Robbins & Associates, PC

One of the most common types of medical malpractice lawsuits stems from a medical professional’s failure to properly diagnose cancer. The key to the success of the lawsuit is proving that the failure to diagnose soon enough resulted in further harm to the patient. If no further harm was caused by a delay in diagnosis, the case will fail.

The success of a malpractice case concerning a failure to diagnose cancer relies heavily on what stage the cancer was in when it was initially missed. For example, a lung cancer diagnosis that was delayed for less than six months will likely be difficult to prove as malpractice.

In cases where the physician failed to diagnose breast cancer, the major concern lies in whether or not there have been metastases into the lymph nodes and how many have been effected. A system for determining the stage of breast cancer the patient is in is determined by the number of lymph nodes involved and the size of the tumor(s).

Oncologists are able to trace the cancer growth rates back to the point in time when the negligent act occurred. Negligence factors differ depending on the type of cancer that was overlooked. Different types of cancers have different growth patterns, so some grow faster than others and are much more detrimental if missed at an earlier stage.

If you or someone you love believes that they have a case for medical malpractice in a failure to diagnose cancer, please contact Robbins & Associates today for information on your rights.

The use of medical abbreviations all too often leads to medication mistakes that result in patient harm. The FDA (Food and Drug Administration) and the ISMP (Institute for Safe Medication Practices) have begun a national campaign to educate medical professionals in the use of proper medical terms to avoid misuse by consumers. The campaign is attempting to promote safe practices in the communication of medical information in order to reduce the amount of mistakes resulting in patient injury.

The FDA is recommending that healthcare professionals consider changing the way medical abbreviations are used. It is important to discern between medical abbreviations that leave room for error and those that are clearly meant for only one type of medication.

The FDA has proposed that a new format be implemented in the labeling of prescription drugs in order to reduce the number of medical errors in prescribing medications. It is estimated that this type of medical error is responsible for approximately 98,000 deaths in the United States each year. The FDA’s proposal will make medical information available in readable, consistent and clear format.

The package insert, which is referred to as the prescription drug product labeling, is the primary means for drug information to be communicated to practitioners. The FDA reviews and approves product labeling proposed by manufacturers through this insert. Many practitioners find the labeling to be complex, lengthy and difficult to use. The result is that crucial information is overlooked or missed, causing medical errors and ineffective treatments to take place.

New labeling will offer highlights to the most important information on the label and an easier reference to the most used information contained therein. It also would provide the location of more detailed information elsewhere on the label. The intent of the proposed changes in product labeling is to increase the effectiveness of medical treatments and decrease the incidence of medical errors.

If you or someone you know has suffered as a result of medical labeling errors, please contact Robbins & Associates today to find out what your rights are.

Qui tam is an action brought against someone attempting to commit fraud against the government by someone who has direct and material information about the case. These actions have been in use since the early thirteenth century in England.

The False Claims Act of 1863 was designed to give relators a reason to come forward. The private citizen filing the lawsuit on behalf of the government is known as the relator or plaintiff in the case and is entitled to receive a portion of the awarded amount should the government’s case be won.

In a qui tam case, the private citizen has information showing that the defendant named in the case knowingly committed fraud against the U.S. The relator does not need to have been directly harmed by the actions of the defendant. The information supplied by the relator cannot be a part of public knowledge.

Qui tam allows a private citizen to file a lawsuit on behalf of the United States Government that charges fraud against government contractors or others who attempt to collect funds for work or services not supplied. Some qui tam actions have involved such contractors and government agencies as:

• Defense contractors
• Health and Human Services
• Environmental Energy
• Education
• NASA
• Agriculture and Transportation

For more information about qui tam and what role the private citizen plays, please contact the law offices of Robbins & Associates.

Knee replacement surgery is the most popular form of replacement surgery performed in the United States. The current form of this surgery has been around since the 1970’s and has been performed on millions of patients. Approximately 200,000-300,000 knee replacement surgeries are performed in the U.S. each year.

As a patient and the recipient of a new knee implant, you should do your own research along with questioning your physician as to which knee replacement products are reliable and have a good history of quality and longevity.

There have been many cases of patients having detrimental problems due to defective knee implants. Knee implant manufacturer Smith & Nephew voluntarily recalled two types of its knee implant products. The first was the Oxinium Genesis II and the second was the Profix II implants.

The new forms of implants worked better and more efficiently than the cobalt and titanium knee replacements used in the past. By reducing the amount of resistance and rubbing between replacement components that surround tissue areas, the newer replacements were more comfortable and caused less long term discomfort for the recipients.

These cementless knee implants were recalled because they did not bond properly to the bone. Many patients that received these implants had to undergo revision surgeries and risk suffering:

• Infection
• Joint damage
• Tissue damage
• Muscle damage
• Swelling and inflammation
• More rehabilitation

If you or someone you love has undergone knee replacement surgery and are concerned that you may have received a faulty implant, please contact the law offices of Robbins & Associates today for advice.