Challenging the FDA and Drug Industry

Many in today's society are quickly realizing that just because the Federal Drug Administration approved a drug, doesn't mean that it's safe. An example of this is actor Dennis Quaid, who nearly lost his newborn twins when they were given an excessive dosage of Heparin. While the labels of the two bottles look nearly identical, the dosage that the Quaid twins received was 1,000 times larger than the amount they should have consumed. Although the company warned hospitals and requested label changes, they didn't take the drug off of the market.

According to Healthgrades, almost 250,000 patients studied between 2003 and 2005 died from potentially preventable problem dealing with improper medication use. The Institute of Medicine approximates that 1.5 million patients suffer the consequences of medication mistakes.

Despite these dangerous errors, the Bush Administration has attempted to pass a bill of goods to the courts, under the grounds that states don't have the right to hold a company accountable for selling a product that has been approved by the federal government. This, many medical experts agree, would be a grave mistake and ultimately would harm drug safety.

An important case to cite is that of Vioxx. In this example, Vioxx was approved by the FDA in 1998, even though it could potentially cause heart attack, stroke, or other severe cardiovascular problems. This is a great example of why the court system is so important. Medical experts remind us that it is absolutely paramount that a drug be constantly monitored during the post-marketing period, as it is possible that new serious safety issues may arise only after a drug has entered the market.

Mistakes in the practice of medicine, especially dealing with medication, are often life-changing and sometimes irreversible. As we handle a considerable number of medical malpractice cases each year, the Law Offices of Samuel I. Bernstein urges you to find an experienced lawyer who will fight on your behalf.

Medical Malpractice - How to Protect Yourself

According to a recent report from the American Institute of Medicine, medical mistakes kill as many as 98,000 people every year and up to 7,000 patients die from errors in prescribing medicine. This far exceeds the annual number of people killed as a result of traffic accidents (43,450), breast cancer (42,300), or AIDS (16,400).

Even if a medical mistake is not fatal, it can cause severe, permanent damage, such as brain injury, paralysis, amputation, disability, or disfigurement. Medical malpractice is about far more than dollars or statistics. The errors take a terrible toll on the lives of innocent victims.

Medical malpractice occurs when a doctor fails to act with a reasonable standard of care. When someone who is not a doctor makes a mistake, he or she is often said to have acted negligently. Malpractice is simply negligence applied to health care professionals. Tragically, a doctor's mistake can have severe -- or even deadly -- consequences for a patient.

Despite the problems in the medical system, the vast majority of physicians are very competent and dedicated to protecting your health and well-being.

Of course, the best possible situation is avoiding medical mistakes entirely. You can take several steps to help your doctors improve the quality of your medical treatment. What follows is a list of some important steps you can take, and questions you can ask. We hope these guidelines provide a starting point for you to approach decisions about your medical treatment:

• Participate in your care. Do not be afraid to ask your doctor questions. Ask what alternative treatments are available. Remember: You have a right to get answers -- in terms that you can understand.

• Do not be afraid to ask for a second opinion.

• Let your doctor know about any allergies you have to medications or other substances.

• Let your doctor know all the medicines you current take or took in the past. This may prevent harmful interactions. You should provide this same information to your pharmacist.

• When a doctor writes a prescription, do not be afraid to make sure that his or her handwriting is clear and easy for your pharmacist to read.

• Ask what side effects to expect from a medicine or a procedure. Also, ask what side effects are serious and require you to seek further medical care.

• When undergoing a procedure that requires hospitalization, ask around for the best health care facility that provides the care you need. Check the track record of the facility with the state government regulatory agency.

• Do not be afraid to ask your physician or others in a hospital if they have washed their hands. Many dangerous infections are spread by a lack of sanitation.

• If you are having surgery, make certain that your surgeon and your family physician are in agreement regarding the course of treatment.

• In addition, do not assume that the surgeon who checks you before a procedure will be the one who actually performs it. Ask for the name of the surgeon who will be doing the procedure and find out whether he or she has satisfactory credentials.

• If you undergo a medical test and do not find out the results, do not be afraid to ask your doctor just what the test showed.

• Do not be afraid to speak up if you feel that something is wrong. Always voice your concerns about treatment.

• Get regular check-ups and follow the guidance of your family physician.

Protect your rights. If you or a loved one is the victim of medical malpractice, talk with an experienced medical malpractice lawyer.