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If Flat Irons Have Warranties Shouldn’t Medical Devices?

GM has been in the news a lot lately for defects in ignition switches and other parts. Defects in cars are covered by a strict liability theory in products liability cases. But while GM sat on the knowledge of the problem with its ignition switches for almost 10 years, most car companies are smart enough to recall the car and replace the defective part or fix the defect. In so doing, they prevent unnecessary injury and lawsuits. The duty to warn of known defects is required by law, and it should be. GM could have replaced the defective 57¢ part with a part that cost 90¢ more.

Informed Consent Is Anything But Informed

Informed consent is a patient right, but the recent FDA warning against using laparoscopic morcellators in hysterectomies due to an increased risk of spreading uterine sarcoma suggests that informed consent is, more often than not, uninformed consent. Johnson & Johnson already had warnings available to physicians in its instructions about morcellators.

Nurses, Are You Waaaaaay Too Stressed Out?

As an RN, your day-to-day is loaded with commitments and responsibilities that the rest of the working world can only imagine. Pushing yourself to a breaking point day in and day out for your career is enough to make even the most energetic of nurses feel stressed out. Believe me, I’ve been there, done that, and have the unfortunate grey hair or two to prove it! Thanks to my hair stylist you’ll never see it. That’s why I’m launching this stress study – to get to the root of the nursing industry’s stress epidemic…and you can help! Scroll down to take the 12-question survey: Are You Way Too Stressed Out?

Happy Birthday Florence Nightingale!

For a woman who lived in the 1800’s Florence Nightingale was one tough cookie. Can you just imagine her bossing the doctors around? LOL! She lived in a time when, as she described, “society forbids a woman to live in the light of intellect.” Yet live in the light is exactly what she did because she never gave or took any excuse.

5-12-14-Florence_Nightingale

 “I attribute my success to this – I never gave or took any excuse.”

Florence Nightingale

Are you letting excuses (yours or another’s) get in the way of your legal nurse consulting business?

I’m Just Askin’

P.S. Comment and share your favorite Florence Nightingale quotes.

Power Morcellator Cases – A New Area of Litigation for Certified Legal Nurse Consultants

On April 17, 2014 the FDA issued a warning to MDs against using laparoscopic morcellators in hysterectomies due to an increased risk of spreading uterine sarcoma. While the FDA did not issue an outright ban of the use of power morcellators, some hospitals have already elected to stop using these devices.

According to Reuters, Johnson & Johnson (J&J), the largest maker of these devices, suspended sales of the morcellator device. Note: J&J has not recalled these devices. The Wall Street Journal reported that J&J wrote in a letter to customers that it is waiting for the FDA and medical community to further clarify the role of morcellation.

At least one lawsuit has already been filed against medical device manufacturers for the death of a 53-year-old woman who allegedly died of metastatic myelosarcoma following a hysterectomy with uterine morcellation. I have also started seeing advertisements by law firms seeking potential plaintiffs for morcellator lawsuits.

In that lawsuit, filed on March 14, 2014 (before the FDA’s warning) there are 27 allegations of negligence against the defendant manufacturers. The following are some of the allegations:

  1. Failing to conduct adequate and appropriate testing of minimally invasive gynecologic products,

CLNC® Alert: Article Reveals Autopsies Are Dying

All Certified Legal Nurse Consultants know that an autopsy can help to prove or disprove causation in a medical malpractice case. In fact, some plaintiff attorneys will not pursue a case without one. It’s the plaintiff who has the burden of proof. Without an autopsy the defense can muddy the waters and come up with all kinds of creative explanations for the cause of death.

This article poses the question of whether autopsies are already dead. It also reveals the shocking reality of just how few non-forensic autopsies are performed in the U.S. Whether you’re consulting for the plaintiff or defense, this article is a must-read for CLNC consultants.

I’m Just Sayin’

P.S. Comment and share your thoughts on why so few autopsies are performed.

Get Involved with World Health Day

It’s World Health Day today and while you might not feel you’re empowered to cure vector-borne diseases, you are empowered to turn World Health Day into a day for you and your personal health. If you would like to get involved, start with breakfast. Any registered nurse will tell you that breakfast is the most important meal of the day. Why? Because it jump-starts your metabolism and refuels your body from your eight-hour overnight fast (break fast – get it?). What we eat for breakfast also sets the tone for the rest of the day. For example, bad choices can dull our mind and set us up for unhealthy food cravings, all of which adversely impact your productivity as a Certified Legal Nurse Consultant.

Tom jokes with me that I like dinner for breakfast and that’s true. I’ve been known to eat chicken and veggies for breakfast. I love eggs – just not every morning. I think the French and Italians get it right. My favorite breakfasts are European-style with plenty of fresh fruits, meats, cheeses and plenty of olive oil.

Airports are challenging, which is exactly where I found myself yesterday flying to the Orlando CLNC® ertification Seminar.

Just Surviving as an RN Ain’t Going to Cut It

When I worked at my RN jobs in hospitals I got my hand slapped more than a few times. These incidents had nothing to do with breaching the standard of care or doing my nursing job. Instead, I was slapped down for being too mouthy and opinionated about patient rights and about doing the right thing for my patients. I felt like one of those moles in a whack-a-mole game. Every time I stuck my head up for a patient – you guessed it.

The Future

The Future of the Nursing Industry

Healthcare inflation is on ice for the first time in years. Technology may well be the answer to keeping healthcare inflation under control permanently. Despite the fact that nursing has come late to the party, the future of the nursing industry is technology. The baby boomers will soon be exiting en masse and opening the door to a generation of young RN graduates who view technology not as something new, but as an extension of themselves.

*The opinions and statements made by Vickie Milazzo, the founder of Medical-Legal Consulting Institute, Inc. are based on her experiences and expertise, should not be applied beyond the specific context provided, and do not guaranty or project actual results. Vickie Milazzo is no longer involved in the operations or management of the business, but is involved as an independent education consultant.

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