Counterfeit Prescription Drugs in the United States

Risking harm to their patients, health care providers sometimes purchase and prescribe unapproved medications manufactured by foreign drug companies. This April, the U.S. Food and Drug Administration (FDA) issued a warning to medical practices in the United States regarding an unapproved cancer medication called Altuzan. Not only is the drug unapproved in the United States, but the fake product has no active ingredient, which means that patients treated with the counterfeit drug many not be receiving needed therapy.
This month's FDA warning is only the most recent regarding fake Altuzan. In February, the Administration issued its first warning, which explained that counterfeit Altuzan does not contain the medicine's active ingredient, bevacizumab. The medical practices that purchased the unapproved drug, and potentially counterfeit Avastin, did so from Quality Specialty Products, also known as Montana Health Care Solutions, a foreign supplier with medicines distributed by Volunteer Distribution in Tennessee. The counterfeit version is labeled as Avastin, the approved form of the drug in the United States.
In its warnings to health care providers, the FDA stresses that "medical practices that purchase and administer illegal and unapproved foreign medications are putting patients at risk of exposure to drugs that may be fake, contaminated, improperly stored and transported, ineffective, and dangerous. Illegal drugs purchased from foreign sources may not be genuine or meet appropriate quality, safety, and efficacy standards, putting patients at risk and depriving them of proper treatment."
The FDA also notes that none of the unapproved cancer medications received by health care providers from Volunteer Distribution are in shortage in the United States, and that approved versions of the medicines are available in adequate supply to meet current demand. This means that medical practices purchasing the unapproved drugs were likely doing so only to save money.
If a medical provider knowingly treats a patient with an unapproved drug, he or she may be held liable for resulting damages to the patient. A physician or pharmacist may also be responsible for administering a counterfeit drug if he or she should have known it was fake or unapproved. If a wholesaler brought the drug into the United States, the wholesale company may also be liable to injured patients.

Experienced Colorado Medical Malpractice Lawyers

If you have a prescription drug concern in Colorado, contact the medical malpractice attorneys at Paulsen & Armitage, LLC in Denver. During a free initial consultation, we can help you determine if a medical provider has made an actionable oversight or error in your treatment.

Medical Malpractice Liability for Referrals: It Cuts Both Ways

When most people think of medical malpractice, they likely imagine a botched surgery, a missed diagnosis, or a prescription error directly caused by the treating medical provider's oversight or mistake. In some cases, however, doctors, physicians, and/or hospitals may be liable for patient injuries related to a decision to suggest, or not suggest, another form of treatment or another health care specialist. As we'll explain, this presents somewhat of a catch-22 for medical professionals and patients.

To Refer or Not to Refer, That Is the Question

In the modern medical age, the forms of treatment available to patients are often numerous and varying. Both conventional and alternative therapies may exist to treat the same condition, but patients may not always benefit from all treatments available to them. In some situations, physicians may be concerned about their own exposure to liability if they refer patients for alternative treatments, such as chiropractic therapy or massage therapy. Likewise, a doctor may not suggest a novel medical treatment for fear of liability if the treatment presents unknown risks or side effects to the patient.

At the same time, health care providers are often correct to be cautious, for they could indirectly harm a patient by unknowingly referring him or her to an incompetent health provider, or by failing to accurately evaluate the safety and/or efficacy of a procedure or treatment. If a physician does not fully explain the suggested therapy, he or she could also be liable for not providing adequate informed consent. In some situations, the doctor may not fully understand the proposed treatment him or herself.

Patients deserve to receive the best care possible from health care providers and treatment facilities, and medical professionals should not be more concerned with avoiding a medical malpractice lawsuit than providing the highest level of care to their patients. If health care professionals stay abreast of advancements in their industry and the work of their colleagues, patients are less likely to be the victims of inferior or shortsighted treatment.

