Medical Malpractice and Your Advocate

100,000 American patients die each year because of medical errors! Medical errors don't always result in death. Medical malpractice affects the patient and their family and can result in various physical and mental obstacles. It is important to know that doctors and medical staff are fallible. Mistakes occur because of incorrect prescription dosages, medical personnel's action or inaction and, in some cases, their failure to respond.

An infant, born in 2001, of Charlottesville, VA suffers from cerebral palsy and brain damage because of physician's negligence at his birth. During labor and delivery, doctors at University of Virginia Medical Center failed to respond to the infant's condition which caused him to asphyxiate. The infants's parents were relieved last week when a settlement allotted them $1.35 million dollars. While this seems like an astounding amount of money, the infant's long term care will cost approximately $9 million! However, the state of Virginia caps all medical malpractice awards at $1.6 million. This coming summer that cap will increase to $2 million. (McKelway, inRich.com, 5/1/2008)

One way to combat being a medical malpractice casualty is to have a patient advocate with you when entering the hospital for routine or emergency situations. Patient advocates can be family members, friends, or even hired consultants. An advocate should "monitor the medications, review the treatment plan, know the detailed medical history, alert overworked nurses when vital signs go bad, battle for timely attention in a jammed ER, coordinate care as nurses and doctors change shifts, and look out for the comfort, hygiene and mobility (McClain, Arizona Daily Star, 4/27/2008)." While you can't predict an emergency, it is important to arm your patient advocate with your personal vital information, medical history, prescription list, and health concerns so they might speak on your behalf if necessary.

Contaminated Water

What are you drinking?

How do you drink your water? Is it out of a bottle, purifier, or the tap? Water should be a staple of everyone's diet and it's disheartening to hear all the contamination cases throughout the country.

Montana's Colstrip power settled a case last week for $25 million because their holding ponds leaked into local towns. Contaminant's were found in nearby water supplies and individual homeowner's wells. It is also alleged that one reservoir leaked into a town's water supply, and raised the water level enough to cause structural damage to some homes. The company has taken steps to secure their reservoirs with rubber liners. (Brown, www.seattlepi.com, 5/2/08)

Chevron and 10 other oil companies have agreed to a settlement of $423 million to remedy their use of MTBE and it's contamination of the water supply in 17 states. MTBE, methyl tertiary butyl ether, was used as a gasoline additive which reduced air pollution. However, it has been discovered that when MTBE is burned it causes massive contamination of wells and aquifers. The oil companies involved will fund a 30 year water treatment program for areas of severe contamination. (Glovin, www.bloomberg.com, 5/8/08)

So what's in your water? Your water supplier is required to notify you if your water does not meet the Environmental Protection Agency's standards. If you have further questions or concerns the EPA's website on ground water and drinking water (http://www.epa.gov/OGWDW/faq/faq.html) is a great resource.

Contact Foran & Foran, P.A. for all injury cases including contamination cases.

Plastics, BPA, and the Consumer

Polycarbonate plastics and Bisphenol A, or BPA, have put parents on high alert in recent months. Polycarbonate plastics have been used for more than 20 years in baby bottles, water bottles, and sports equipment because they don't shatter or break. BPA is a chemical used in polycarbonate plastic production. Current studies by the FDA and other organizations are inquiring into the toxicity of BPA. It is alleged that when plastic bottles are heated to extreme temperatures, toxic BPA seeps into the food contents.

Adults don't realize that BPA isn't just in baby bottles and that they are also at risk! On April 22, 2008, Lani Felix-Lozano, a California mother of two, sued the manufacturer of Nalgene sports bottles claiming the company has not properly warned it's consumers about BPA. While the lawsuit does not state any specific physical complaints, environmentalists note that BPA studies prove it is harmful even in small doses. These groups claim that animal studies demonstrate that BPA may cause "hormone disruptions, infertility, early puberty, and cancer" (Reuters 4/23/08).

The manufacturer of Nalgene bottles, Nalge Nunc, has begun to phase out the bottles containing BPA due to consumer pressure. Health Canada has released a report noting the dangers of BPA and some Canadian retailers, like Wal-Mart, are voluntarily removing products containing BPA from their shelves. The Food and Drug Administration is reassessing the safety of BPA since the National Toxicology Program discovered "BPA may alter human development" (Szabo, USA Today, 4/27/08). As a parent, we notice product recalls for toys and baby equipment. But as a consumer, we must also be conscious of our own safety. Keep yourself updated on product recalls so you don't become a victim.