Articles Posted in Medical Malpractice

An East Syracuse ear, nose and throat doctor (otolaryngologist) was recently fined $20,000.00 by the State of New York for injecting twelve patients with with unapproved Botox (botulinum neurotoxin). In the “pure” form approved by the United States Food and Drug Administration, Botox is used as an anti-wrinkle treatment. However, the drug used by Douglas W. Halliday, M.D., was not approved by the FDA. Rather, it was labeled “For Research Purposes Only – Not For Human Use.”

In addition, the State of New York placed Douglas W. Halliday, M.D., on probation for three years. The New York State Board of Professional Misconduct charged Dr. Halliday with ten (10) counts of professional misconduct, including: (i) gross negligence, (ii) gross incompetence, (iii) negligence on more than one occasion, and (iv)gross incompetence on more than one occasion.
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SUNY Upstate Medical University recently announced that it will now offer training to physician assistants in order to meet demands for primary care doctors throughout Upstate, Central, and Northern New York. The Upstate program is unique in that it will train physician assistants in classes combined with medical students.

Recent studies suggest that there is a shortage of primary care physicians in Central and Northern New York. The doctors who do practice in Central and Northern New York are frequently overworked and often are unable to meet the needs of a region, especially in rural areas that have a low physician-to-population ratio. Where there are many potential patients and few primary care physicians, the risk for medical malpractice is high. Physician assistants can help to reduce the chance of medical mistakes, such as a failure to diagnose a heart attack, failure to diagnose a stroke, or failure to diagnose cancer.

A physician assistant (PA) is a medical professional who is licensed by the State of New York to practice medicine under the supervision of a licensed doctor. A PA is permitted to conduct a physical examination, diagnose and treat illnesses, refer a patient to a specialist, order and read tests, assist with surgery and write prescriptions for medications.
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Oswego County Opportunities recently began assisting Oswego, New York residents with arrangements for screening for cancers and related appointments, including mammograms, breast exams, PAP smears, and cervical cancer screenings. During colon cancer awareness month, free colon cancer screening kits will also be distributed.

According to the American Cancer Society, colon cancer is the number two cause of cancer death for men and women. As many as one-half of those deaths could be avoided with proper cancer screening.
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Oswego Health’s Urgent Care Center (“Center”) opens on the heels of the closing of A.L. Lee Memorial Hospital. The Center, located in Fulton, operates in the old A.L. Lee Memorial Hospital building.

The Center does not treat major health problems such as chest pain, shortness of breath, or stroke-type symptoms. Patients with severe complaints should present to Oswego Hospital. The Center is designed to treat cuts or wounds requiring stitches, sprains, strains, deep bruises, mild to moderate asthma attacks, ear infections, upper respiratory infections, coughs, congestion, diarrhea, sore throats, insect bites and rashes.

As compared to area emergency rooms, the Center promises shorter wait times and less expensive medical care.
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According to the Watertown Daily Times, in early May of 2009 Massena Memorial Hospital, located in Massena, New York, will open two updated maternity units. Massena Memorial Hospital is located approximately 2 hours northeast of Watertown, New York, and just over 1 hour northeast of Alexandria Bay, New York.

The new maternity unit includes four new maternity rooms. At the present time, two of the four rooms are in operation. The new maternity rooms will enable pregnant mothers to remain in the same room from admission through labor, birth, recovery and until discharge. The hospital will no longer have to move mothers from room-to-room depending upon the stage of labor, which should reduce the possibility for harm to the mother or unborn baby due to a labor complication occurring during transfer and, in turn, decrease the possibility of medical malpractice and birth injuries.

In the new unit, a baby will stay in the same room with the mother unless the baby needs special attention. Equipment necessary to care for a newborn is cleverly hidden in the rooms behind cabinets. The rooms have been decorated like hotel rooms, which should make for a more pleasant hospital stay.
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The New York State Department of Health recently designated Faxton-St. Luke’s Healthcare as one of New York State’s 115 “Primary Stroke Centers” and the only stroke center in the Mohawk Valley.

A stroke is a medical emergency that is as serious as a heart attack. As many as 2,000,000 brain cells die every second that a stroke goes undiagnosed. Lost brain cells equal lost body function. The best treatment for a stroke is the administration of t-PA (tissue plasminogen activator) within three hours of the stroke. Where a stroke is not treated within three hours of onset – whether because a patient does not go to the emergency department or because a patient’s symptoms are not diagnosed by a doctor – options to limit stroke damage are more limited’

Faxton-St. Luke’s Healthcare was awarded the Stroke Center designation because the hospital met NYSDOH standards, including the appropriate equipment, trained nurses and physicians, and procedures in place to diagnose individuals with stroke signs and symptoms within 60 minutes of presentation to the emergency department.

April is nurse practitioner month in the State of New York. A nurse practitioner is a nurse with a Master’s Degree, who can associate with a doctor an provide primary medical care, including the prescription of medications. Nurse Practitioners are an invaluable resource to the medical profession, as they permit family medicine physicians to provide medical care to more of the Central New York population, and decrease instances of medical malpractice.

At the present time, a New York nurse practitioner must “collaborate” with a physician. A bill currently before the New York State legislature would enable nearly 13,00 New York nurse practitioners to practice without a “collaborating physician.” In 14 other states around the county, collaboration between a nurse practitioner and a doctor is not required.

While independently operating nurse practitioners will increase access to medical care, the absence of supervision by and/or collaboration with a physician may also lead to an increase in medical malpractice, such as misdiagnosis and failures to diagnose.
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According to Cathy Barry, M.D., an obstetrician/gynecologist (OBGYN), of Cathy J. Barry, M.D., & Associates, in Syracuse, New York, pregnancy causes expected and unexpected changes to a woman’s body.

Most of the changes are due to hormones. More unusual changes include feet that grow or flatten during pregnancy, as well as swelling and weight gain. Swelling and excessive weight gain may also be a sign of preeclampsia or gestational diabetes which, if left undiagnosed due to medical malpractice, can cause severe and permanent injury to a pregnant mother.

Other unusual changes include skin tags, or the growth of new polyps of skin in areas where skin rubs against skin, or where skin rubs against clothing. Skin tags are not moles. Moles that develop during pregnancy should be evaluated by a doctor as they could be melanoma which, if left undiagnosed due to medical malpractice, could lead to metastatic cancer and death.

Further unusual changes include stuffy, bloody or bigger noses, dark spots on a woman’s face, vision changes, and forgetfulness (“pregnancy amnesia” or “baby brain”). Cravings are also common; however, not to eat food but, instead, to eat things like laundry detergent, dryer sheets and clay. Unusual cravings may be a sign of missing essential nutrients, such as iron, and should be discussed with a doctor to prevent harm to you or your unborn baby.

According to Dr. Barry, “[i]f you have a change and you’re not sure if its good or bad, you should always call your doctor.”
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University Hospital, located in Syracuse, New York, recently announced that it will soon begin using the Calypso cancer treatment system to aid in cancer treatment. Calypso works by locating electromagnetic chips implanted before treatment, which enables more accurate and precise radiation and limits damage to surrounding tissue and organs. Calypso was designed initially for the treatment of prostate cancer, but it may also be used to treatment of other cancers involving moving organs.
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The New York Times recently reported that University Hospital “is not a good hospital.” We disagree. Medical mistakes happen, and do not make a hospital “good” or “bad.” According to the article, in 2006, patients at University Hospital were three times more likely to develop infections when compared to the average New York State hospital.

The complete New York Times article can be found here.
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