November 2011 Archives

November 28, 2011

Pediatric Cancer

We know the gravity of cancer. Even as adults, we are frightened when we or our loved ones are given the diagnosis. For many, the difficult fight against the disease now feels impossible as the worsening economy leaves us without health insurance; a growing number unable to seek medical attention when we suspect that something is wrong, powerless to get help at the crucial point when cancer is in its early stage.

But more devastating is when we discover that our children's symptoms we thought were from a lingering flu or cold, are signs of cancer. Most of us don't even consider that infants and children can develop the disease. Worse still is the startling reality that symptoms like breathing difficulties, inability to crawl or stand, swelling, weight loss, and bruising may even lead some physicians to suspect child abuse, dangerously delaying a proper diagnosis and hurtling parents into a nightmarish battle to prove their innocence - all the while being terrified for the wellbeing of their child.

Knowing if your child's symptoms are signs of cancer can prevent this situation and help you get appropriate treatment faster. In this series we will explore the different types of cancers found in children, and the signs and symptoms to watch for.


Laurie A. Amell is a nurse and a medical malpractice attorney who practices in Washington, D.C., Maryland, and Virginia. Stein, Mitchell, and Muse, LLP has a team of three nurses, an in-house physician, and expert attorneys specializing in medical malpractice who are available to consult with you regarding a potential case. Call us at 202-737-7777 for a free consultation.

November 24, 2011

Shortage of Drugs

During the past year, many drugs have been unavailable to physicians and patients. This situation has caused a health crisis and a national confidence alarm among patients. The drug shortages are a major problem and have also caused many patients to suffer anxiety, depression and mental anguish. As a result of the shortages of vital drugs consumers have been switched to less effective drugs or been forced to pay significantly more for their medications.

Antibiotics and other anti-microbiologicals are primarily the drugs in short supply. This may have caused infection resistance and sepsis in patients. Also anti-neoplastic (anti-cancer) chemotherapeutic drugs have seen dramatic shortages and patients who had effective treatment with one drug had been switched to other drugs - frequently with serious consequences for the patients, i.e. more adverse effects and less efficacy in treatments. Patients have reported sleepless nights and extreme worry about the continued crisis.

Why are pivotal drugs missing and/or in short supply? The main cause is that pharmaceutical companies stop making drugs when they don't provide sufficient profits! And some medical practitioners fail to stock up on certain medications if these medications don't provide a sufficient margin of profit for the practice. Profit margins are presented as a legitimate concern of healthcare providers and pharmaceutical companies. There are no laws that require manufacturers, pharmacies, or healthcare providers to have all approved drugs available to patients. When patients are not treated with a medication they need, and because of this suffer injury or death, who is responsible? This question will be answered in the future as patients file claims that seek to establish or preserve their right to receive standard of care diagnosis, management, and care - including the medications they need.

The medical malpractice team at Stein, Mitchell, and Muse, LLP evaluates cases of improper medications or lack of treatment due to shortages of medications or denial of treatment that are driven by the economic motives of the healthcare providers. If you would like to discuss your situation with one of our lawyers, please call (202) 737-7777.

November 22, 2011

Colonoscopies and Indigo Dye

Endoscopists using the water-infusion method of screening colonoscopy found significantly more adenomas if they added indigo dye, compared with the water method alone, a new study has shown. "Indigo carmine enhances any surface irregularities" when used as part of screening colonoscopies, Dr. Joseph W. Leung said in a late-breaking abstract session at the annual meeting of the American College of Gastroenterology.

Indigo carmine is used to enhance adenoma (polyp) detection in chromo-endoscopy, which is a more cumbersome process than the water method, Dr. Leung said. He and his colleagues at the Sacramento VA Medical Center in Mather, California conducted a randomized, controlled trial to assess the value of adding indigo carmine to the water method. The colonoscopies were performed by two endoscopists who had experience with both methods. Patients were blinded as to which procedure they had, and all patients underwent intravenous conscious sedation. In both groups, air was suctioned out of the rectum to remove any fecal material and stool or cloudiness was suctioned out, followed by another infusion of clear water. Apparently colon preparation and surface enhancing play an important role in adenoma detection.

Early detection of a polyp is critical because polyps evolve to cancer over time, and if not resected can metastasize and result in death. Colonoscopy evaluations have a low but significant false negative rate, and repeat colonoscopies may sometimes detect undiagnosed but pre-existing adenomas. In high risk patients or symptomatic patients, however, a single colonoscopy may be the only chance to detect an adenoma before it becomes cancerous. Therefore, when doing a colonoscopy it is important to utilize the best available technique to detect these potentially lethal abnormalities. A patient can ask the physicians performing the study how they plan to do the study and how that method enhances detection. Failure to detect may be based on failure to adhere to available guidelines or using outmoded techniques.

