zambri & Long, PLLC at 202-463-3030.

 

 

 

 

Posted In Cancer Misdiagnosis
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The reliability of mammography results varies significantly between medical facilities, according to new research published in a recent edition of the Journal of the National Cancer Institute (JNCI).  Even more importantly, certain organizational characteristics tend to predict which facilities will return a more accurate reading.

Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice , Patient Safety , Public Health , Women's Health Issues
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Melanoma is one of the deadliest skin cancers, but new research demonstrates that melanomas located on the scalp or neck are even twice as deadly as those found on other parts of the body.  The finding is the result of a study published in a recent edition of the medical journal Archives of Dermatology. 

Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice , Men's Health Issues , Patient Safety , Public Health , Women's Health Issues
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Colorectal cancer affects both men and women, and accounts for more deaths annually than all other cancers except lung cancer.  According to the U.S. Centers for Disease Control and Prevention (CDC), colorectal cancer is most often diagnosed in people who are 50 years of age or older, and the risk of being diagnosed increases with age.  Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice , Men's Health Issues , Public Health , Women's Health Issues
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The CBS Evening News  with Katie Couric will have a report this Thursday about how military medical malpractice killed Sgt. Carmelo Rodriquez, a Marine who served in Iraq.  CBS News Bryon Pitts investigates in a heart wrenching extensive story, how military doctors misdiagnosed melanoma to be a harmless wart.  Pitts met the Marine, child and family by his side, 8 minutes before his death caused by Stage 4 melanoma.

His family insisted to be interviewed instead because they say Sgt. Rodriguez "...said don't let this be it.  Don't let this be it.  Fight!  That's what we are doing.  We're going to fight for him."  Laws prohibit the family to sue the military and his family had to pay for the funeral.

According to a veterans group that tracks soldiers who are misdiagnosed, there are hundreds of misdiagnosed cases across the country.

The full story will be broadcast Thursday on the CBS Evening News at 6:30 EDT.  It will reveal startling details about how family members of deceased servicemen and women have no legal recourse when malpractice among military medical doctors leads to irrevocable harm - and even death.
Posted In Cancer Misdiagnosis , Medical Malpractice
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The diagnosis and treatment of lung cancer patients may be improved by routine imaging with positron emission tomography (P.E.T.), according to a recent research review published in the Journal of the National Cancer Institute. Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice , Men's Health Issues , Patient Safety , Women's Health Issues
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According to a new study in the Journal of Clinical Oncology, between 1998 and 2003 in the U.S., there was a 150% increase in the number of women who opted to have both breasts surgically removed after being diagnosed with cancer of a single breast.  The surgical procedure -- Contralateral Prophylactic Mastectomy (CPM) may often be unnecessary, according to researchers, as most affected women never develop cancer in the second breast. Continue Reading Posted In Cancer Misdiagnosis , Patient Safety , Women's Health Issues
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As reported in Medical News Today, scientists have developed a new, more accurate risk assessment model for breast cancer in African American women. The Breast Cancer Risk Assessment Tool, or Gail model, has been used for many years to determine breast cancer risk in all racial groups, however, much of the model is based on breast cancer data only from white women. The new study, called the Women's Contraceptive and Reproductive Experiences (CARE) study, was conducted in order to gather data on African American women with and without breast cancer. The study was conducted by Mitchell H. Gail, M.D., Ph.D. from the National Cancer Institute in Bethesda, Maryland, and his colleagues and is published in the November 27, 2007 online issue of the Journal of the National Cancer Institute.

Continue Reading Posted In Cancer Misdiagnosis , Public Health , Women's Health Issues
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The screening of 12 or more lymph nodes following colon cancer surgery -- a quality assurance practice recommended by the National Quality Forum (NQF), the American College of Surgeons (ACS) and the American Society of Clinical Oncology (ASCO) -- does not appear to improve the odds of 5-year cancer survival.  The finding is the result of recent research published in the Journal of the American Medical Association (JAMA).  Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice , Men's Health Issues , Patient Safety , Public Health , Women's Health Issues
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The American College of Obstetricians and Gynecologists (ACOG) has revised its colorectal cancer screening recommendations to encourage colonoscopy as the preferred method of screening both average-risk and high-risk women for colorectal cancer.  ACOG's previous recommendation was that all women above 50 years of age be screened for colorectal cancer, but no preference was given regarding the specific type of screening instrument.  The latest recommendation includes colonoscopy, specifically, because it allows for visualization of the entire colon surface and for removal of precancerous polyps simultaneously.  Continue Reading Posted In Cancer Misdiagnosis , Public Health , Women's Health Issues
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A recent major epidemiological study led by McGill University researchers reveals that the human papillomavirus (HPV) screening test is far more accurate than the traditional Papanicolaou (Pap) test in detecting cervical cancer. The first round of the Canadian Cervical Cancer Screening Trial, led by Dr. Eduardo Franco, Director of the Division of Cancer Epidemiology at McGill's Faculty of Medicine, concluded that the HPV test's ability to accurately detect pre-cancerous lesions without generating false negatives was 94.6%, as opposed to 55.4% for the Pap test. The controlled randomized trial initially involved 10,154 women aged 30-69 years and spanned the years 2002 through 2005. It was the first of its kind conducted in North America for HPV testing as a stand-alone screening test for cervical cancer.

