Dallas Fort Worth Injury Lawyer Blog

Tobacco smoke contamination lingering on furniture, clothes and other surfaces, dubbed thirdhand smoke, may react with indoor air chemicals to form potential cancer-causing substances, a study found.

After exposing a piece of paper to smoke, researchers found the sheet had levels of newly formed carcinogens that were 10 times higher after three hours in the presence of an indoor air chemical called nitrous acid commonly emitted by household appliances or cigarette smoke. That means people may face a risk from indoor tobacco smoke in a way that’s never been recognized before, said one of the study’s authors, Lara Gundel.

Read the full Bloomberg article here.

Continue reading "Third hand Smoke Forms Cancer-Causing Residue Indoors" »

Two West Texas nurses have been indicted after filing an anonymous complaint about a doctor's practices with the Texas Medical Board, but the state agency says the women did nothing wrong.

The nurses are charged with misuse of official information. Each one-page indictment filed against them alleges they improperly accessed information that was not public "with intent to harm" the doctor for "a nongovernmental purpose."

Among the nurses' complaints were that the doctor improperly encouraged patients to buy herbal medicines from him and had wanted to use hospital supplies to perform a procedure at a patient's home.

The Texas Medical Board defended the nurses' actions and said it's the board's state-mandated duty to look into such complaints.

Continue reading "Texas Nurses Face Charges After Filing TMB Complaint " »

A Harris County Texas jury has ruled in favor of a Houston man in a medical malpractice case, awarding him $10 million in damages stemming from a lawsuit against Methodist Hospital and the doctors who treated him there.

John German developed gangrene that required the amputation of his left leg above the knee, all the toes on his right foot and all of his fingers in the aftermath of heart surgery in 2002 .

“It’s been a long time coming, but I feel vindicated,” said German, who was a 32-year-old mechanic at the time of the care.

Continue reading "Texas Patient Awarded $10 M in Medical Malpractice Claim" »

The following is a summary of the changes effective on June 24, 2009. Click here for the complete board rules.

Chapter 162, Supervision of Medical School Students, with amendments to §162.1 Supervision of Medical Students, which clarifies the intent of the amendment previously adopted, which became effective on March 9, 2009. The Board determined that the revised language was necessary based on questions received regarding interpretation.

Chapter 165, Medical Records, with amendments to §165.3, Patient Access to Diagnostic Imaging Studies in Physician’s Office, which expands the rule to include non-static diagnostic imaging studies and imaging studies that are maintained in electronic format. The Board determined that the rule change was necessary to clarify the definition of diagnostic imaging studies for the purpose of releasing such records to requestors for medical records.

Chapter 173, Physician Profiles, with amendments to §173.1, Profile Contents, which requires that the profile of each licensed physician shall contain the physician's full name as the physician is licensed. The Board determined that the change was necessary to allow the Board to appropriately track all physicians licensed by the Board rather than allowing physicians to identify themselves under multiple names when submitting documents to the Board.

Continue reading "Texas Medical Board New Rules June 2009" »

Since its April board meeting, the Texas Medical Board has taken disciplinary action against 71 licensed physicians.
The actions included 15 violations based on quality of care; 11 actions based on unprofessional conduct; two nontherapeutic prescribing violations; six agreed orders based on inadequate medical records violations; one action based on impairment due to alcohol or drugs or mental/physical condition; four actions based on other states’ or entity’s actions; one action based on failure to properly supervise or delegate; two actions based on peer review actions; two actions based on violation of probation or prior order; one agreed order modifying a prior order; and five voluntary surrenders. Twenty-one physicians entered into administrative orders for minor statutory violations.

At its May 28-29 meeting, the board issued 526 physician licenses.

Continue reading "Texas Medical Board Disciplines 71 Doctors" »

A new diabetes drug -- to be called Victoza if approved -- works better than Byetta, a head-to-head clinical trial shows.

Byetta is the first of the class of type 2 diabetes drugs called GLP-1 analogs. The drug takes advantage of the body's own signaling system to increase insulin output in response to meals.

Byetta is a popular drug, and it's helped many patients. But liraglutide -- soon to be called Victoza if approved by the FDA -- works better, says Lawrence Blonde, MD, director of the diabetes clinical research unit at Ochsner Clinic Foundation, New Orleans.

"Our direct comparison study shows patients who took liraglutide once a day had a greater reduction in [average blood sugar levels] at the end of the 26-week study than did [Byetta] twice a day," according to Blonde . "Obviously, once-a-day injections would be preferred by many patients because of the convenience -- and it is not tied to meals. Liraglutide can be taken any time as long as you take it the same time each day."

