Recently in Medical Category

Pennsylvania Courts On Medical Experts

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The Pennsylvania Commonwealth Court recently ruled that in workers' compensation cases, an expert's opinion could be held valid even if the expert did not personally examine a specific injury the worker suffered. In Stancell v. Workers' Compensation Appeal Board, the court affirmed a benefits termination petition after the employer's medical expert testified regarding the employee's ability to return to work.

The court's holding suggests that as long as testifying physicians have sufficient, credible information regarding a worker's recovery, findings on a specific injury (especially when multiple injuries are the basis for benefits) may not be necessary to support the physician's opinion.

Read more: 24-7pressrelease.com.
The defense brought their first medical expert to the stand on Tuesday in the trial of Paul Hill.  Hill is the Sioux City man charged with child endangerment resulting in the death of his 4-month-old daughter Tryniti Hill.  The defense called forensic neuropathology expert Dr. Jan who described the differences in the several hemorrhages found by medical examiners in Tryniti's brain during her autopsy.

When a hemorrhage occurs in the brain, Leestma says, "scavenger cells" take over to try and clean it up.  Leetsma says its difficult to say how long each have been there.  "Those cells can be present for years or longer they seem to get trapped there and that's the end," says Dr. Jan Leestma, forensic neuropathology consultant.  Leestma also says many people both adults and children, don't know they have hemorrhages right away.

For more, see ktv.com.


In Doctor's testimony on full recovery doesn't require physical exam, Risk & Insurance.com writes:

In Pennsylvania, a medical expert's opinion that a worker has fully recovered can be based on sufficient evidence even if the expert has not personally physical examined the worker.

Case name: Stancell v. Workers' Compensation Appeal Board (LKI Group, LLC), No. 1901 C.D. 2009 (Pa. Commw. Ct. 03/10/10).

Ruling: The Pennsylvania Commonwealth Court affirmed the grant of the employer's termination petition.

What it means: In Pennsylvania, an employer seeking to terminate benefits has the burden of presenting competent medical testimony that the worker has fully recovered. A medical expert's opinion that a worker has fully recovered can be based on sufficient evidence even if the expert has not personally physical examined the worker.

For more, see risk&insurance.com.


Medical Experts & Mercury In Vaccines

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Concerned parents presented their case before the federal vaccine court stating that the ingredient thimerosal, used in vaccines, is partly to blame for autism but the court issued a statement March 12th saying "an alleged causal link between autism and a mercury-containing preservative in vaccines is unpersuasive...." 

Parents presented medical expert witnesses who argued mercury can have a number of effects on the brain and certain biological processes, including abnormal metabolism in children. Though parents argued that the effects from mercury in vaccines differ from mercury’s known effects on the brain, they made little progress in their fight. Because of the federal vaccine court  ruling, the families appearing before the court aren't entitled to any compensation. 

For more, see examiner.com

Medical Expert On Hospital Infections Part 2

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An investigation by Consumer Reports paints an unflattering picture of U.S. hospitals when it comes to their rate of patient infection and public accountability.  In its March issue, the magazine reports 30,000 patients die each year because of blood infections they contract while connected to central line IVs in hospital intensive care units.  

While hospital infections will never be eliminated, greater accountability will ensure they are kept to a minimum and it is recommended patients get more proactive and investigate hospital reporting data.  Also, patients should familiarize themselves with how hospital procedures are done and speak up when they fear a mistake has been made.   

Registered nurse Joann Paul, who runs the quality control program at Wesley Medical Center, Wichita, KS, says the key to infection prevention at Wesley is communication and attention to detail.  It's about nurses not being afraid to tell doctors that they've skipped a step.

For more, see For more, see kwch.com.


Medical Expert On Hospital Infections Part 1

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An investigation by Consumer Reports paints an unflattering picture of U.S. hospitals when it comes to their rate of patient infection and public accountability. In its March issue, the magazine reports 30,000 patients die each year because of blood infections they contract while connected to central line IVs in hospital intensive care units.     

