The sale of controversial fad diet products containing a human hormone found in pregnant women was made illegal earlier this week after the Food and Drug Administration (FDA) banned the products from being sold over-the-counter. According to CNN News, both the FDA and the Federal Trade Commission sent warning letters to seven companies that manufacture “homeopathic” products containing human chorionic gonadotropin, or HCG, saying the products can no longer be sold online or in stores.

Labels on the products call for those taking them to adhere to a strict low-calorie diet. A person on the program will only consume 500 calories a day in conjunction with the hormone to lose a large amount of weight very quickly. Some advocates say they have seen some users lose upwards of 30 pounds in a month’s time.

The government says the weight loss pills’ claims are unsubstantiated and that the hormone combined with the low calorie diet puts patients at a higher risk of:

• Blood Clots
• Cystic Ovaries (Women)
• Electrolyte imbalances
• Enlarged and Sore breasts (Men)
• Gallstones
• Heart Arrhythmias

The FDA has not approved any products containing HCG for weight loss purposes, and there is no clear evidence that the claims of weight loss can be associated with the hormone.

The Ohio Defective Product Attorneys with Nurenberg, Paris, Heller & McCarthy advise anyone using HCG diet pills to stop immediately. If you have suffered any ill side effects from taking diet pills containing HCG, contact an experienced attorney today.

Arguments are brewing from both sides over a new study that finds alcoholics in need of liver transplants should not have to prove their commitment to a change in lifestyle by staying sober for a six-month period prior to the life-saving surgery. According to the Associated Press, the French study was released in the newest issue of the New England Journal of Medicine Thursday.

The study examined 27 patients suffering from severe hepatitis brought on by years of heavy drinking and that were getting no better from drug treatments. They all pledged to quit drinking and received transplants to profound results. After a three-year follow-up, only three of the patients had started drinking again. This rate is much lower than the commonly accepted 30 percent fall off rate for patients who go through the six-month wait period.

Despite the positive results, many in the medical field are skeptical of the findings, citing differences in culture as a reason for the conclusions reached by the data and fearing a drop in donor numbers if they believe organs are going to go to active drinkers. They say removing the six-month rule could flood transplant recipient lists with thousands of struggling and sick alcoholics, therefore putting those who are not sick because of lifestyle choices in danger of longer waits and possibly death.

The Ohio Medical Malpractice Attorneys with Nurenberg, Paris, Heller & McCarthy ask, should patients in need of a transplant be able to receive it regardless of lifestyle choices? Tell us your opinion by posting to our Facebook page.

When a 9-year-old girl collapsed and died in a Dayton, Ohio, elementary school, parents began to wonder if the School Board’s decision to lay off one-third of it’s nursing staff two months prior to the incident was the right move.

According to the Dayton Daily News, in July, the Dayton School District laid off ten nurses. One of which was the nurse at Westwood School, where the girl attended. On Tuesday, authorities say the girl arrived at school as normal and had breakfast. Within the hour, the girl told friends she was feeling dizzy and complained to her teacher that she was not feeling well and was sent to an empty nurse’s office.

Since the lay off, Westwood shares a nurse with several other schools in the area. That day, the nurse was at Belmont High, giving vision tests.

The girl collapsed while walking to the unmanned nursing station, and within moments school staff had summoned paramedics and began CPR. She was taken to Good Samaritan Hospital, but died a short time later of yet to be determined causes.

Due to state budget cuts, Dayton Public Schools now has 21 nurses in 30 facilities, and only 10 of those are full time at one school.

The Ohio Medical Malpractice Lawyers with Nurenberg, Paris, Heller & McCarthy agree that state guidelines of a nurse to student ratio of 750 to 1, as determined fit by the Ohio Department of Education and National Association of School Nurses, should be followed in order to protect student’s well-being.

It appears as if hand washing also continues to be a problem in hospitals. It is widely acknowledged that one-third to one-half of all health care workers fail to follow proper hand washing practices. So before a medical care provider touches you, insist on hand washing.

Authored by Attorny Ellen M. McCarthy

Hospital ownership of a formerly private practice, according to the study, promotes volume over quality of care as the formerly independent physicians become profit centers for the hospital, often being pressured to order expensive but lucrative tests.  These hospitals often charge facility fees for office visits and outpatient procedures in the doctor’s office, in addition to the fees for the services themselves, even though the doctor’s office is not located at or near the hospital.

The worst thing about this new business model is that it frequently does not lead to improved care – communication between the hospital and the newly acquired private practice is often problematic.  This new system fails to achieve higher quality care but does tend to increase costs.

Authored by Attorney Ellen M. McCarthy

Water tests at the Parma Community General Hospital in Parma, Ohio, had results showing elevated levels of Legionella bacterium in the water system. According to Cleveland.com, the results were released last week and no outbreaks of the disease associated with the organism have been reported.

Legionella bacteria are spread through contaminated water. The Centers for Disease Control and Prevention (CDC) say that hospitals are especially prone to out breaks because of their vast piping system throughout a facility. Humans can contract the bacteria by breathing in contaminated water vapor. Once inside the body, the bacteria can begin to reproduce and the infected patient will begin to show symptoms within two to fourteen days. Some of the more common symptoms associated with an infection, include high fever, chills, and a cough. If left untreated, the disease can turn into pneumonia and may lead to death in certain cases.

Since the test results were released, hospital staff have moved two ICU patients and released another to ensure they are not exposed. Hospital staff has also worked to remove the bacteria by flushing the pipes with hot water and changing out all infected faucet heads.