Continue Reading Posted In Cancer Misdiagnosis , Public Health , Women's Health Issues
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Inflammatory Breast Cancer (IBC) is deadly, and rarely detected in self breast exams or routine mammograms.  That's because it develops as a sheet, rather than in nodules or lumps that can more easily be felt or seen.  In many cases, IBC isn't diagnosed until it is too advanced to treat successfully; not only because it's difficult to detect, but also because it spreads much faster than typical breast cancers.  IBC is also relatively rare, accounting for between 1% and 5% of all cancers in the U.S.  According to experts at the Mayo Clinic, the following signs and symptoms are associated with IBC:

• "A breast that appears red, purple, pink or bruised
• A tender, firm and enlarged breast
• A warm feeling in the breast
• Itching of the breast
• Pain
• Ridged or dimpled skin texture, similar to an orange peel
• Thickened areas of skin
• Enlarged lymph nodes under the arm, above the collarbone or below the collarbone
• Flattening or retraction of the nipple
• Swollen or crusted skin on the nipple
• Change in color of the skin around the nipple (areola)"

Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice , Women's Health Issues
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Americans harbor a number of inaccurate and unsubstantiated beliefs regarding cancer -- particularly those Americans who are most at risk of developing the disease.  The finding is the result of a recent study by the American Cancer Society and published in the journal Cancer. 

The study centered on a telephone survey and the responses of random Americans with no prior diagnosis of cancer to 12 inaccurate or unlikely statements about cancer risks, some of which have recently been circulated as email hoaxes.  Two-thirds of the survey participants correctly identified 7 of the 12 statements as false, but more than 25% of those interviewed identified 5 of the 12 statements as true.  Continue Reading Posted In Cancer Misdiagnosis , Patient Safety , Public Health
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"Good Morning America" host Robin Roberts recently announced that she has breast cancer, and will begin treatment with surgery.  The news and talk show host detected the cancer in its early stages immediately following her televised report of anchor Joel Siegel's battle with cancer, and the importance of early detection.  Continue Reading Posted In Cancer Misdiagnosis , Women's Health Issues
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Breast cancer genes can be inherited from a father, according to a new study published in the Journal of the American Medical Association.  Half of genetic breast cancers are actually inherited in this manner, but unless the father has female relatives with cancer,  the gene may have been passed down silently, without causing cancer.  Though men may develop breast cancer, it is rare.  Continue Reading Posted In Cancer Misdiagnosis , Public Health , Women's Health Issues
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FREE  PROSTATE  TESTING & EXAMS :  Test Results within a Matter of Minutes

Call 202-741-3106 to schedule your free prostate testing and digital rectal exam offered by the GW Cancer Institute, GW Medical Faculty Associates, GW Hospital and the GW Medical Center.

Who:
• Men 45 and older
• African American Men 40 and older
• Not to be used for a second opinion

When:
• To schedule your free screening, please call 202-741-3106

Where:
• Ambulatory Care Center, 22nd and I Streets, NW, Washington, DC
  Second Floor
• Testing located one block from the Foggy Bottom Metro (Blue and Orange Line)
• Parking

What:
With the use of the Qualigen FastPack* blood-testing analyzer, men who participate in this GW program will get the results of their blood work and their exam as they leave the appointment. This is the first blood testing analyzer custom-designed to perform complex quantitative immunoassay tests. No need to take time off work, come during your lunch break to be tested—call 202-741-3106 to schedule an appointment today.

Posted In Cancer Misdiagnosis , Men's Health Issues
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In the January 19, 2007 issue of its journal CA: A Cancer Journal for Clinicians, the American Cancer Society has recommended that girls ages 11 and 12 receive Merck's human papillomavirus (HPV) vaccine, Gardasil, which reportedly has been shown to be 100% effective in preventing infection with HPV strains 16 and 18.  It is believed that these strains together cause approximately 70% of all cervical cancer cases. In June 2006, the U.S. Food and Drug Administration approved Gardasil for sale and marketing to girls and women ages nine to 26, and the U.S. Center for Disease Prevention and Control’s Advisory Committee on Immunization Practices later that month voted unanimously to recommend that girls ages 11 and 12 receive the vaccine.  

