Sabatini and Associates, LLC

We have been seeing and experiencing in our own medical and dental malpractice cases a disturbing trend.  Defendants are filing Motions to Dismiss malpractice lawsuits on the ground that the written opinion attached to the lawsuit does not comply with General Statutes Section 52-190a.  The statute requires that a plaintiff in filing a medical or dental malpractice lawsuit must attach to the lawsuit a copy of a written opinion authored by a similar health care provider stating that malpractice occured and as a result of the malpractice the plaintiff suffered injuries.  The identifying information of the author of the report is redcated when attached to the lawsuit.

Nothwithstanding the fact that Section 52-190a does not require that the author of the written opinion broadcast that he or she is a similar health care provider, defendants are routinely injecting such a requirement into the statue and using it as the basis for a Motion to Dismiss.  The case law is virtually unanimous in holding that the statute has no such requirement, thus the lawsuit cannot be dismissed for lack of subject matter jurisdiction. 

In one of our pending dental malpractice cases, the Court just rejected defendant’s argument that the written opinion was defective due to the fact that it did not state that the author of the opinion was a similar health care provider.  The motion to dismiss was denied.

Virtually everyone has heard of medical malpractice, but not many people are aware that dental malpractice can also occur and can be just as serious. Dentists can get malpractice insurance just as doctors can, although they can usually only get it through insurers who also write medical malpractice policies. Almost all dentists carry this insurance, and if you are a dentist’s patient and think that the dentist may have committed dental malpractice on you, please contact us to seek the advice of a dental malpractice lawyer.

During a two year period from 2004 to 2006 it was reported that over 188,000 lives were lost due to what is called a “failure to rescue”.  A failure to rescue occurs when a patient dies in a hospital from preventable complications due to hospital caregivers failing to recognize the patient is dying.  For the fifth straight year, an analysis of errors in the nation’s hospitals found that the most reported patient safety risk is a little-known but always-fatal problem called failure to rescue.  One measure that has been implemented by some hospitals to combat this problem is “Condition H”.  Patients are allowed, even encouraged, to speak up by activating Condition H, a code that summons immediate help. Patients call the same emergency number that doctors and nurses use.

It is thought that thousands of patients may be carrying the hepatitis C virus after they received medical care at a Las Vegas outpatient clinic over the last four years. A Clark County investigation has found the clinic was not using clean syringes for each patient anesthetized there. All six have been diagnosed with acute hepatitis C, a blood-borne infectious disease that infects the liver. Ensuing chronic hepatitis can result in cirrhosis and liver cancer. There is no vaccine against hepatitis C. Investigators have found patients received multiple shots using the same syringe from other patients, dipped back into the vials that allowed infection to spread. Five of the six hepatitis C victims had the procedure on the same day.

Anyone getting an injection from a multiple use vial needs to know how it can happen:

A clean syringe is used to draw sedative from a vial.

• It is then given to a patient previously infected with the hepatitis C virus (HCV). Backflow into the syringe contaminates it with HCV.
• The needle is replaced but the syringe is reused to draw additional sedative from the same vial for the same patient contaminating the vial with HCV.
• A clean needle and syringe are used for a second patient but the contaminated vial is reused. Subsequent patients are at risk for infection.

The Southern Nevada Health District has sent warnings to all patients who visited the clinic, the Endoscopy Center of Nevada. There is a chart in the warning showing the mode of infection.

The problems occurred March 2004 to last January. It is estimated about 40,000 patients visited the clinic.

Brian Labus, senior epidemiologist at the district says this is the way they did things at the clinic. It’s the way they have always done things he tells the New York Times.

The blood borne disease, hepatitis C can remain dormant with no symptoms for many years even while it causes damage to the body. However liver damage, jaundice and fatigue are the symptoms. The disease is generally transmitted by sharing contaminated syringes.

Unsafe infection control is a growing public health problem as a mode to transmit HIV and hepatitis.

Of particular concern are the multi-dose vials common in many medications and vaccines to keep costs down by reducing waste. They are also more likely to spread contamination than single-dose vials.

In New York last year, Dr. Harvey Finkelstein, an anesthesiologist in Nassau County, told health officials that he would reuse a syringe to draw medications for patients from more than one vial. Blood backed up on the used syringe could enter a multi-dose vial, potentially spreading infection when that vial was used again.

In that case, state health officials had to notify more than 600 patients to be tested for hepatitis C.

And in 2002, an outbreak of hepatitis C in a Norman, Oklahoma pain clinic found at least 52 people were infected after a nurse used the same needle and syringe to give drugs to many patients.

Three cases of hepatitis C were traced to a New York City anesthesiologist in 2007 who administered pain medication in the same way.

The CDC reports that healthcare providers or anyone administering injections should never reuse a needle or syringe either from one patient to another or to withdraw medicine from a vial. Both needle and syringe are to be thrown away once they have been used. It is not safe just to change the needle and reuse the syringe.

A multi-dose vial should always have medication withdrawn with a clean syringe and needle.

Whenever possible, CDC recommends that single-use vials be used and that multi-dose vials of medication be assigned to a single patient to reduce the risk of disease transmission.

The Connecticut�medical malpractice lawyers at�Sabatini and Associates, LLC provide quality legal representation to clients in Hartford, Connecticut, and surrounding cities including: West Hartford, Newington, New Britain, Avon, Canton, Wethersfield, Glastonbury, East Hartford, Norwich, Granby, Rocky Hill, Bristol, Manchester, East Hartford, Plainville, Berlin, Farmington, Windsor, South Windsor, Bloomfield, Enfield and counties including New Haven County, Tolland County, Hartford County, New London County, Litchfield County and Fairfield County.

Hartford Hospital, the state’s second-largest facility in terms of licensed beds, is on probation for a year after complaints arose about its emergency and operating rooms.  State officials discovered 28 complaints over a two-year period based on patient surveys.  The Department of Health found serious issues during the course of its investigation. There were a number of patient care issues on a system-wide basis ranging from psychiatric care, to emergency department care, to psychiatric issues, to infection control issues.  The hospital must take corrective actions or the probation will be extended.  Hartford Hopsital has issued an apology to patients and their families where patient care was inadequate.

The Connecticut medical malpractice lawyers at Sabatini and Associates, LLC provide quality legal representation to clients in Hartford, Connecticut, and surrounding cities including: West Hartford, Newington, New Britain, Avon, Canton, Wethersfield, Glastonbury, East Hartford, Norwich, Granby, Rocky Hill, Bristol, Manchester, East Hartford, Plainville, Berlin, Farmington, Windsor, South Windsor, Bloomfield, Enfield and counties including New Haven County, Tolland County, Hartford County, New London County, Litchfield County and Fairfield County.