Boca Raton Community Hospital suffered a $110 million loss in its fiscal year ended June 30, leading to job and service cuts and the possible end of its affiliation agreement with local universities. In a statement to employees that was distributed to the media on Tuesday, the nonprofit hospital said it has about $180 million in cash and investments on its balance sheet, but would take at least two years to turn around its operations. Of its annual loss, BRCH attributed $60 million to operations, including decreased Medicare reimbursement, trouble with billing and collections, and losses in chemotherapy operations. The other $50 million of its loss came from costs in planning and financing an academic medical center at Florida Atlantic University, which BRCH partners with to train University of Miami medical students. BRCH announced that it would defer building that new hospital “for the foreseeable future” and discuss removing the hospital from its academic affiliation agreement with the universities.

Please click on the link below to read the South Florida Business Journal article:

http://www.bizjournals.com/southflorida/stories/2008/06/30/daily15.html?f=et81&ana=e_du

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

New Jersey officials have issued a health alert saying six people have been sickened by mistaking lamp oil for apple juice, including one person who died. Bruce Ruck of the state Poison Information and Education System says the six drank small amounts of the oil, which resembles apple juice in color and is packaged in a similar container. Health officials haven’t identified the brand.

Please click on the link below to read the ABC News article:

http://abcnews.go.com/Health/wireStory?id=5297198

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Consumers are unlikely to benefit from buying household versions of emergency equipment meant to revive victims of sudden heart seizures, according to long-awaited results from a clinical trial recently announced. The equipment — automated external defibrillators — has been marketed to health-conscious consumers for its ability to provide life-saving jolts of electricity to people whose hearts have stopped beating, or are beating so chaotically and rapidly that they could die within minutes.  In reporting their findings at a major cardiology meeting in Chicago and online in The New England Journal of Medicine, the researchers who conducted the trial noted that the devices clearly save lives in hospitals, emergency vehicles and in busy public settings like airports and casinos where trained employees are on duty. But the study, which included more than 7,000 patients at risk of having the seizures because of previous heart attacks, found that patients in homes equipped with the gear died at the same rate as those without it.

Please click on the link below to read the New York Times article:

http://www.nytimes.com/2008/04/02/business/02heart.html?_r=1&adxnnl=1&oref=slogin&ref=health&adxnnlx=1214838380-CBDCCDnWxxMFNDa3yKVRcQ

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Missouri is less the hotbed of litigation than it was before state lawmakers passed landmark tort reform three years ago, a leading observer said Monday. Michael Grote, legislative consultant for the Missouri Chamber of Commerce and Industry, told Legal Newsline that the Show Me State’s legal climate has improved significantly since the state placed caps on damage awards, among other reforms, in 2005. “The legal climate in Missouri has improved in terms of legal fairness,” Grote said in a telephone interview. Missouri has gone from being ranked 34th to 31st in an annual comparison by Harris Interactive of states’ legal climates from the perspective of in-house corporate counsels around the nation, he noted.

Please click on the link below to read the Legalnewsline.com article:

http://www.legalnewsline.com/news/211563-missouris-tort-reforms-credited-for-decreased-litigation

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Wireless systems used by many hospitals to keep track of medical equipment can cause potentially deadly breakdowns in lifesaving devices such as breathing and dialysis machines, researchers reported in a study that warned hospitals to conduct safety tests. Some of the microchip-based ‘’smart” systems are touted as improving patient safety, but a Dutch study of equipment — without the patients — suggests the systems could actually cause harm. A U.S. patient-safety expert said the study ”is of urgent significance” and said hospitals should respond immediately to the ”disturbing” results. The wireless systems send out radio waves that can interfere with equipment such as respirators, external pacemakers and kidney dialysis machines, according to the study. Researchers discovered the problem in 123 tests they performed in an intensive-care unit at an Amsterdam hospital. Patients were not using the equipment at the time. Electromagnetic glitches occurred in almost 30 percent of the tests when microchip devices similar to those in many types of wireless medical equipment were placed within about one foot of the lifesaving machines. Nearly 20 percent of the cases involved hazardous malfunctions that would probably harm patients. These included breathing machines that switched off; mechanical syringe pumps that stopped delivering medication; and external pacemakers, which regulate the heart, that malfunctioned. The wireless systems are used to tag and keep track of medical equipment like heart-testing machines, joint replacements and surgical staplers. They can help quickly locate devices that are elsewhere in the hospital and help prevent theft.