Experienced Colorado Medical Malpractice Attorneys

Claims based on the failure to make a referral or negligence in making a referral are complex, and require the advice and counsel of an experienced medical malpractice attorney. If you believe that a Colorado health care provider's negligence or oversight compromised the medical treatment received by you or a loved one, please contact the medical malpractice attorneys at Paulsen & Armitage, LLC in Denver. During a free initial consultation, we can discuss your rights and legal options.

Colorado's Medical Transparency Act

When people find themselves in the difficult and stressful situation of choosing a doctor, surgeon, or other health care provider to perform a major procedure or treatment, they likely conduct some research to ensure they are making the right choice, but much comes down to basic trust in the medical profession. While a high level of trust is necessary to feel at ease in another's care, a lot can be discovered about a health care provider's experience and credentials because of laws requiring medical professionals to publicly disclose background information.

In 2007, Colorado passed one of the first and most patient-oriented transparency acts in the country, requiring doctors to make public a broad range of information, including information that had been considered confidential like hospital privilege restrictions and medical malpractice settlements. The legislation arose from the tragic case of Michael Skolnik, who died after undergoing brain surgery. The surgeon had recently relocated to Colorado from Georgia after losing a medical malpractice suit based on the same surgery. The Georgia incident was not reported on his record in Colorado.

Under the "Michael Skolnik Medical Transparency Act," when Colorado health care providers apply for or renew a license, they must provide the following information:

• Any public disciplinary action taken against the applicant by any other state or country


• Any agreement whereby the applicant temporarily ceased or restricted practice


• Any involuntary limitation on the applicant's privilege to practice at a hospital or clinic


• Any involuntary surrender of the applicant's registration with the Drug Enforcement Administration


• Any final criminal conviction or plea arrangement connected to a felony or crime of moral turpitude in any state or country


• Any final judgment, settlement, or arbitration award for medical malpractice

The scope of the Skolnik Act was expanded in 2010 (legislation that went into effect in the second half of 2011) to include not only medical doctors, but also most licensed or registered health care providers, including podiatrists, chiropractors, dentists, midwives, nurses, physical therapists, psychologists, social workers, and family therapists, among others.

With health care providers under significant pressure to serve numerous patients as quickly and economically as possible, medical malpractice can result from oversights, mistakes, or incompetence. It is important to know if your doctor has a clean, or questionable, track record.

Colorado Medical Malpractice Attorneys

If you believe that you or a loved one has been the victim of medical malpractice in Colorado, please contact the attorneys at Paulsen & Armitage, LLC in Denver for a free and informative consultation.

Communication Failures among Health Care Professionals May Constitute Medical Malpractice

As reported last month by MSNBC, a communication breakdown between a doctor and a testing laboratory resulted in a one-year delayed cancer diagnosis for a woman in Virginia Beach, Virginia. When she didn't hear anything from her gynecologist after an annual exam and mammogram, Peggy Kidwell assumed she was in good health. However, when she went back the next year for her exam, her doctor did not have record of her mammogram screening results from the prior check-up. When the tests were finally located (on the desk of another doctor), it was discovered that Ms. Kidwell had undiagnosed breast cancer.

By the time Ms. Kidwell underwent treatment, the cancer had spread to her chest wall. She had a lumpectomy, chemotherapy, radiation, and eventually a mastectomy. Ms. Kidwell filed a medical malpractice lawsuit in a case that was eventually settled and sealed, but we may conjecture that her claim was at least partially based on her doctor's failure to follow up on the mammogram by reaching out to her or to the lab.

