Copyright 2008 Medical News Today Latest Medical Malpractice / Litigation News From Medical News Today. http://www.medicalnewstoday.com/sections/medical_malpractice/ admin@medicalnewstoday.com (MNT Admin) editors@medicalnewstoday.com (MNT Editors) en-us Sun, 12 Oct 2008 00:00:00 PDT http://www.medicalnewstoday.com/articles/125126.php Biovail Corporation (NYSE, TSX: BVF) today announced that it has been notified that a proposed securities class action lawsuit has been filed in the U.S. District Court Southern District of New York against the Company, its Chairman and two former officers. The complaint has been filed on behalf of all persons and entities that purchased Biovail securities from December 14, 2006 through July 19, 2007. Medical Malpractice / Litigation Sun, 12 Oct 2008 00:00:00 PDT http://www.medicalnewstoday.com/articles/125133.php Operating department practitioner Lloyd Subner has been struck of the HPC Register for assaulting a colleague while employed by Kings College Hospital NHS Trust. A panel of the HPC Conduct and Competence Committee found that on 12 December 2006, Mr Subner threw a box of intravenous fluids at a female colleague and swore at her. Mr Subner denied the allegations and was not present at the hearing held in London. Medical Malpractice / Litigation Fri, 10 Oct 2008 06:00:00 PDT http://www.medicalnewstoday.com/articles/125016.php The Ohio Supreme Court on Tuesday heard arguments in a lawsuit seeking the release of ten years of medical records from a Planned Parenthood clinic where a teen had an abortion in 2004 the AP/Google.com reports. The suit has been filed by the parents of the 14 year old girl, who allegedly obtained an abortion without parental consent after being impregnated by a 21 year old. Abortion Fri, 10 Oct 2008 05:00:00 PDT http://www.medicalnewstoday.com/articles/125015.php The European Court of Human Rights, which rules on cases in which applicants feel they cannot receive adequate legal redress in their home countries, is considering whether to take up an Irish case that would determine whether a woman in the country has a right to an abortion to preserve her health, the Abortion Fri, 10 Oct 2008 05:00:00 PDT http://www.medicalnewstoday.com/articles/125114.php The law firm of Izard Nobel LLP, which has significant experience representing investors in prosecuting claims of securities fraud, announces that a lawsuit seeking class action status has been filed in the United States District Court for the Southern District of New York on behalf of those who purchased Biovail Corporation ("Biovail" or the "Company") (NYSE: BVF) between December 14, 2006 and July 19, 2007, inclusive (the "Class Period"). Medical Malpractice / Litigation Fri, 10 Oct 2008 03:00:00 PDT http://www.medicalnewstoday.com/articles/125079.php As the National Audit Office publishes its report on complaints handling1 today, highlighting a lack of learning from complaints, the Medical Defence Union, the UK's largest provider of insurance indemnity to doctors, stresses the importance of setting up a system to learn from significant events, including complaints, and sharing this knowledge with others. Medical Malpractice / Litigation Fri, 10 Oct 2008 02:00:00 PDT http://www.medicalnewstoday.com/articles/125050.php Servier is disappointed by the decision of the English High Court (Mr Justice Norris) to award damages to Apotex of GBP17.5 million in the case of Les Laboratoires Servier vs Apotex Inc. Servier is currently considering whether to appeal the Judgment. However, Servier acknowledges that Mr Justice Norris's Judgment rejected Apotex's original claim for GBP27 million and awarded it a substantially reduced amount (GBP17.5 million). Pharma Industry / Biotech Industry Fri, 10 Oct 2008 01:00:00 PDT http://www.medicalnewstoday.com/articles/124969.php A Lancashire nurse was struck off the professional register for not responding appropriately to two patients' deteriorating conditions, a factor which may have contributed significantly to their deaths. Nursing / Midwifery Fri, 10 Oct 2008 01:00:00 PDT http://www.medicalnewstoday.com/articles/124970.php A Glasgow care home nurse has been struck off the Nursing & Midwifery Council (NMC) register following a 3 day professional hearing held in Glasgow. Jose-Serge Tulwa, a 64 year old registered adult nurse from Fullerton was charged with numerous allegations of treating residents in an aggressive and inappropriate manner while working at the Haydale Care Home, Tollcross in 2004. Caregivers / Homecare Wed, 08 Oct 2008 09:00:00 PDT http://www.medicalnewstoday.com/articles/124686.php The federal government has joined a lawsuit against several companies alleging that they submitted false claims to Medicare, paid illegal kickbacks and established fake durable medical equipment suppliers, Dow Jones reports. The suit involves McKesson, one of the largest suppliers of medical equipment in the U.S.; GGNSC Holdings; Golden Gate Ancillary; and Medicare / Medicaid / SCHIP Wed, 08 Oct 2008 07:00:00 PDT http://www.medicalnewstoday.com/articles/124684.php CMS on Monday announced new efforts to detect and combat Medicare fraud committed by durable medical equipment suppliers and home health care agencies, CongressDaily reports. Under the plan, the agency will expand a recovery audit contractor program nationwide. The program ran as a three-year demonstration project in six states and Medicare / Medicaid / SCHIP Wed, 08 Oct 2008 06:00:00 PDT http://www.medicalnewstoday.com/articles/124629.php On Monday, the opening day of the new Supreme Court session, President Bush traveled to Ohio to address members of the Federalist Society, a conservative legal group, where he stressed that judges "matter to every American" and defended his Supreme Court appointments, the