Please click on the link below to read the New York Times article:

http://www.nytimes.com/aponline/health/AP-MED-Microchip-Dangers.html?_r=4&scp=25&sq=health+care&st=nyt&oref=slogin&oref=slogin&oref=slogin&oref=slogin

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

A 3-year-old law designed to give doctors some protection against medical malpractice suits is unconstitutional, the state Court of Appeals has ruled. The judges voided a statute that imposed restrictions on who can testify as an expert witness against a doctor being sued. The person not only has to be licensed as a health-care provider but also must be a specialist in the same area as the defendant and actively practicing or teaching in that area. But appellate Judge Patrick Irvine, writing for the unanimous court, said that runs afoul of constitutional provisions that generally give the judicial branch of government the power to enact its own rules. Irvine said the Legislature is empowered to enact rules governing court proceedings only if they are “reasonable and workable and do not conflict with, or tend to engulf, the rules promulgated by the (state) Supreme Court.” This rule, however, doesn’t fit the exception. The 2005 law was passed at the behest of the Arizona Medical Association, which has been trying for years to reduce the number of malpractice lawsuits and the size of the verdicts. Absolute caps on what juries can award would run afoul of specific constitutional provisions. So the medical community has instead concentrated on smaller changes. This law stems from the fact that, in order to win a malpractice case, a patient or family member must prove that the care provided by a doctor fell below the accepted standard. And that requires jurors to be told by an expert witness - someone competent in the field - what is the standard of care. Proponents of the law argued that jurors can be swayed by what essentially are professional expert witnesses who are paid to testify on behalf of patients. The legislation, by limiting who can testify, hoped to limit that.

Please click on the link below to read the AZCentral.com article:

http://www.azcentral.com/business/abg/articles/2008/06/26/20080626abg-malpractice0626.html

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Researchers have uncovered a new clue to the cause of Alzheimer’s disease. Researchers and physicians say they have caused symptoms of the memory-robbing form of dementia in rats by injecting them with a particular form of sticky protein called beta-amyloid. The protein forms a kind of plaque that is found in the brains of people with Alzheimer’s. There long has been a question whether the protein is a cause of the disease or a side effect. Some people have beta-amyloid plaque in their brains but do not show disease symptoms. The researchers say they were surprised to find that injections of two forms of the protein did not cause illness, while the third type did. Now, they say the question is why? The findings are reported in the online edition of the journal Nature Medicine.

Please click on the link below to read the Kentucky Post article:

http://www.kypost.com/news/national/story.aspx?content_id=36352aee-b083-439c-b872-8e6e69c90c9f

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

John Dircks is a doctor of pulmonary medicine in Kalamazoo and will be celebrating his retirement. The 65-year-old physician, a graduate of the University of Michigan, founded his pulmonary clinical care group in 1976, and said he looks forward to a reduced workload. But for Dircks, retirement is about more than just enjoying his golden years. “It’s really just not feasible to keep doing what I’m doing,” Dircks said. “I pay the overhead for the office and computers and all the secretarial staff. I go through reams and reams of insurance and billing and transcripts. It doesn’t leave enough money for me and my wife.” Dircks is among of the more than 6,000 Michigan physicians who will be hanging up their stethoscopes in the next 10 to 12 years. That mass retirement will leave thousands of patients without medical care, state health experts say. About 38 percent of the state’s physicians, particularly in the primary care, family and internal medicine fields, will be retiring by 2020, David Fox of the Michigan State Medical Society said. “It’s going to be a real problem,” Fox said. “The baby boomers are hitting retirement, too, and they’re going to need more health care. The physicians who are retiring are the ones those people are going to have to see first. “Physicians are tending to retire earlier,” Fox said. “It’s a little more difficult maintaining a medical practice now.” The escalating exodus of doctors is due to a number of factors, Fox said. Not only are physicians retiring, but others are leaving the state due to the poor economy. Between the declining income of patients, increased costs of staff, high medical malpractice insurance rates and more exposure to lawsuits, Fox said physicians are inclined to quit sooner.

Please click on the link below to read the Mlive.com article:

http://blog.mlive.com/cns/2008/03/lansing_john_dircks_is_a.html

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Nevada regulators have decided to post more information about doctors’ medical malpractice history on the state Board of Medical Examiners Web site. The unanimous decision Friday comes after a hepatitis C outbreak in southern Nevada drew focus on the Board of Medical Examiners’ operations. The outbreak spurred criticism of the way the board distributes information about the doctors it licenses and censures. The current Web site lists the names of doctors who’ve been disciplined and the nature of the infraction. Members of the public must contact the board for additional information. The board plans to add to that a searchable database of all doctors named in malpractice cases that ended in a settlement, award or judgment. The board discussed including only cases that involved $5,000 or more, but did not come to a clear decision. It also did not state a firm launch date for the new site.