Examples of Communication Failures in the Health Care Profession

According to the U.S. Department of Health & Human Services, communication problems are the most common cause of medical errors, as miscommunication can result in many different types of errors and involve any and all members of a health care team. The following scenarios all represent failures in communication:

Miscommunication within an office practice

Failure to pass information along to health care providers working different shifts

Lack of communication between primary care physicians and emergency room personnel

Lack of communication between physicians and ancillary services, such as pharmacies, laboratories, and imaging centers

Lack of communication between patient services in hospitals and nursing homes

Poorly documented or lost information on laboratory results, diagnostic testing, or medication information

Failure to provide patients with adequate information or resources to help in the recovery process

When critical information is not properly communicated among health care providers, a patient is vulnerable to misdiagnosis, delayed diagnosis, medication errors, and even surgical mistakes, ranging from scheduling conflicts to operating on a wrong body part. In a recent study published by the American College of Radiology (ACR), researchers found that "test result communication failures account for an increasing proportion of medical malpractice awards."

Experienced Medical Malpractice Lawyers

If you suspect that you or a loved one received inferior medical treatment and suffered harm due to a communication error, mistake, or oversight made by a doctor, nurse, clinician, hospital, or other health care provider, contact Paulsen & Armitage, LLC. We are experienced medical malpractice attorneys based in Denver, Colorado.

Is Wisdom Tooth Removal Surgery an Unnecessary Risk?

In recent weeks, several news sources have reported the death of a 17-year-old Maryland girl who died from hypoxia (oxygen deprivation) during a routine wisdom teeth extraction. Her parents filed a medical malpractice lawsuit this month, which brought the case to the attention of consumers, media, and dental industry professionals. The tragedy has caused many to question the necessity of wisdom teeth removal, an elective surgery that may lead to serious health consequences with no significant health benefit.

Girl's Death Gives Rise to Bigger Questions for the Dental Industry

In April, Jenny Olenick was to have her wisdom teeth removed, a surgery undergone by five million teens and adults each year. However, the procedure went fatally wrong when her heart rate slowed to a "panic level" and she began losing oxygen after being anesthetized. Her parents' malpractice lawsuit alleges that the dentist and anesthesiologist were negligent in monitoring Ms. Olenick's breathing and oxygenation and in failing to resuscitate her once her heart rate and oxygen level dropped.

Ms. Olenick's tragedy has prompted many people to wonder why dentists almost unanimously encourage wisdom teeth removal when the teeth have not actually caused any problems for the individual, but the surgery poses real risks.

The American Association of Oral and Maxillofacial Surgeons strongly recommends that young adults have their wisdom teeth removed to "prevent future problems and to ensure optimal healing." But some dentists claim the science support prophylactic extraction is thin, and that profit is the real reason so many wisdom teeth removals are performed. As reported by Huffpost Healthy Living, dental consultant Jay Friedman wrote in the American Journal of Public Health, "Third-molar surgery is a multibillion-dollar industry that generates significant income for the dental profession. It is driven by misinformation and myths that have been exposed before but that continue to be promulgated by the profession."

According to the report, American dentists and oral surgeons pull 10 million wisdom teeth every year, an effort that costs more than $3 billion and leads to 11 million days of postoperative discomfort. Mr. Friedman goes on to say "At least two thirds of these extractions, associated costs, and injuries are unnecessary, constituting a silent epidemic of [physician-induced] injury that afflicts tens of thousands of people with lifelong discomfort and disability."

The dangers associated with wisdom teeth removal will likely receive even more attention in the coming months. ABC News affiliate WSBTV has reported that 14-year-old Ben Ellis of Gilmer County, Georgia was found dead on December 8 after undergoing wisdom tooth surgery the day before. His case is still under investigation.

Experienced Medical Malpractice Lawyers

If you ever believe that your health or the health of a loved one was compromised by incompetence or negligence on the part of a dentist, doctor, nurse, hospital, or other health care professional, contact Paulsen & Armitage, LLC in Denver for a free consultation with an experienced Colorado medical malpractice attorney.