Continue reading "Victoza for Diabetes: Better Than Byetta?" »

The Texas Medical Board entered an Automatic Suspension Order against Rodney Norman Dotson, M.D., license number D9988, on Monday, May 4, after determining that Dr. Dotson had violated a previous disciplinary order.

The February 8, 2008, Mediated Agreed Order required, among other provisions, that Dr. Dotson take and pass the Special Purpose Examination. The 2008 order also contained a provision that, after a proper hearing, if a Board panel found that Dr. Dotson had violated this term of the 2008 order, his license could be automatically suspended.

Continue reading "Texas Medical Board Suspends License of Rodney Dotson, M.D. " »

The following is a summary of the changes effective on May 6, 2009. Click here for the complete board rules.

Chapter 166, Physician Registration, with amendments to §162.2 Continuing Medical Education, would allow members of the Board’s Expert Physician Panel up to 12 hours of formal continuing Medical Education for time actually spent in reviewing standard of care cases and providing a report to the board.

Continue reading "TMB May 2009 Board Rules Changes " »

A bill that was the subject of a 5½-hour hearing would sharply curtail the powers of the Texas Medical Board if it becomes law.

Backers argued that it would bring much-needed transparency and provide greater fairness to doctors whom, some say, the board is persecuting. They especially raised concerns about practitioners of alternative medicine and those who treat conditions such as autism.

Continue reading "Texas Medical Board Subjected to Hearing" »

Pregnant women who took a popular epilepsy drug, also widely used to treat migraines, pain and psychiatric disorders, had children whose I.Q. scores were significantly lower than those whose mothers took a different antiseizure medication, a new study has found.

The drug, valproate, sold generically and under the brand name Depakote, remains the second-most-popular antiseizure medication used for epilepsy, but earlier studies found that use during pregnancy also increased the risk of developmental delays and major malformations.

The risks that other epilepsy drugs may pose are not clear, experts say. While some are likely to be safer than others, there have not been enough studies to guide patients and their doctors. About half of the women who take valproate are not epileptics.

Continue reading "I.Q. Harmed by Epilepsy Drug in Utero" »

A congressional study and a national consumer advocacy group found that the health care industry in 2004 had spent millions of dollars exaggerating the malpractice crisis in Nevada and elsewhere in the country.

But the hard-hitting television campaign of five years ago, helped persuade voters to overwhelmingly approve an industry-backed ballot initiative imposing a $350,000 cap on malpractice damages for pain and suffering. Advocates said the intent of the measure, patterned after 1975 tort law changes enacted in California that imposed a $250,000 cap, was to reduce multimillion-dollar verdicts against doctors, which would lower their insurance premiums and reduce health care costs for the public.

Continue reading "Nevada Attorneys Hope to Lift Malpractice Damages Cap " »

A Staten Island man stricken with polio has won a multimillion dollar lawsuit against a drug maker, claiming he contracted polio 30 years ago while changing his daughter's diaper.

Dominick Tenuto was awarded $22.5 million, believed to be one of the highest awards ever on Staten Island.

The lawsuit claims that the oral vaccine Tenuto's daughter received, which contained a live virus, passed through her body and infected Tenuto while he was changing her diaper.

The 61-year-old Tenuto, a former Wall Street executive, sued two years after contracting polio and losing his job.

The drug maker, Lederle Laboratories, plans to appeal.

The following is a summary of the changes effective on March 9, 2009.
Click here for the complete board rules.

Chapter 162, Supervision of Medical School and Physician Assistant Student, with amendments to §162.1, Supervision of Medical Students, provides for the supervision of a medical student who is not enrolled at a Texas medical school as a full-time student or visiting student.

Chapter 171, Postgraduate Training Permits, repeals §171.7, Inactive Status, repeals a provision that recognizes an inactive status of a physician in training permit.

Continue reading "Texas Medical Board March 2009 Board Rules Changes" »

According to federal drug officials, many doctors may lose their ability to prescribe 24 popular narcotics as part of a new effort to reduce the deaths and injuries that result from these medications inappropriate use.

A new control program will result in restrictions on the prescribing, dispensing and distribution of extended-release opioids like OxyContin, fentanyl patches, methadone tablets and some morphine tablets.

Continue reading "F.D.A. to Restrict Prescriptions of Narcotics " »

A new study finds that almost a quarter of a sample of people exposed to toxic dust after the 9/11 attack in New York City still suffer from diminished lung capacity.