Please click on the link below to read the Reno Gazette-Journal article:

http://www.rgj.com/apps/pbcs.dll/article?AID=/20080615/NEWS/806150359/1321/NEWS

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Gov. Linda Lingle told state lawmakers yesterday she may veto a bill that would develop a program of loan repayments and other incentives for doctors and dentists to practice on the Neighbor Islands and in underserved urban areas. The Hawai’i Health Corps idea was the only proposal that survived last session to address the shortage of doctors in portions of the state. The program could provide loan repayments over five years for up to 100 doctors, with a priority on graduates of the University of Hawai’i-Manoa John A. Burns School of Medicine. Lawmakers passed the bill after rejecting medical malpractice liability reform, which the Hawaii Medical Association, the Lingle administration and many Republicans argue would have encouraged more doctors to practice in rural and underserved areas. The Lingle administration said yesterday that loan repayments and other incentives raise fiscal concerns about whether the state could sustain the Hawai’i Health Corps now or in the future.

Please click on the link below to read the Honolulu Advertiser article:

http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20080624/NEWS01/806240351/1001/LOCALNEWSFRONT

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Lawyers for a Connecticut psychiatrist who was sued for medical malpractice in the death of a 17-year-old girl should have revealed to her doctor co-defendant a secret settlement with a payout that hinged on the outcome of the trial, the state’s Supreme Court has ruled. The case centered on the death of 17-year-old Audrey Monti of Ellington, who collapsed outside the office door of her psychiatrist, Naomi E. Wenkert, one day after being discharged from the intensive care unit of a local hospital. Despite Monti’s having bluish lips when she recovered — a sign of a lack of oxygen — Wenkert wrongly diagnosed the girl as having a psychological reaction to having been in the intensive care unit and prescribed her a sedative, Ativan. Monti died later that night, Nov. 21, 1996, from what medical officials ultimately concluded was a respiratory viral infection that went undiscovered by her doctor, Mark J. Decker. Monti’s parents sued Decker and Wenkert, and in 2005 the case went to trial. In the midst of the trial, unbeknownst to the court and her co-defendant, Wenkert secretly entered into a so-called “high-low” agreement with Monti’s parents. The agreement was essentially a verdict-contingent settlement that would pay the parents a minimum of $300,000 or a maximum of $1 million, depending on the outcome of the trial. The agreement acknowledged that Wenkert’s liability insurer was in liquidation, and that a Pennsylvania court had barred it from paying any claims. The agreement relinquished personal claims against Wenkert and the plaintiffs agreed they would ultimately recover the sum from a reinsurer — if Wenkert could find one — or the Connecticut Guaranty Fund. Monti’s parents eventually won the case against Wenkert and Decker, who was ordered to pay a total of $1.75 million to the plaintiffs. It was at that point that the existence of the high-low settlement with Wenkert was revealed. Decker appealed to the Supreme Court, alleging among other things, that the existence of the agreement hindered his defense by depriving him of the chance to challenge some evidence at the trial and impeach Wenkert’s expert witness. The Supreme Court upheld the verdict of the trial court. However, it also concluded that the agreement should have been revealed to Decker, but ultimately that non-disclosure did not affect the outcome of the trial. As a result, the court has adopted a new rule for the state: All verdict contingent settlement — such as high-low agreements — must now be promptly disclosed to the court and any non-settling defendants.

Please click on the link below to read the Insurance Journal article:

http://www.insurancejournal.com/news/east/2008/06/10/90812.htm

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Although the world is increasingly becoming more 24/7, making an appointment with a doctor is so last century. Want a checkup the same day? Good luck. Want to swing by in the middle of a weekend? Don’t hold your breath. And, if you live in the suburbs and must see a specialist near an urban hospital, get ready to take on enough traffic to make you sick. However, there may be a cure for these inconveniences. Aventura-based AmeriGroup Holdings recently launched MDWebLive.com, which offers webcam appointments with physicians on a flexible schedule that includes nights and weekends. There are obvious limitations to what a doctor can offer without a physical examination, but simple diagnoses that require just a look over, a chat and a prescription can work online. The company’s Web site lists dozens of conditions its doctors can treat, including cold, flu, headache, allergies and heart problems. It also treats children who are at least 2 years old. Doctors can’t prescribe controlled substances through MDWebLive. Dr. Stephen Q. Parker, president of AmeriGroup’s medical association, said any patient with a serious condition or in need of a more thorough exam will be referred to the nearest medical facility. Visits are recorded for playback by either doctor or patient, and the medical records are stored with MDWebLive. The company set up an electronic prescription service to send orders to the patients’ designated pharmacy. All of that convenience isn’t free. Physicians must pick up part of the company’s medical malpractice insurance premium, but the company provides its software at no cost. Patients must pay a $99 annual membership fee, which includes a webcam, and $40 per consultation.