Continue Reading Posted In Cancer Misdiagnosis , Medications , Public Health , Women's Health Issues
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According to a recent study, men may benefit far more than women from early colonoscopy screening for cancer.  Current guidelines call for average-risk men and women to begin colorectal cancer screening at age 50.  But the new findings, published in the New England Journal of Medicine, suggest there is a big difference in risk between the sexes at the recommended age.  The researchers concluded that to maximize the cost effectiveness of screening, men may need to be screened earlier, or women later, than current guidelines suggest. 

If you have questions concerning this topic, please call Regan Zambri & Long, PLLC  at 202-463-3030. 

Posted In Cancer Misdiagnosis , Men's Health Issues , Patient Safety , Women's Health Issues
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While the Pap smear remains the best initial cervical cancer screening tool for younger women, a recent Danish study has found that for older women (women age 40 and older), a test for human papillomavirus (HPV) is a much more effective way to screen for this cancer.  According to the November 1, 2006 issue of Cancer Research, a publication of the American Association for Cancer Research (AACR), HPV infection is both frequent and transient in younger women, resulting in positive testing for HPV when no actual risk of cervical cancer exists.  In older women, however, HPV infection is rarer and more persistent, putting a woman at substantial risk for the disease before changes in cervical cells, detected by Pap smears, are obvious. 

"We have documented that a single HPV test can actually predict older women at risk for cervical cancer better than a single Pap smear can," said Susanne Krüger Kjaer, M.D., the study’s senior author and professor and head of the Department of Virus, Hormones and Cancer at the Danish Cancer Society.

Continue Reading Posted In Cancer Misdiagnosis , Public Health , Women's Health Issues
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A study in the Journal of the National Cancer Institute found that more than half of the American men who have their prostate cancer treated with surgery or radiation might have been just as well off using a “wait and see” program. As reported by Forbes, the researchers are now looking for a method to best determine which patients should be in which treatment group.

Continue Reading Posted In Cancer Misdiagnosis , Men's Health Issues
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Scientists at Duke University have developed a new test, called the Lung Metagene Predictor, which is able to predict with near certainty whether the most common type of lung cancer will return after surgery. The 90% accurate predictions allow physicians to better prescribe a treatment for the patient.

Lung cancer is either classified as “small-cell” or “non-small-cell.” The small-cell cancer is treated with chemotherapy and non-small-cell is usually treated with surgery. However, nearly one-third of those patients who undergo surgery see a reappearance of the cancer in their bodies. The Lung Metagene Predictor will allow physicians to determine which patients will see the reappearance and prescribe a more aggressive treatment for them.

Duke researcher David Harpole says, “If we can use the test to increase patient survival by even 5 percent, we would save 10,000 lives a year. In reality, we can do much better than that.”

Posted In Cancer Misdiagnosis , Patient Safety , Public Health
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Tracking Lab Test Results and timely follow-up by your physician in terms of reviewing and acting upon all concerning outpatient tests is of paramount importance in avoiding medical errors.

According to the American College of Obstetrics and Gynecology (ACOG), every physician's office should have the appropriate procedures in place to ensure that patient's results are obtained for each test ordered.

According to Dr. Karen L. Bruden, a member of ACOG's Committee on Quality Improvement and Patient Safety, OB/GYN offices should be able to answer the following questions about their lab and testing tracking systems to ensure patient safety:

"1. Is a log kept of all cytology samples submitted to different labs? By whom?
2. Is there a mechanism for tracking delayed reports or those that were never received?
3. As a secondary safety net, are all patients instructed to contact the office regarding Pap results within a specific time period?
4. Who is responsible for receiving the cytology reports?
5. Does the physician see and initial all reports before they are filed in the patient's chart?
6. Is the cytology report attached to the chart at the time it is triaged by the physician (rather than put in a stack of "loose" reports)?
7. Are all reports triaged by the physician, or only abnormal reports?
8. If the physician reviews only the abnormal reports, who determines what constitutes an abnormal report? Are there written guidelines for the office staff?
9. What are the level of education and qualifications of nonphysician office staff who participate in the triage process? RN? LPN? colposcopy nurse? medical assistant? clerk?
10. Does the office have a "no-show" policy and mechanism in place?
11. At the end of the workday does the physician personally review the medical record of all patients who "no-show?"
12. Who is responsible for the recall of patients with abnormal cytology? Is a log kept to ensure that the patient was seen and the abnormal results addressed?
13. Is there a policy for the recall of patients who are not accessible by telephone?
14. Does the laboratory have a policy for notifying the clinician about abnormal results?
15. Is there a system for the physician to discuss results directly with the pathologist if needed?"