"Many studies suggest that up to 50% of ICU patients who get these infections may not survive their hospitalization," said Dr. John Santa, a medical expert for Consumer Reports.

For years, doctors held the belief that these infections were inevitable and they became an accepted risk of hospital care.  Now, research has shown the vast majority of these infections are preventable, if hospital nurses and doctors adhere to strict safety measures, the magazine reported.

For more, see kwch.com.

Medical Expert Testifies In Vehicular Manslaughter Trial

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An expert witness from Maryland's medical examiner's office delivered graphic testimony Tuesday to jurors in a Prince George's County courtroom of how eight victims in the February 2008 street-racing crash perished along a stretch of Indian Head Highway/Route 210 in Accokeek.  The testimony by Carol Allen, an assistant medical examiner whose office performed autopsy reports on the victims, also called into question whether all eight people died during the actual crash or whether some were instead killed by other vehicles leaving the scene in the ensuing pandemonium.

Tuesday marked one of the last days of court proceedings before the prosecution rests its case in the vehicular manslaughter trial against Tavon J. Taylor, 20, of Waldorf, who allegedly was involved in an illegal street race connected to the Feb. 16, 2008, crash.

For more, see Gazette.net.

Psychiatry Expert On Head Injury & Hysteria

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Psychiatry expert Dr Fred Ovsiew, professor of clinical psychiatry and behavioral sciences in the Feinberg School of Medicine, Chicago’s Northwestern University, says the idea that head injury may cause hysteria is gaining credence in modern medicine. Delivering the 30th TS Srinivasan Endowment Oration on ‘Hysteria! The Road Less Travelled Between The Brain And Mind,’ Dr Ovsiew quoted a report in The New York Times about how an autopsy done on a retired ice hockey player showed brain damage.

He said, “The report quotes the subject’s son as saying that his father exhibited symptoms of hysteria after retiring from the game. The report of the physician said his was not a psychiatric disorder or a post-career adjustment issue, and that he had been struggling with a disease that had been short-circuiting his nerve connections inside the brain.” Dr. Ovsiew said this could be considered a link between the brain and the mind.

For more, see thetimesofindia.

Angel Hernandez lives in West Palm Beach, FL, but Monday he was in a St. Lucie County courtroom fighting a drug charge.  Ten years ago Hernandez was diagnosed with Multiple Sclerosis.  In 2003 he began using marijuana and in 2005 stopped his other medications, relying solely on marijuana to alleviate his MS symptoms.  In court Hernandez claimed, "There is no prescribed medication that would not make my MS worse."

Hernandez' attorneys were in court arguing a medical necessity defense for the marijuana and asking for a new trial. Defense attorneys countered that 14 other states have enacted laws protecting patient access to marijuana.  In the end, Judge Phillip Yacucci denied a defense request to allow a medical expert to testify and sentenced Hernandez to a year’s probation.

For more, see wptv.com

Medical Expert On Death of Actress

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Actress Brittany Murphy died from pneumonia, but anemia and prescription drugs also played a role, Los Angeles County coroner's officials said Thursday. The primary cause of death was community-acquired pneumonia, with contributing factors of iron deficiency anemia and "multiple drug intoxication," according to the coroner's office. The death was ruled accidental.

Murphy's widower, Simon Monjack, previously told US magazine that his wife took the painkiller Vicoprofen and Fluoxetine, an antidepressant to treat menstrual cramps, as well as over-the-counter Robitussin for her last illness. Dr. Michael Baden, former chief medical examiner in New York City, said the coroner's determination indicated drugs probably played a key role in Murphy's death. "It sounds more like it's a drug-related than a natural pulmonary pneumonia," said Baden, who did not work on the Murphy case but has served as an expert witness in numerous high-profile deaths. "One doesn't die of pneumonia, usually, that quickly."

For more, see mercurynews.com.