Please click on the link below to read the South Florida Business Journal article:

http://southflorida.bizjournals.com/southflorida/business_resources/tech_and_innovation/stories/2008/06/20/story10.html

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Passage of a landmark physician discipline bill may hinge on whether state lawmakers and Gov. David A. Paterson also can agree on a package of proposals long desired by doctors to reduce the risk of medical malpractice lawsuits and their malpractice insurance costs. Defying Paterson on a bill he proposed, state Republican lawmakers said they want to address not only disciplinary matters but also rising malpractice insurance premiums that have driven doctors out of business. “There is an urgent need to address malpractice costs as they are affecting the consumer on Long Island and New York City,” said Sen. Kemp Hannon, chairman of the Senate Health Committee. Malpractice insurance premiums increased 14 percent last year and then 15 percent this year. A Paterson administration official who spoke on condition of anonymity said the governor opposed linking physician discipline and malpractice costs. Supporters of Paterson’s bill said the compromise efforts were an attempt to defeat the legislation, as another powerful lobby, trial lawyers, opposes many efforts at tort reform, that is, changes in malpractice law more favorable to doctors.

Please click on the link below to read the Newsday article:

http://www.newsday.com/news/local/ny-lidocs0621,0,1626708.story

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

A mentally ill defendant who is nonetheless competent to stand trial is not necessarily competent to dispense with a lawyer and represent himself, the Supreme Court ruled. The court said that judges could “take realistic account of the particular defendant’s mental capacities” and, in the interest of achieving a fair trial, deny the constitutional right to self-representation that criminal defendants ordinarily enjoy. The 7-to-2 decision overturned a ruling by the Indiana Supreme Court that had found that a schizophrenic man was entitled to a new trial on a charge of attempted murder because the trial judge had improperly denied his request to represent himself. The defendant, Ahmad Edwards, who was sometimes quite coherent and at other times decidedly not so, had differed with his lawyer over defense strategy. He wanted to argue self-defense, while his lawyer wanted to present a defense based on lack of intent. Mr. Edwards had fired a gun at a department store security officer after trying to steal a pair of shoes. He was found competent to stand trial after two psychiatric hospitalizations over three years after the shooting. A landmark Supreme Court decision in 1975, Faretta v. California, established the right to self-representation as a basic constitutional right.  Writing for the majority on Thursday, Justice Stephen G. Breyer said the question in this case was answered neither by the Faretta decision, which did not involve a competency issue, nor by a subsequent decision that permitted a mentally ill defendant to waive the right to counsel and plead guilty. Conducting a defense at trial without a lawyer’s help requires a higher degree of competence, Justice Breyer said.

Please click on the link below to read the New York Times article:

http://www.nytimes.com/2008/06/20/washington/20legal.html?_r=1&ref=health&oref=slogin

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Jupiter Medical Center said it has a bought an image-guided radiotherapy (IGRT) and radiosurgery (IGRS) system for treating cancer and neurological lesions. The hospital paid $3.1 million for the Trilogy, from Varian Medical Systems. JMC said that the system delivers conventional forms of radiation therapy faster and more accurately than other procedures, can be used for stereotactic approaches to treat very small lesions and early metastases with a high dose of radiation quickly ands compensate for any movements a patient might make during treatment. “Better diagnostic tools are making it possible for us to see tumors much earlier, when they’re still very small, so stereotactic radiotherapies are likely to play a much larger role in the future of cancer care,” said Dr. David Herold, JMC’s medical director of radiation oncology in a news release. “Trilogy will enable us to treat patients with the most advanced radiotherapy techniques, using the most clinically efficient processes in the world. It provides us with tremendous versatility and precision for customizing treatments according to the specifics of each patient’s case.”

