Meanwhile, there are also reports that tests from Cedars-Sinai Hospital have been leaked to the press, showing that Britney tested clean for both alcohol and drugs during her recent forced stay at their facility.

So, what about PRIVACY laws here?  Even celebrities have civil rights.  What about patient privacy?

In April 2003, a federal law went into effect that protects patient privacy by setting standards for health care providers (read that hospitals and doctors and psychologists like Dr. Phil) on the releasing of personal health care information.  This law is a part of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. 

The “privacy rule” under HIPAA protects any information about a patient’s health status, type of health care, and payment for health care services.  Medical records are protected.  In fact, facilities are not allowed to tell you whether or not an individual is even a patient at their facility unless you have specific authorization to have that info.

Violations of this privacy protection can result in complaints being filed with the Department of Health and Human Services.  Constitutional right to privacy concerns arguably overlap here, allowing a civil action for monetary damages to be filed as well. 

Britney Spears has a right to privacy concerning her medical records and her medical condition.  Her clean test results should not be known by the public unless she agreed to this; however, since it benefits her situation this probably isn’t an argument she’s going to press.

However, all this Dr. Phil stuff?  Privacy violation?  Sure looks like it – especially with the latest throwdown by her parents on the Today show.  Visiting her in the hospital is a problem, but his statement immediately afterwards, opining about the severity of her condition might breach HIPAA … giving this kind of statement to the press on hospital grounds immediately after seeing Britney seems like a violation of her privacy rights under HIPAA. 

Dr. Drew and his press statements that she may be the next Anna Nicole?  Not the same.   He hasn’t seen her, he’s not saying that he’s seen her.  Dr Drew is giving commentary — a position distinctly different from Dr. Phil and his personal visitation.�

And, right along with that reporting is the story that Dennis Quaid’s infant twins were inadvertently overdosed while at Cedars Sinai and while the situation was scarey, it looks like they’re going to make it.

Okay.  What should these families be doing, to protect their interests in they want to file a medical malpractice suit later?  What should you do, if you’re in a similar situation?

Well, one benefit these celebrities have is the media coverage.  The paparazzi swarms document everything — and that can be honey to a plaintiffs’ attorney.  Of course, this helps in cases involving car accidents and personal injury matters (think Britney Spears) more than in a medical malpractice scenario. 

However, Dr. Adams did not help himself by walking the live television show yesterday.  And, he may well have made an admissible statement against interest when he blamed the patients for the 11 malpractice suits currently on file.  Oh, yes he did. 

Meanwhile, statements made by Cedars Sinai in the Dennis Quaid matter also appear to be admissible as evidence, should a case be filed.  Spokesmen for the hospital are reporting that there was an error with a drug, that patients other than the Quaid twins were given wrong doses, too, and that it was a “preventable error.”  You might as well put an Exhibit sticker on that press release.

What if you are in a situation similar to Kanye West or Dennis Quaid, but you don’t have all these reporters to help you gather information?

1.  Remember, you don’t have to file a suit – but accumulating information is smart even if you decide not to do so.   Better to have the info and not need it, than vice versa.

2.  Documents are better evidence that witness recollection.  Take notes of everything you see and hear.  Document it.  And, get copies of everything you can — admission records, patient charts, etc. 

3.  Make a list of anyone that might have any knowledge of what is happening (later, a lawyer will call this a list of “persons with knowledge of relevant facts”).  Get their names, addresses, and phone numbers.  Get license plate numbers.  Get badge numbers. 

4.  Keep a chronology of events.  Time, date, what happened, who was there, what was said, what was done.  It doesn’t have to be pretty – a spiral notebook and a ballpoint pen work just fine. 

5.  Ask questions.  Write down what the answers were.

6.  As soon as your suspicions become serious, then you will want to meet with a medical malpractice attorney.  Someone who is “board certified” is preferable — they’re more experienced, and have taken a test to prove their proficiency at med mal.   Don’t feel that you have to hire the first attorney you meet — interview two or three, and go with your gut.  It’s an important decision and you need to feel very comfortable with your choice.

Condolences to the West Family, and good luck to them in their medical malpractice claim against Dr. West — which you know is coming.  And to think this guy appeared as a plastic surgery expert on Discovery Channel and on Oprah … (check out his website).

How can you protect yourself in these situations?  How do you know that you can trust your doctor?

 Medical Malpractice Suits Against Dr. Adams

Lori Ufondu is suing for a surgical sponge left inside her chest during a breast augmentation;

Rhonda McClain is suing for mental and physical and nervous pain and suffering during a breast augmentation leaving her with one implant;

Teana Lucas is suing Dr. Adams for an improper liposuction as well as getting her drunk after surgery, having intercourse with her, getting her pregnant and then forcing her to get an abortion.  She’s suing for sexual battery as well as medical malpractice (see below).

Jana Bieghle is suing Dr. Adams and Euclid Outpatient Surgery Center for medical malpractice after a failed left breast capsulectomy resulted in her having both breast implants removed.

Bonita Harvey is suing Dr. Adams for medical malpractice in a failed tummy tuck.

Terry Cage is suing Dr. Adams for medical malpractice in a failed tummy tuck, breast augmentation, and liposuction procedure.

Civil Cases Against Dr. Adams – Other Than Med Mal

Deborah Pratt is suing for a restraining order to protect her and her sons from Dr. Adams’ “Jekyll & Hyde personality when he is intoxicated.”

Teana Lucas is suing Dr. Adams for getting her drunk after surgery, having intercourse with her, getting her pregnant and then forcing her to get an abortion.  She’s suing for sexual battery as well as medical malpractice (see above).

Criminal History

DUI convictions - 2002, 2006 (pled no contest).

So, how can you check out your doctor before going under the knife?