The Ohio Personal Injury Lawyers with Nurenberg, Paris, Heller & McCarthy may be able to help you if you have become sick because of a disease you were exposed to at a healthcare facility. Get in touch with them now to discuss your case

The Food and Drug Administration (FDA) issued a warning Wednesday regarding the dangers of surgical mesh used to support organs in women suffering from pelvic prolapse, a condition in which internal body parts, like the bladder and reproductive organs, slip down into the vagina. Doctors have also used the mesh to correct stress bladder incontinence in women.

The warning states that complications could arise from the use of the product, such as pain, bleeding, and infection. Over a two-year period, from 2008 to 2010, more than 1500 patients reported post surgery issues involving the mesh. In most cases, complications arose after the mesh failed to bond correctly to the body and came through the vaginal wall.

Even with the great risk of injury, the FDA is choosing not to pull the product completely because certain patients may still benefit from its use. For now, experts are recommending that doctors perform a more traditional prolapse surgery using only stitches instead of the mesh product.

The FDA will conduct a meeting in September to determine the fate of the surgical mesh by asking patients whether it should be considered a high-risk product and will determine what studies could show which patients could benefit from its use.

The Ohio Medical Malpractice Attorneys with Nurenberg, Paris, Heller & McCarthy may be able to assist victims of surgical malpractice by helping to hold surgeons and other hospital staff accountable for the mistakes made during your procedure.

Cincinnati’s Local 12 News recently did an expose depicting one woman’s battle with her insurance company and hospital. The report told the story of a woman who had rotator cuff surgery in February of this year, and was expecting to pay about $100 for the procedure after her insurance company paid their share.

When she received the bill following the procedure, she was shocked. There was around $3,000 in total charges for medical equipment used to fix her shoulder, meaning her part of the co-pay was roughly $600. The charges were the result of three small anchors that were implanted during the surgery to hold her shoulder in place.

The woman has questioned the charges with both the hospital and her insurance company to no avail. She says after discussing the parts with the manufacturer, she has found a more than 100% mark-up by the hospital on the part.

The insurance company did not question the billing and paid its portion of the bill to the hospital, but the woman has refused to pay her portion. She has taken her complaint up the chain of command at the hospital to the Chief Financial Officer, who vigorously apologized but insisted that the cost for the pieces of hardware were justified.

If you are questioning the charges of a recent procedure you had at a hospital, get an experienced Ohio Personal Injury Attorney with Nurenberg, Paris, Heller & McCarthy handle your case.

Several years ago the legislature capped financial awards for medical malpractice lawsuits, and earlier this year the state’s largest physician group asked lawmakers to expand legal protections for doctors into additional areas.

The Ohio State Medical Association wants the General Assembly to pass a proposal that would significantly raise the legal standard for civil suits against doctors working in emergency departments. The measure would have raised the legal standard from ordinary negligence to “willful and wanton” misconduct by the emergency room physician. However, the Senate revised it down a step to “recklessness” before passing the bill.

OSMA also hopes lawmakers will effectively shorten the statute of limitations for physician liability in cases where the claimant is a child, he said. In addition, the group is also working on a proposal for doctors who treat Medicaid patients that could help lawmakers rein in state healthcare spending in the upcoming biennial budget.

Attorneys that represent injured patients are preparing to fight additional limits on medical malpractice litigation, but recognize the tide is not in their favor because Republicans now control both chambers and the governor’s office, who is not likely to veto the legislation. To make it a trifecta, the only body capable of declaring the legislation unconstitutional is the Ohio Supreme Court, also comprised nearly exclusively of Republicans.

John Van Doorn, executive director of the Ohio Association for Justice, said restrictions on tort litigation that the General Assembly passed several years ago has denied many Ohioans their legal rights.

“The data clearly shows fewer Ohioans have filed suit and their recoveries are smaller. The question is, isn’t that enough?” he said.

Nevertheless, Mr. Maglione was optimistic that the proposal to grant immunity to doctors working in emergency departments would pass under the GOP-controlled legislature. A similar bill (SB86, 128th General Assembly) cleared the Senate last session but saw no action in the Democrat-controlled House.

Restrictions on medical malpractice litigation enacted several years ago have had a positive effect on doctors’ insurance rates, and additional limitations can only help more to control skyrocketing healthcare costs, he said.

Since 2005, the number of medical malpractice lawsuits has declined by about 35%, and physicians’ insurance rates have decreased by about 22%, he said. At the height of the litigation “crisis,” there were only three insurance companies writing malpractice policies in Ohio and now there are more than 15.

Mr. Van Doorn, however, maintained Ohio law is already skewed against the average citizen.

“Ohio doesn’t need to pass more regulations and more legal exceptions that let wrongdoers off the hook and saddle taxpayers with the bill,” he said.

Indeed, the Republicans’ support for such measures is at odds with their often-stated values.

On the one hand, they espouse personal responsibility and accountability as a virtue, and on the other hand to seek to excuse people, in any walk of life, from being accountable and responsible for their negligence.

The report indicated that hospitals may need to prepare for increasing liability costs.  Malpractice claims per hospital beds are expect to grow in 2011 and hospitals are trying to find ways to reduce these costs.  The secret may not be in the overall financial structure of the hospitals, but in the way patient safety is handled.  The culture of the hospital setting should always be on patient care and safety.  If hospitals can reduce the risks of falls, accidents and medical negligence by continually and thoroughly evaluating patient treatment initiatives, the malpractice exposure is naturally reduced.

According to Health Leaders Media “A greater commitment to patient safety drives lower liability expenses; the changes that reduce medical liability costs are cultural, not overtly financial, say the experts. ‘First and foremost, the CFO needs to be an ardent supporter of internal quality/safety.’” Releasing patients to their home in better health than they were admitted to the hospital should always be a top priority in all hospitals.

Nurenberg Paris understands that your health matters.