For more information on this topic, please visit the ACOG  website for more information regarding patient safety issues. The reader may also read more about this in the January 2006 policy statement issued by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).
Posted In Cancer Misdiagnosis , Obstetrics , Patient Safety
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According to the National Cancer Institute, colorectal cancer is one of the most common forms of cancer.  However, if discovered early, colorectal cancer is one of the most curable types. 

Patients who are newly diagnosed with colorectal cancer experience a period of shock and disbelief.  Successful management of this or any other serious disease requires good communication between the patient and his or her physician.  Below are 10 important common-sense questions for newly-diagnosed patients to ask their doctor about colorectal cancer, excerpted from WebMd. 

"1)   How far has my cancer spread?
 2)   What are my chances for recovery?
 3)   What is your expereince in treating patients with this disease?
 4)   Am I likely to need a colostomy?  If so, might it be permanent?
 5)   What specialists will I see in my treatment and recovery? What will their roles be?
 6)   Which postoperative treatments do you recommend, if any?  Do I have any other options besides radiation or chemotherapy?
 7)   What side effects should I look for if I need those treatments?  Whom should I call about any bothersome side effects?
 8)   How often should I be screened for recurrent cancer?
 9)   Is there any way to help prevent the return of my cancer?
10) Can you recommend a good support group or resource where I can get more information?"

A good source for basic information about colorectal cancer is available through WebMD's cancer newsletter. Posted In Cancer Misdiagnosis
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The following listing of websites provides helpful resources for women's health information:

National Women's Health Resource Center

The Human Genome Group

Mammography Quality Standards Act (MQSA) Certified Mammography Facilities

American Medical Women's Association

OBGYN.net

JAMA Women's Health Information Center

Women's Health Initiative

Posted In Cancer Misdiagnosis , Women's Health Issues
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The American Cancer Society's (ACS) annual guidelines for the early detection of cancer have been updated and are published in the January/February issue of CA: Cancer Journal Clinic. These guidelines summarize recommendations for early cancer detection, emerging issues for cancer screening, and data on cancer screening rates for adults in the United States. No new updates were published in 2005.

The American Cancer Society provides testing guidelines for several specific cancers, including breast cancer, colon and rectal cancer, cervical cancer, endometrial (uterine) cancer and prostate cancer.

Continue Reading Posted In Cancer Misdiagnosis , Men's Health Issues , Women's Health Issues
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According to a December 2005 report by Reuters Health, a recent study suggests that, from 1990 to 2002, the increased use of chemotherapy with surgery coincides with improved survival for advanced colon cancer patients. In fact, the use of adjuvant chemotherapy for these cancer patients rose from 39 to 64 percent during this interval, while the number of patients surviving for five years increased by 16 percent. The study, conducted by J. Milburn Jessup, M.D. and others from the National Cancer Institute, involved data from nearly 86,000 patients in 560 hospital cancer registries. During the study period, "the difference in survival between surgery alone and surgery plus chemotherapy increased," Dr. Jessup told Reuters Health. Moreover, Dr. Jessup suggested that present-day survival rates may be even better, noting that the data used in the study predated the development and use of newer and perhaps more effective chemotherapy agents.
For the complete Reuters Health report, please click here.

Posted In Cancer Misdiagnosis , Men's Health Issues , Women's Health Issues
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"In a review of cytologic-histologic specimen pairs, errors in cancer diagnosis were seen in up to 11.8% of cases, according to a report in the November 15th issue of Cancer. Moreover, in a substantial proportion of cases, the error caused some degree of harm for the patient."

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One of the most frequent claims of medical malpractice that we handle involves failure to timely diagnose cancer. As with many cancers, early detection of colorectal cancer increases survivability. Since approximately 2000, the American Cancer Society has recommended that men and women at average risk begin routine screening at age 50. It is important to understand that these are very general guidelines for "average risk" patients and that individuals with risk factors require screening at an earlier age.

It is generally recognized that colonoscopy is the most effective diagnostic procedure for colorectal cancer screening. If you are experiencing any of the following symptoms, you should immmediately consult with your physician to determine if a colonoscopy is needed: blood in the stool; change in bowel habits; unexplained stomach discomfort; frequent gas, pains or indigestion.

Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice
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Breast cancer is second only to lung cancer as a cause of cancer deaths in women in the United States. It is predicted that, this year alone, more than 200,000 women and nearly 1,500 men will develop breast cancer. The American Cancer Society currently recommends that breast cancer screening practices include annual mammograms for women at average risk beginning at age 40. Mammograms are imperfect, however, depending upon such factors as the skill of the interpreting radiologist as well as the particular kind of breast cancer that may be involved. For this reason, additional screening practices may include breast self-examination or a clinical breast examination conducted by a nurse or physician.

Continue Reading Posted In Cancer Misdiagnosis , Medical Malpractice , Women's Health Issues
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