First, more and more counties are providing online access to their litigants’ indexes.  Check out the web to see if you can search for the doctor’s name — as well as the clinic or hospital that will be involved in the procedure — for civil suits that have been brought against them.  This will not give you information on cases that settled out of court (and lots of medical malpractice cases do so, just to prevent this public exposure), but may give you some very interesting information.

Second, check the archives of the local newspaper for these same names.  Sometimes, cases that aren’t filed are still the subject of news reports.

Third, check with your state’s medical board or association.  Every state has a licensing organization that oversees the medical profession.   Ask for their complaint division.  And, while you’re there, confirm that the doctor is, indeed, board certified.  (Dr. Adams apparently portrayed himself to be Board Certified, but he wasn’t.)

Fourth, get a second opinion before undergoing anesthesia of any sort.  

Fifth, trust your gut.  If anything doesn’t sit just right with you, don’t ignore that inner warning. 

You don’t want to have a medical malpractice case.  You want a successful surgery.�

Chris Benoit’s

If the doctors’ actions did contribute to the deaths, then expect to have civil suits filed, as well.  Dannielynn’s guardian (i.e., Larry Burkhead) can sue for wrongful death based upon medical malpractice.  There’s a twist in the Benoit case:  state wrongful death statutes list who can sue for the wrongful death of another, and usually it’s limited to immediate family.   Georgia law will decide if any Benoit relatives can legally seek civil remedies.

I predict civil suits will be filed.  Why?

Last week, Chris Benoit’s doctor was indicted by a federal grand jury for illegal distribution of prescription drugs - including Xanex(alprazolam), Percocet (oxicodone), Adderal (amphetamine), and Lorcet(hydrocodone).  It’s a seven-count criminal indictment, involving seven prescriptions written to two patients.  It doesn’t include his patient, 2004 WWE champion Chris “The Canadian Crippler” Benoit. When Chris Benoit’s toxicology reports get in, new charges may well be added.  

Meanwhile, California authorities are investigating two of Anna Nicole Smith’s doctors.  The California Department of Justice is reportedly investigating her psychiatrist, specifically, for prescribing methadone to an 8-month pregnant Anna Nicole, as well as prescribing (click to see the dr’s fax) Dilaudid, Lorazepam, Soma, Delmane, Methadone, and Prexige shortly after Daniel’s death.  

All of these are painkillers, and all were prescribed in unusually high amounts, and all carried warnings for pregnant and breast-feeding women.   One pharmacist, when interviewed, explained:  “All together, these drugs potentially will kill you. I would have refused to fill the order.”

A search has already revealed that Dr. Astin’s average prescription for Chris Benoit was a 10-month supply of anabolic steroids to Benoit every three to four weeks, for at least the past year (from May 4, 2006 through May 9, 2007).  Add to that the discovery that Dr. Astin’s prescription records reveal that he okayed approximately 1,000,000 doses of various pharmaceutical controlled substances over the last two years, and the addition of Benoit to the pending charges seems likely.

What’s the big deal — shouldn’t these doctors be trusted to know what their patients needed, and could physically handle?  No!  U.S. Attorney for the Northern District of Georgia, David Nahmias,  explains:

 “Prescription drugs are controlled substances because if they are abused, they can cause serious addiction, illness, or even death. Dr. Astin allegedly prescribed such drugs like candy, with little regard for appropriate medical practice or the recipients’ health. Dirty doctors should be on notice that they face federal prosecution and prison time as we work with the DEA and other law enforcement partners to protect the health and safety of our communities.”

Finally, remember:  doctors make mistakes, too.  If you are suspicious about a prescription you or a loved one have received, then investigate.  Get a second opinion.  A pharmacist can be a wealth of free information.  If harm has occurred, don’t wait.  Check into legal remedies promptly; medical malpractice lawsuits have a short timeframe before they are time-barred.�

Sure there are. Things your mother told you — like “just say no” — come to mind, but perhaps there are some things that aren’t so readily apparent from the tragedy of Anna Nicole Smith’s death at 39.

Like the question of when do you have the right to refuse medical treatment, and when do you have a legal duty to help someone who is refusing medical treatment?

According to Dr. Perper’s investigative findings, Anna Nicole refused to seek medical treatment (via a 911 call, trip to the ER, or otherwise) even though her fever had spiked to 105 degrees. Not the best choice for a woman known for … well …. bad choices.

Still, Anna Nicole Smith was a legal adult and she had the legal right to say she didn’t want treatment. So do you, if you’re of legal age and haven’t been declared incompetent by a court in an officially signed document (order, judgment, you get the idea). This is still a free country.

Anna Nicole Smith had a legal right to refuse medical treatment. So do you.

But what if you’re with a sick friend, who’s getting sicker by the minute? Or, there’s been a fight or a car crash, and he’s been hit on the noggin’ — you’re thinking concussion and he’s thinking medical bills. Or, you’re in the room with Anna Nicole Smith and she’s really, really ill?

Here, the law gets stickier. If you have a legal duty to that person, say you’re a caregiver of some sort, then your responsibilities may include making a phone call. A nurse needs to call a doctor if she’s getting out of her league with patient care. Nannies need to call when children in their care are in need, as do home health aides that are assisting seniors. If it could be considered a part of the job, then the person may have a duty to make the call.

Friends have no such duty. Strangers have no such duty. There is no general, overall legal duty to help someone who is injured. Bystanders at a car accident aren’t legally bound to call EMS.

No legal duty, that is. Moral obligations, that’s a whole different ballgame. And there, I say – if your friend needs help, then you make the call, no matter how mad he gets about it. Good friends will risk losing the friendship by getting that medical care — that’s the kind of thing that good friends do.

Sources: Yahoo!News