The rate of lung problems is about 2.5 times more than would be expected in people who smoke, according to co-author Dr. Jacqueline Moline, director of the World Trade Center Medical Monitoring and Treatment Program Clinical Center.

Continue reading "Aftermath of 9/11" »

The Texas Medical Board (TMB) is charged with licensing physicians and enforcing the Texas Medical Practices Act. During the 2007 session and interim, TMB has been under intense legislative scrutiny for administrative, enforcement, and licensure issues. Last session, lawmakers increased the agency’s appropriation by $3.4 million — to $18.4 million for the biennium — so it can better manage the backlog of license applications. In exchange, the board was directed to cut the average processing time for a new license to 51 days. TMB reports it has met this goal and initiated an online application process to further speed up licensure.

Continue reading "Texas Medical Board Update" »

Medical malpractice reform enacted five years ago succeeded in cutting the number of lawsuits against doctors and increasing the number of physicians working in Texas.

But state medical board investigators say it also left them with an unbearable workload.

While the Texas Medical Board's staffing increased 28 percent from 112 employees in fiscal 2002 to 143 in fiscal 2008, physician and patient settlements through the board have increased 202 percent, according to the board's statistics.

In next year's legislative session, the TMB will be asking for 11 additional full-time workers to help with investigating and resolving complaints against doctors.

Continue reading "Texas Medical Board Falling Behind On Complaints " »

Rule Changes Adopted
The board adopted the following rule changes that were published in the Texas Register:

Chapter 163, Licensure, amendments to §163.5, Licensure Documentation.

Chapter 165, Medical Records, amendments to §165.1, Medical Records; §165.5, Transfer and Disposal of Medical Records.

Chapter 166, Physician Registration, amendments to§166.2, Continuing Medical Education; and §166.6, Exemption from Registration Fee for Retired Physician Providing Voluntary Charity Care.

Continue reading "Texas Medical Board Implements New Rules" »

Since its last board meeting, the Texas Medical Board took disciplinary action against 59 licensed physicians. The actions included 13 violations based on quality of care; two actions based on unprofessional conduct; three actions based on violations of probation or prior orders; three actions based on other states’ actions; six actions based on inadequate medical records; four actions based on impairment due to alcohol or drugs or mental/physical condition; two actions based on nontherapeutic prescribing; two actions based on failure to properly supervise or delegate; one action based on a criminal conviction; three voluntary surrenders; two violations of failure to obtain required continuing medical education; two administrative agreed orders; and 12 licensees agreed to enter into administrative orders with the board for minimal statutory violations.

Continue reading "Texas Medical Board Disciplines 59 Doctors and Issues 479 Physician Licenses" »

A panel of the Texas Medical Board temporarily restricted the license of a doctor based in Conroe, after determining that the doctor’s unrestricted practice of medicine presents a continuing threat to the public welfare.

The action was based on the panel’s findings that the doctor was responsible for violations in the standard of care, nontherapeutic prescribing, prescribing to persons who were known or should have been known to be engaged in substance abuse or diversion, and his failing to adequately supervise the activities of persons operating under his supervision. These findings were made as the result of a criminal investigation involving patients who had obtained narcotics prescriptions from clinics under the doctor's medical direction.

Continue reading "Texas Medical Board Temporarily Restricts Doctor's License" »

A panel of the Texas Medical Board has temporarily suspended the license of Eli T. Anderson, M.D., license #E6214, of Houston , after determining that Dr. Anderson's continuation in the practice of medicine presents a continuing threat to the public welfare.

The action was based on evidence the board received that Dr. Anderson tested positive for a cocaine metabolite in June, 2008, while undergoing drug testing required as a condition of his placement on five years deferred adjudication probation for possession of cocaine, a third degree felony, in Clay County, Texas, in June, 2005. In 2007, Dr. Anderson was again arrested in Lubbock for possession of drug paraphernalia. In addition, at the Board's temporary suspension hearing, Dr. Anderson admitted on the judicial record that he had used cocaine since 2002, and that he had used cocaine as recently as November, 2008.

Continue reading "Texas Medical Board Suspends License of a Houston Doctor " »

Boston Public Health Commission is proposing some of the nation’s strictest smoking regulations; banning the sale of cigarettes at drugstores and on college campuses, and shutting down the city’s 10 cigar and hookah bars by 2013.

The commission said, the goal is to discourage young people from buying tobacco products, to keep a harmful product out of stores that promote health, and to protect employees who are exposed to secondhand smoke.

The Board of Health will vote on the regulations on Nov. 13. If approved they will take effect within 60 days.