Cerebral Palsy Resulting From a Health Care Professional's Mistake or Negligence

Each year, approximately 10,000 babies are affected by cerebral palsy. During the early months of life, parents may notice their child's inability to hold up his or her head, or the child may have stiff legs that cross when he or she is picked up. From six to 12 months of age, there are other warning signs that something may be wrong, such as the child will only reach with one hand while the other remains clinched, the child crawls abnormally using only one side of the body, or the child is unable to crawl or stand on their own. Despite these red flags, cerebral palsy is generally not diagnosed until the child is two to three years of age.

The affects of cerebral palsy vary from individual to individual, but most people with cerebral palsy have difficulty controlling their movements. Some individuals also experience seizures and mental retardation, while others have normal intellect.

Cerebral Palsy Resulting from Birth Asphyxia

In some cases, cerebral palsy is the result of natural processes, such as maternal infections, blood disorders, or severe jaundice. These are all processes that can occur naturally and may not be preventable. Other cases, however, may be the result of medical malpractice. While some reports indicate that a lack of oxygen to the fetus is only responsible for a small number of cerebral palsy cases, birth asphyxia is cited as a known cause of cerebral palsy in children. Birth asphyxia may occur when emergencies arise during labor and delivery for which the physicians and nurses do not respond in an appropriate or timely manner, causing injury and oxygen deprivation.

In the case that a doctor's mistakes or negligence caused a child to be deprived of oxygen before, during, or after birth, cerebral palsy is a devastating result. The child faces a lifetime of physical and/or mental limitations that could have been prevented if appropriate medical treatment had been administered. Not only is the child's quality of life impacted and his or her future compromised, but the financial burden to the family and caretakers of children affected by cerebral palsy can be overwhelming. It has been estimated that the lifetime cost of caring for children with cerebral palsy is approximately $500,000.

Seek Experienced, Compassionate Representation

Parents of children born with cerebral palsy should be aware that their child's condition may be the result of medical malpractice. If you believe that a health care provider caused your child's birth injury, please contact the Law Offices of Paulsen & Armitage for a free initial consultation.

Selecting a Doctor

The Colorado medical malpractice lawyers at Paulsen & Armitage, LLC know that most medical mistakes are avoidable, and that most mistakes are the result of negligence, carelessness, or incompetence on the part of the doctor or other medical professional. While not all mistakes are avoidable, it is essential that you choose a doctor who is not only competent to treat you but exercises the proper level of care when doing so. How do you know if you are choosing the right doctor? The following article provides some tips and suggestions that may help you find a good doctor that is right for you.

Interview Your Potential Doctor

When selecting a doctor, you are basically hiring a professional to provide you with a service, only in this case the service is very personal and very important. Whether you are finding a doctor from the internet, one from a list of providers in your HMO or PPO network, or based on a referral from a friend, take the time to meet with the doctor before committing to a long-term relationship. After you have conducted some basic research, schedule a brief consultation with the doctor. This can be done as part of a physical examination or as a separate visit, depending upon your comfort level and immediate needs.

To prepare for your visit, take some preliminary steps. You can search beforehand to determine if the doctor is currently licensed or has ever been subject to discipline. You will also want to check your insurance policy, and draw up a list of questions to bring to the visit. These steps are described in more detail below.

Research the Doctor’s Licensing and Discipline History

You will want to know whether your doctor:

• is currently licensed, and how long the doctor has been licensed


• has any disciplinary charges (accusations) pending before the Board


• has any history of past disciplinary action


• has any criminal convictions relevant to the doctor's professional practice or ethical conduct


• has any malpractice judgments entered against him or her

The Colorado Medical Board licenses and disciplines all medical doctors in the state, and their website can provide you with public-record information on Colorado-licensed physicians. With a simple internet search through the Automated Licensure Information System (ALISON), you can find out if a doctor's license is current and renewed, and whether any Board or administrative-related actions have been taken against the doctor.

We hope this information is helpful to you. If you ever believe that your health was compromised by incompetence or negligence on the part of a doctor, nurse, hospital, or other health care professional, c for a free consultation with an experienced Colorado medical malpractice attorney.