Please click on the link below to read the South Florida Business Journal article:

http://www.bizjournals.com/southflorida/stories/2008/06/16/daily16.html?f=et81&ana=e_du

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

Health insurance and rising medical costs are stars of the political stage this election season, yet a potentially larger crisis looms: a shortage of primary care physicians. Some doctors use terms such as “collapse” and “disaster” in talking about the state of primary care during the next decade. They say the issue will likely force lawmakers to radically rethink how health care dollars are spent. Primary care doctors - generally pediatricians, internal medicine doctors and the traditional family physician - are considered the front line of health care, especially for chronic diseases and preventive care. A shortage could translate into costlier and less-efficient health care. The reality is, there are not enough primary care doctors to see everyone now. Already, some patients, such as those enrolled in Medicare or Medicaid or living in rural areas, are struggling to find a doctor willing to see them. By one account, the Pikes Peak region is short about 20 primary care physicians and will be short at least 10 more in the coming years. The figures come from a study done this year by Penrose-St. Francis Health Services, and they’re likely understated, said Dr. Jeff Oram-Smith, chief medical officer for Penrose-St. Francis Health Services. Not every doctor on the rolls, for example, is regularly seeing patients.

Please click on the link below to read The Gazette article:

http://www.gazette.com/articles/care_37332___article.html/likely_physicians.html

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

An Arizona appellate court ruling says a state law on medical malpractice lawsuits is unconstitutional. At issue is a law that sets qualifications required for expert witnesses in medical malpractice cases. A three-judge panel of the state Court of Appeals says the law is unconstitutional because it violates the doctrine of separation between the branches of government. The ruling Tuesday came in a Maricopa County case in which a trial judge dismissed a malpractice suit after ruling that a doctor that the plaintiff wanted to use as an expert witness was not qualified under the state law.

Please click on the link below to read the Arizona Daily Star article:

http://www.azstarnet.com/sn/hourlyupdate/244148.php

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

More patients across the state are filing complaints against doctors than in years past, and doctors are starting to feel unfairly targeted, officials and physicians said during meetings with the Texas Medical Board this week. “Doctors have said that their perception of the medical board has changed dramatically … now, they’re afraid to get letters from the board,” said Dr. Maria Dill, medical director of the South Texas Health Care System, a state-funded clinic in Harlingen. “And the only newsletter we get from the board lists doctors’ mistakes.” The medical board, which licenses doctors and regulates medical practice in Texas, is holding a series of town-hall meetings and licensing seminars in Texas throughout June and July. Board representatives were in Brownsville to meet with doctors and the public. “It’s the first time we’re doing this across the state,” said Dr. Manuel Guajardo, a Brownsville obstetrician-gynecologist and board member. “We’re here for your concerns and questions.” After the Texas Legislature gave the board additional funds for enforcement in 2005, as well as handing down a mandate to better police the medical profession, the board has stepped up its investigations. By the end of fiscal year 2007, the board was investigating 1,300 cases and had opened about 2,600 more, compared to 694 investigations and 1,900 open cases in 2004, according to TMB’s Web site.

Please click on the link below to read the Brownsville Herald article:

http://www.brownsvilleherald.com/news/doctors_87579___article.html/meetings_texas.html

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.

For the first time, U.S. life expectancy has surpassed 78 years, the government reported Wednesday. The increase is due mainly to falling mortality rates in almost all the leading causes of death, federal health officials said. The average life expectancy for babies born in 2006 was about four months greater than for children born in 2005. However, the United States continues to lag behind about 30 other countries in estimated life span, according to World Health Organization data. Japan is No. 1 on the list, with a life expectancy of 83 for children born in 2006. Switzerland and Australia were also near the top of the list. ”The international comparisons are not that appealing, but we may be in the process of catching up,” said Samuel Preston, a University of Pennsylvania demographer. He is co-chair of a National Research Council panel looking at why America’s life expectancy is lower than other nations’. The new U.S. data, released Wednesday, come from the National Center for Health Statistics. It’s a preliminary report of 2006 numbers, based on data from more than 95 percent of the death certificates collected that year. Life expectancy is the period a child born in 2006 is expected to live, assuming the mortality trends observed in that year stay constant. The 2006 increase is due mainly to falling mortality rates for nine of the 15 leading causes of death, including heart disease, cancer, accidents and diabetes.

Please click on the link below to read the New York Times article:

http://www.nytimes.com/aponline/health/AP-MED-Life-Expectancy.html?_r=2&ref=health&oref=slogin&oref=slogin

For more information on defending medical malpractice and nursing home matters in Florida contact Howard Citron at The Citron Law Firm, P.A. - www.citronlegal.com.