Stein, Mitchell, and Muse, LLP has successfully handled numerous cases of undiagnosed cancer following failed colonoscopy procedures. Our experienced medical malpractice team is available at (202) 737-7777 for a free, no obligation consultation.

November 14, 2011

Venous Thromboembolism and Oral Contraceptives

The risk of venous thromboembolism associated with oral contraceptives is significantly influenced by differences in progestogen type, according to a study published online by the British Medical Journal.

Danish registry data including more than 8 million woman-years of observation were used to identify 4,307 first-ever venous thromboembolic events in nonpregnant women, aged 15 to 49, from 2001 through 2009. Data on 2,847 confirmed cases were used to analyze the risk associated with use of combined oral contraceptives, with attention to differences in progestogen type and estrogen dose. The lead author was Øjvind Lidegaard of the University of Copenhagen.

For women using oral contraceptives containing 30 to 40 μg of ethinylestradiol, relative risks of venous thromboembolism were 2.9 for products containing levonorgestrel, 6.6 for desogestrel, 6.2 for gestodene, and 6.4 for drospirenone (compared to no hormonal contraception). Compared to women using levonorgestrel-containing oral contraceptives (with adjustment for length of use), risk ratios were 2.2 for women using products with desogestrel, 2.1 with gestodene, and 2.1 with drospirenone.
Women using progestogen-only products or hormone-releasing intrauterine devices were not at increased risk.

Based on the risks estimated in the study, 2,000 women would need to shift from using oral contraceptives containing desogestrel, gestodene, or drospirenone to levonorgestrel-containing products to prevent 1 case of venous thromboembolism over 1 year.

Recent studies have reported an increased rate of venous thromboembolism among women using combined oral contraceptives and a decreasing risk by both time of use and decreasing estrogen dose. However, the impact of type of progestogen remained unclear until this study was performed.

This study finds significant differences in venous thromboembolism by progestogen type. Compared to women not taking hormonal contraceptives, those using products containing levonorgestrel show a threefold increase in risk. For those using oral contraceptives with desogestrel, gestodene, drospirenone, or cyproterone, risk increases six- to seven-fold. However, the absolute risks are relatively small--many patients would need to change their type of oral contraceptive to prevent even 1 case of venous thromboembolism.

For patients who have suffered a stroke while on oral contraceptives an analysis should be made to see if their doctor prescribed the medication in compliance with indications/contraindications and therapeutic rational. For women above age 30 years who are obese and smoke, the pill is high risk and its use should be avoided. Formulations of oral contraceptives are the responsibility of the pharmaceutical companies. They have a duty to protect the public by providing accurate information on their products and formulating their medications to carry the lowest risks reasonably possible.

November 7, 2011

When a Family Loses Their Beloved Breadwinner by Laurie A. Amell

When the breadwinner of the family dies, those left behind are not only devastated, grieving for the loss of their loved one, but also worrying about the financial impact as well. Some families may have savings or life insurance to ease the monetary burden; however, many couples (especially those with young children) live payday to payday and just can't squeeze in one more monthly bill such as insurance. No one should have to endure both losing their partner and the family's breadwinner alone. The grief-stricken spouse or partner, when this was caused by the negligence of another, is left trying to comprehend how this could have happened.

When clients seek our help in pursuing a wrongful death case, by the hands of a healthcare provider, an auto accident, or other means, a forensic economist is retained to show the wrongdoer the financial impact the negligence has cost the decedent's family. This expert will prepare an economic report, using information such as tax returns, wage information, benefits, retirement plans, life expectancy, and household services that the decedent provided to family members. If the decedent had a spouse or partner and children, not only did the family income suddenly change, but new expenses (babysitter/nanny, handyman, housekeeper, etc.) will be incurred. A grief therapist can work with the mourners on various emotions. A vocational rehabilitation expert would meet with the family and render a report and testify regarding the deceased's household services, as well as the family's care needs absent illness and death. It is vital to put together this type of multidisciplinary damage care team.

We have seen many families come to us, still grieving and frightened about losing their homes, no relatives nearby, and not any (or not enough) insurance after paying funeral expenses. We can't replace the breadwinner, your loved one, but if someone else was at fault, we will fight for your rights to obtain a verdict or settlement that will ease at least the financial burden placed on you due to the negligence of another.

We at Stein, Mitchell, and Muse, LLP have a team of attorneys, nurses, and a medical consultant on staff that will promptly evaluate your case. If you find yourself (or a loved one) in need of top notch lawyers in the District of Columbia, Maryland, Virginia and other jurisdictions, please give our team a call or complete the contact form on our website.


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