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The Researching Paralegal

Tag Archives: Health Law

Texas Supreme Court Agrees That Compounding Pharmacy Is “Health Care Provider.”

16 Saturday May 2015

Posted by Celia C. Elwell, RP in Appellate Law, Damages, Health Law, Litigation, Negligence, Texas Supreme Court

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Compounding Pharmacy, Health Care Provider, Health Law, Implied Warranty, Texas Medical Liability Act

 

Texas Supreme Court Holds That Compounding Pharmacies Are Health Care Providers Under Texas Medical Liability Act, by Elinor H. Murarova, Duane Morris Health Law Blog

http://tinyurl.com/k75hx7m

On April 24, 2015, the Texas Supreme Court dismissed claims against a compounding pharmacy and its individual pharmacists which alleged negligence in compounding a lipoic acid medication, finding that the defendants were health care providers entitled to the protections in the Texas Medical Liability Act (‘TMLA’).

In the case Randol Mill Pharmacy et al. v. Miller et al., Case No. 13-1014 (Tex. Sup. Ct.), the plaintiff’s physician prescribed and administered weekly intravenous injections of 200 mg/ml lipoic acid, an antioxidant supplement. The plaintiff alleged that she underwent nine weeks of treatment without incident, but in the tenth treatment she suffered a severe adverse reaction and as a result was hospitalized for several weeks, received multiple blood transfusions, and went permanently blind in both eyes. Randol Mill Pharmacy compounded the lipoic acid that allegedly caused the adverse reaction.

In her complaint against the compounding pharmacy and its individual pharmacists, the plaintiff alleged that these defendants gave inadequate and inappropriate warnings and instructions for using the compounded lipoid acid; that the compounded lipoid acid was defective, ineffective and unreasonably dangerous; and that the compounding pharmacy and pharmacists generally breached implied warranties with respect to the design, manufacture, inspection, marketing, and/or distribution of the compounded lipoid acid. . . .

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AHIMA Concerned About Proposed E-Discovery Rule Changes

27 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Court Rules, Discovery, E-Discovery, Health Law

≈ Comments Off on AHIMA Concerned About Proposed E-Discovery Rule Changes

Tags

AHIMA, Discovery, E-Discovery, Health Law, Proposed Court Rules

AHIMA Comments on Proposed Changes to Federal E-Discovery Rules,iHealthBeat
http://bit.ly/1aO1nVV

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Pennsylvania joins at least 34 other states by enacting law making apologies for medical errors inadmissible in court.

24 Thursday Oct 2013

Posted by Celia C. Elwell, RP in Health Law, Medical Malpractice, Recent Links and Articles

≈ Comments Off on Pennsylvania joins at least 34 other states by enacting law making apologies for medical errors inadmissible in court.

Tags

Benevolent Gesture, Health Law, Massachusetts Supreme Court, Medical Malpractice

Sorry no longer seems to be the hardest word: Pennsylvania passes Benevolent Gesture Law, by Evidence ProfBlogger, EvidenceProf Blog
http://bit.ly/16xiPM0

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Florida’s New Medical Records Standards

23 Wednesday Oct 2013

Posted by Celia C. Elwell, RP in Health Law

≈ Comments Off on Florida’s New Medical Records Standards

Tags

Compounded Medications, Florida, Health Law, Medical Records

New Requirements Released for Physician Medical Records Related to Compounded Medications, by Michael L. Smith, R.R.T., J.D., Board Certified by The Florida Bar in Health Law, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, The Health Law Firm Blog
http://bit.ly/1dZlaYE

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