New York Times reports. Abortion Wed, 08 Oct 2008 05:00:00 PDT http://www.medicalnewstoday.com/articles/124628.php The U.S. Supreme Court on Monday indicated that it will not review several abortion-related rulings by lower courts, including a New Jersey Supreme Court decision that state law does not require a physician to tell a woman that a first-trimester abortion would result in the "killing of an existing human being," BNA Health Care Daily reports. In September 2007 the state Supreme Court ruled in Acuna v. Abortion Wed, 08 Oct 2008 03:00:00 PDT http://www.medicalnewstoday.com/articles/124652.php Attorney General Martha Coakley's office, along with 32 other attorneys general, reached a record $62 million settlement with Eli Lilly and Company (Eli Lilly) resolving allegations of improper marketing of the atypical antipsychotic drug, Zyprexa. It is the largest ever multi-state consumer protection-based pharmaceutical settlement, following closely on the heels of the May 2008, $58 million settlement agreement with Merck regarding its product, Vioxx. Medical Malpractice / Litigation Wed, 08 Oct 2008 01:00:00 PDT http://www.medicalnewstoday.com/articles/124609.php The Medical Protection Society (MPS) welcomes the publication of the National Patient Safety Agency's (NPSA) Significant Event Audit (SEA) guidance. Dr Priya Singh, Medical Director said: "In our experience, many general practices would like greater knowledge about what they should be reporting, who they should be reporting to and how to take positive steps to prevent similar incidents recurring. Medical Malpractice / Litigation Tue, 07 Oct 2008 09:00:00 PDT http://www.medicalnewstoday.com/articles/124446.php The advocacy group Americans United for Separation of Church and State filed a report on Thursday with the IRS about the actions of two Oklahoma City-area pastors who recently took part in Pulpit Freedom Sunday -- an effort organized by the conservative Women's Health / Gynecology Tue, 07 Oct 2008 07:00:00 PDT http://www.medicalnewstoday.com/articles/124444.php The San Jose Mercury News on Thursday examined the legal merits of California's Proposition 4, which, if approved by state voters in November, would require physicians to notify parents before providing abortion services to minors. Abortion Tue, 07 Oct 2008 07:00:00 PDT http://www.medicalnewstoday.com/articles/124454.php Acting CMS Administrator Kerry Weems on Monday plans to announce new anti-fraud measures aimed at curbing the number of inappropriate Medicare payments, with some measures specifically targeting Miami-area home health care agencies, USA Today reports. Medicare / Medicaid / SCHIP Tue, 07 Oct 2008 05:00:00 PDT http://www.medicalnewstoday.com/articles/124440.php The fate of Roe v. Wade has become an issue of concern in this year's presidential election between abortion-rights opponent Sen. John McCain (R-Ariz.) and abortion-rights supporter Sen. Barack Obama (D-Ill.), the Los Angeles Times reports. Medical Malpractice / Litigation Tue, 07 Oct 2008 05:00:00 PDT http://www.medicalnewstoday.com/articles/124452.php The U.S. Supreme Court during the 2008-2009 term, which begins on Monday, will hear cases that question "whether a federal regulation can trump state law," such as a case that could determine whether FDA approval of medications protects manufacturing companies from product liability lawsuits filed in state courts, the Pharma Industry / Biotech Industry Tue, 07 Oct 2008 05:00:00 PDT http://www.medicalnewstoday.com/articles/124523.php A new book by a Rutgers University-Camden criminologist reveals the profound impact of shoplifting and prostitution on both a region and the lives of the women who depend on these illegal acts. Out in the Storm - Drug-Addicted Women Living as Shoplifters and Sex Workers by Gail A. Caputo, an associate professor of criminal justice at Rutgers-Camden, offers vivid insights from 100 hours of interviews with 38 women who sold themselves and the merchandise they shoplifted. Women's Health / Gynecology Tue, 07 Oct 2008 04:00:00 PDT http://www.medicalnewstoday.com/articles/124499.php Earlier this summer, the U.S. Supreme Court agreed to review a series of lower court rulings that restrict the Navy's use of sonar in submarine detection training exercises off the coast of Southern California. The court is due to hear arguments in the case this week. For many years, George Mason University professor Chris Parsons has been tracking the patterns of mass whale strandings around the world. Biology / Biochemistry Tue, 07 Oct 2008 00:00:00 PDT http://www.medicalnewstoday.com/articles/124350.php Pediatricians have a wide range of approaches towards disclosing medical errors to patients and their families, and they may be less likely to disclose this information if the errors are less obvious to parents, according to an article released on October 6, 2008 in Archives of Pediatrics and Adolescent Medicine, one of the JAMA/Archives journals. Medical errors occur in all fields of medicine. Pediatrics / Children's Health Mon, 06 Oct 2008 11:00:00 PDT http://www.medicalnewstoday.com/articles/124380.php A nurse has been struck off the nursing and midwifery register following a professional hearing at the London offices of the Nursing and Midway Council (NMC) from 1-3 October 2008. Nursing / Midwifery Mon, 06 Oct 2008 10:00:00 PDT http://www.medicalnewstoday.com/articles/124258.php A panel of India's Supreme Court on Wednesday approved instructions from the country's Centre Party that health care workers in all government and private hospitals cannot refuse medical treatment to people living with HIV/AIDS, The Hindu reports. The Supreme Court panel -- consisting of Chief Justice K.G. Balakrishnan, as well as Justices Ashok Bhan and P. HIV / AIDS