New York Medical Malpractice

In the past, physicians have received notifications from the FDA regarding safety alerts to various medications on paper. Now, the recently launched Health Care Notification Network will send any safety alerts to doctors and hospitals via email. The new system is believed to bring down the risk of malpractice litigation.

“The majority of U.S. liability carriers are asking their physicians to enroll today. Delivering product re-calls and warnings immediately online has the potential to directly improve patient safety and reduce malpractice claims—and, ultimately, decrease malpractice insurance premiums,” said David Troxel, MD, an iHealth Alliance board member and medical director of The Doctors Company, the nation’s largest physician-owned liability carrier.

The newly formed HCNN is a joint effort between the FDA, medical societies, health plans and the pharmaceutical industry.

Merck essentially created a scientifcally and ethically questionable study for Vioxx. The Wall Street Journal reports:

Merck has agreed to pay $58 million to settle allegations by a few dozen states that the company used deceptive advertising to promote Vioxx. That’s relatively small potatoes considering Merck has put up $4.85 billion to settle thousands of personal-injury claims over the discontinued painkiller.

But a detail in the states’ deal caught our eye: The company has agreed to “no longer engage in ‘ghostwriting,’ ” says this statement from the Pennsylvania AG.

Wait, didn’t we just hear something about ghostwriting and Vioxx? Oh, right, it was just last month, when this JAMA article said some published Vioxx studies were writted by uncredited ghostwriters hired by the company.

I can’t believe that Merck use dubious and deceitful ghostwriting tactics to promote its product. I’m glad to see that this being resolved legally, rather than being swept under the rug.

Did you know that product liability includes intangibles? The Cornell Law school points out:

Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

Also, states are the primary regulators in products liability:

These statutory provisions can be very diverse such that the the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.

Want to know more about product liability, stay updated here.