Articles Tagged with “Medical Malpractice”

Recently the FDA issued a transvaginal mesh warning concerning the use of the medical device (also known as pelvic mesh, pelvic sling or bladder mesh) as a method to repair pelvic organ prolapse. The FDA warning stated that using transvaginal mesh to repair pelvic organ prolapse exposes patients to an “unnecessary risk” without providing any benefit above safer measures. Next week, the FDA will conduct hearings to determine whether stricter safety measures or a possible recall of the transvaginal mesh is necessary.

Problems from the medical device include pain, bleeding, infection, injury to nearby organ, and protrusion of the mesh through the vagina.

If you have undergone surgery for pelvic organ prolapse and surgeons used the pelvic mesh, it is important to consult with a transvaginal mesh attorney regarding your next steps.

According to an FDA representative, “There are clear risks associated with the transvaginal placement of mesh…The FDA is asking surgeons to carefully consider all other treatment options and to make sure that their patients are fully informed of potential complications from surgical mesh.” This warning came after the FDA received reports of 1503 adverse events from 2008 to 2010.
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Medical Malpractice reform has been receiving much attention recently with the introduction of H.R. 5, which seeks to impose national tort reforms measures, including the imposition of caps on non-economic damages as well as potentially taking away the right to trial by jury in some medical malpractice cases.

As New Mexico medical malpractice lawyers, we believe such measures often fail to address the real issue – patients safety. Study after study show that patients suffer significant harm and costs in hospitals due to adverse reactions from dangerous drugs, infections, surgical errors and unnecessary procedures. Rather than limiting victims’ access to justice, more focus must be placed on improving patient safety and ensuring that those responsible for causing harm be held accountable.

Recent examples include the DePuy Hip, now shown to leak dangerous chemicals into the bodies of recipients. Often, the only way to get companies to remove dangerous products from the marketplace and be compensated for the harm caused is through litigation. Capping our damages or limiting access to the court room will remove an important incentive to improving the safety of our health care.
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