“Should tobacco be treated as any other consumer good? No,” said Barbara Ferrer, director of the Board of Health. “We do not sell guns everywhere, we do not sell alcohol everywhere and we do not need to be selling tobacco everywhere. They are all dangerous products, and they all require regulation.”

Continue reading "Boston Plans Tougher Regulations on Tobacco " »

A panel of the Texas Medical Board suspended the license of Harold Clay Henderson, M.D., of Dallas, license number G3937, after determining that Dr. Henderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.

The temporary suspension hearing took place Monday, October 27, under the Board’s authority, granted by S.B. 104 of the 78th Legislature, to suspend or restrict a physician’s license without notice when it determines the physician’s continuation in practice would constitute a continuing threat to the public welfare. The suspension is effective immediately.

The action was based on the panel’s finding of Dr. Henderson’s inability to safely practice medicine due to intemperate use of drugs or alcohol, or mental or physical disability. The panel also found that Dr. Henderson had aided and abetted the unlicensed practice of medicine by employing a physician in his office whose licensed was suspended.

The length of a temporary suspension is indefinite and it remains in effect until the board takes further action.

Also on Monday, a panel of the board temporarily restricted the license of Donald Delmer Pope, M.D., license #F4386, of Brownwood.

The action was based Dr. Pope’s guilty plea to a felony charge of aggravated sexual assault of a female under 14, and his receiving eight years of deferred adjudication as a sex offender. The restriction requires that Dr. Pope have no contact with any female patient under 17 and that he have an independent medical evaluation, follow the evaluating psychiatrist’s recommendations and submit the treating psychiatrist’s reports to the board.

The temporary restriction is effective immediately and remains in effect until the board takes further action.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

A new medical study out recently shows that Medtronic's new drug-coated stent was associated with more heart attacks and blood clots than a rival stent made by Johnson & Johnson.

Results from the cardiology study named Sort Out III, which included more than 2,000 patients, showed that heart patients who received the Medtronic device, called Endeavor, had more heart attacks and blood clots and needed repeat procedures more often than those treated with the J&J stent, known as Cypher.

Continue reading "Study Shows Problems with Medronic's Heart Stent" »

Ovarian cancer is one of the most difficult cancers to diagnose, making it one of the most deadly. The ovaries are not accessible for examination, and the symptoms that are associated with ovarian cancer are vague and can be confused with other less life-threatening conditions.

Because of its hidden nature, ovarian cancer often is not caught in time to save the patient. According to the U.S. National Cancer Institute, three of every four ovarian cancer cases are diagnosed at an advanced stage, after the malignancy has spread beyond the ovary.

Continue reading "Ovarian Cancer Update" »

The FDA is "evaluating" new adverse-event reports for 20 drugs, the agency announced in September. A 2007 federal law requires the FDA to disclose all its investigations into reports of possibly drug-related adverse events.

The reports on the list come from the FDA's early-warning system for drugs already on the market. This Adverse Event Reporting System (AERS) collects reports from patients, hospitals, doctors, and drug companies about suspicious problems that might be related to a medication.

Continue reading "20 Drugs on FDA Watch List" »

The Texas Medical Board has named Alan T. Moore, M.D., as interim medical director of the agency.

Dr. Moore graduated with honors from the University of Texas at Austin and received his medical degree from the U.T. Southwestern Medical School, where he was a member of Alpha Omega Alpha Honor Society. He completed his anatomic and clinical pathology residency at Parkland Memorial Hospital in Dallas, where he served as chief resident during his fourth year. He also completed a hematopathology fellowship at Parkland.

Dr. Moore is board certified in anatomic pathology, clinical pathology and hematopathology. He has practiced in Austin for more than 20 years and has served as president of Clinical Pathology Associates as well as on the board of Clinical Pathology Laboratories; medical director of Seton Medical Center Laboratory; chief of Staff at Seton Medical Center; and president of the Texas Society of Pathologists. He has also served as the transplant pathologist for the Seton Medical Center Cardiac Transplant Program.

The board also named Mari Robinson, J.D., interim Executive Director of the agency following the retirement of former executive director Donald W. Patrick, M.D., J.D. Robinson began her career at TMB as a litigation attorney in 2001 and has served as Director of Enforcement since 2006.

State law requires that, if the agency executive is a non-physician, a medical director be hired.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

BRUSSELS - European scientists warned that many teenagers across Europe could suffer permanent hearing loss after five years if they listen to MP3 players at too high a volume for more than five hours a week.

The risk for hearing damage depends on sound level and exposure time.

