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Philips recalled many of its CPAP sleep and respiratory care devices earlier this year. The company acknowledged that the recalled machines contain a sound abatement foam that can release airborne particles and cause adverse health effects for users. In the wake of this recall, CPAP users immediately stopped using the devices and many have filed lawsuits against Philips. The CPAP recall lawsuits allege that the company failed to warn the public of this hazard and designed defective products. Some of the plaintiffs have alleged that the recalled CPAP devices caused them to suffer health conditions including headaches, inflammation, and cancer.

Philips first-quarter report acknowledges CPAP risks

Philips released its first-quarter report for 2021 on April 26th. The report acknowledged the association between the problematic sound abatement foam in its CPAP and BiPAP devices and possible adverse health risks. Philips disclosed that different factors, including unapproved cleaning methods and specific environmental conditions, caused the sound foam to degrade into a toxic compound and become inhaled by users.

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Earlier this year, Johnson & Johnson recalled several popular spray-on sunscreen products after testing found that the sunscreen contained benzene, a dangerous carcinogen. Now sunscreen lawsuits are being filed across the country and may eventually get consolidated into a new “class-action” MDL.

The product liability lawyers at Miller & Zois are currently looking for new sunscreen lawsuit cases from individuals who regularly used one of the spray-on sunscreen products recalled by J&J and were subsequently diagnosed with leukemia or certain other types of cancer. In this post, we will look at the details that led to the sunscreen recall and explain who might qualify for a sunscreen lawsuit.

Spray-On Sunscreen Recall

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A 2019 study of Chinese cerebral palsy medical malpractice cases found that over 60 percent of them involved birth asphyxia and hypoxic-ischemic encephalopathy. These results quantity CP-associated medical errors and conditions. Narrowing them down helps healthcare providers better understand the necessary steps to prevent it.

What does this tell us about cerebral palsy malpractice cases in the United States?   Good question. Well, not much for the compensation awarded for a cerebral palsy case.  But the nature of the claims does provide a lens into malpractice cases here, perhaps with less fluff because so many papers on cerebral palsy malpractice cases are really just arguments against the civil justice system we have had in this country since before we were a country. 

Birth asphyxia

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Before undergoing surgery or other types of medical procedures, patients are asked required to sign a medical waiver or informed consent form. These forms often contain language confirming that the patient understands and accepts certain risks associated with the procedure.

But what happens if the medical procedure goes wrong and the patient is seriously injured? Does the medical waiver form the patient they signed legally prevent her from bringing a medical malpractice lawsuit?

We discuss the legal implications of medical waiver or informed consent forms and whether they limit a patient’s right to sue for medical malpractice when things go wrong.

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Below we have settlement stories of lawsuits against medical assistants.  But, first, let’s talk about what a medical assistant is and they are different from nurses. 

Our lawyers bring medical malpractice claims against not only doctors but nurses and medical assistants.  There is a lot of confusion between the two, some of which have legal implications.  This post clears up some of this confusion.

What Is the Difference Between a Registered Nurse and a Medical Assistant?

If you have been injured by the negligence of a nurse or medical assistant, you may be entitled to compensation. Both medical assistants and nurses are considered licensed healthcare professionals, which means that they can be liable for medical malpractice. To hold a nurse or medical assistant liable for malpractice you need to show that they breached the applicable standard of care. The standard of care for a registered nurse will be much different than the standard of care for a medical assistant, so it is important to understand the difference between the two.

Nurses and Medical Assistants Have Different Training and Education Requirements

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Slip and fall incidents among elderly residents in nursing homes can be very serious, sometimes even deadly. One out of every three nursing home residents dies within 12 months of going to the hospital for a slip and fall.  That is just an insane statistic.  Our Maryland nursing home lawyers see too many nursing home fall cases with tragic outcomes.

Nursing home negligence is often a major contributing factor when elderly residents fall and injure themselves. In most nursing home fall cases, the negligence involves poor facility maintenance (unkept hallways, wet floors, etc.) or negligent care by staff members (failing to put up bed rails, walking unassisted, etc.).

In some cases, however, elderly residents fall because of underlying health conditions. Orthostatic hypotension (low blood pressure) is a health condition that is known to cause sudden falls among elderly nursing home residents. Nursing homes have an obligation to monitor their residents for conditions such as orthostatic hypotension and take appropriate precautions.

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If you have been the victim of medical negligence and you have a malpractice lawsuit pending, one of the primary questions you probably have is “how long will it take for my case to settle?” Our Maryland malpractice lawyers get this question all the time from our medical malpractice clients. It is completely reasonable to ask. Medical malpractice victims frequently end up in acute financial distress as treatment bills pile up and they cannot work. Many of our clients end up desperately waiting for a settlement in their malpractice case to bail them out.  This makes the time frame for a settlement more important.

The Average Malpractice Settlement Can Take 18 to 24 Months

The length of time it takes to get a settlement in a medical malpractice lawsuit will vary depending on a number of factors including

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Many people think medical malpractice is an invention of medical malpractice lawyers to get money.  It is not.  Before COVID-19, it was the third leading cause of death in the United States.  That is not a malpractice lawyer talking.  It is from Johns Hopkins.

Other studies in the healthcare field have shown that only a fraction of people injured by medical negligence end up bringing a claim, let alone filing a lawsuit. So the reality is that most incidents of medical malpractice never even result in litigation.

When medical malpractice does generate a lawsuit, however, there is a very strong likelihood that the lawsuit will eventually be resolved through some type of out of court settlement. Somewhere between 70-85% of all medical malpractice lawsuits get settled out of court. This means that a big part of every medical malpractice lawsuit is a continuing process of back and forth negotiation about the settlement value of the case. Most people are entirely unfamiliar with how this process works, so the goal of this post is to give you an inside look at how malpractice settlements get negotiated.

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People tend to put a lot of trust in doctors and other medical providers and it can often be very shocking when they make major mistakes or provide negligent care. When you feel like you’ve been the victim of medical negligence or some type of mistake by a healthcare professional its only natural to want to take action. This typically means suing the doctor for medical malpractice. Many people who find themselves in this situation end up getting very frustrated when they can’t seem to find any medical malpractice lawyer willing to take their case.

Our Maryland medical malpractice lawyers field hundred of inquiries from prospective medical malpractice clients each month. Like most malpractice firms, we end up turning away a large percentage of these. On this page, we will look at the top four most common reasons that we end up turning down a potential medical malpractice case.

  1. Malpractice Occurred but No Harm Resulted

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Our lawyers see a lot of pressure sore ulcer cases.  These bedsores come in many shapes, locations and sizes based in part on their etiology.

What Is DuoDerm?

There are a number of dressings and treatment options available. DuoDERM, a hydrocolloid, is an occlusive gel dressing that helps maintain a moist wound bed. The idea is to reduce the amount of skin breakdown that is inevitable as a result of friction that comes with life such as putting on clothes, brushing up against bedsheets, etc.

The hydrocolloid in DuoDERM helps provide absorbency and a “moist gel-like environment” that helps promote moisture to rehydrate, soften, and liquefy the tissue. On contact with the wound drainage, the hydrocolloid matrix forms a cohesive gel that supports moist wound healing.

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