Continue reading "MP3 Players Can Cause Permanent Deafness" »

Eli Lilly & Co. has agreed to pay $62 million to some states, to settle claims it improperly marketed Zyprexa, its top-selling drug, to patients who did not have schizophrenia or bipolar disorder, its only approved uses.

Attorneys general from several states had accused Lilly of marketing Zyprexa for off-label uses and inadequately disclosing the drug's side effects to health-care providers. Doctors are free to prescribe drugs for uses not approved by the FDA, but drug companies cannot market them for those situations.

But Lilly has settled more than 31,000 product liability claims against the drug since 2005, paying out more than $1.1 billion. The drugmaker still faces separate litigation with 11 other states, generally involving consumer protection issues or Medicaid reimbursement.

At its October 9-10 meeting, the Texas Medical Board took disciplinary action against 34 licensed physicians.
The actions included three violations based on quality of care; two actions based on unprofessional conduct; one action based on violation of probation or prior order; one action that terminated a prior suspension; two actions based on other states’ actions; one action based on inadequate medical records violations; two actions based on impairment due to alcohol or drugs or mental/physical condition; five actions based on non-therapeutic prescribing; two actions based on failure to properly supervise or delegate; two actions based on criminal convictions; three voluntary surrenders; and 10 licensees agreed to enter into administrative orders with the Board for minimal statutory violations. In addition, the board issued two cease and desist orders against unlicensed individuals.
At its October 9-10 meeting, the Texas Medical Board issued 276 physician licenses.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

A new study claims that the most common global strain of HIV began spreading in humans around 1900 in sub-Saharan Africa.
This study, which is published in Nature, found that HIV began spreading between 1884 and 1924, around the same time urban centers in west central Africa were established.

Previous studies have shown that HIV spread from chimpanzees to humans in southeastern Cameroon.

Nurses count sponges and surgical instruments when a procedure begins and ends, so that they are not left inside a patient. Cases of retained foreign objects are rare -- occurring once in every 5,000 surgeries -- discrepancies in counts happen in 13% of surgeries, according to a recent surgical study.

The mistake is one of the hospital-acquired conditions that the Centers for Medicare & Medicaid Services will stop paying for as a complicating condition later this year.

Continue reading "New Technologies for Counting Sponges" »

A panel of the Texas Medical Board suspended the license of Nancy Louise Anderson, M.D., license number F7350, after determining that Dr. Anderson’s continuation in the practice of medicine presents a continuing threat to the public welfare.

The action was based on the panel’s findings of violations of a 2008 Mediated Agreed Order, which required, among other provisions, that Dr. Anderson submit to random alcohol and drug screenings to ensure abstinence; participate in Alcoholics Anonymous programs and activities; obtain an independent medical evaluation within a prescribed time period; and cooperate with Board staff. The immediate suspension of Dr. Anderson’s license was based on her violations of the 2008 order by failing to submit to alcohol and drug screenings, failing to attend AA meetings, failing to obtain the medical examination, and failing to cooperate with the Board.

The action took place on Friday, September 26. The length of an automatic suspension is indefinite and it remains in effect until the board takes further action.

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.

A new study out this week in JAMA suggests that common drugs which are recommended as first-line therapy for chronic obstructive pulmonary disease, or COPD raises the risk of heart attacks, strokes and death.

COPD refers to two incurable lung diseases, chronic bronchitis and emphysema most commonly caused by cigarette smoking.

Continue reading "Bronchodilators May Cause Increase In Heart Problems" »

At its August 27-29 meeting, the Texas Medical Board took disciplinary action against 48 licensed physicians.

The actions included 12 violations based on quality of care; six actions based on unprofessional conduct; three actions based on violation of probation or prior board order; nine actions based on inadequate medical records violations; five actions based on impairment due to alcohol or drugs or mental/physical condition; one action based on non-therapeutic prescribing; one action based on failure to properly supervise or delegate; five voluntary surrenders; one order modification; two temporary suspensions and three administrative orders based on minimal statutory violations. In addition, the board issued two cease and desist orders against unlicensed physicians. At its meeting July 25, the Texas Physician Assistant Board took action against two physician assistants.

At its August 27-29 meeting, the Texas Medical Board issued 700 physician licenses, for a total of 3,621 physician licenses issued in Fiscal Year 2008. (See previous release at http://www.tmb.state.tx.us/news/press/2008/090808a.php )

If you have been subjected to a TMB Inquiry Letter or TMB Disciplinary Process, then please contact the Doctor Attorney Dr. Shezad Malik of Southlake, Texas. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.