Articles Tagged With: Malpractice
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‘Safe Harbors’ Can Address ED Providers’ Malpractice Fears
Many emergency physicians want to follow evidence-based guidelines to reduce unnecessary testing — but worry about liability if they do not order a diagnostic test and a patient sues. The Choosing Wisely campaign, an initiative of the American Board of Internal Medicine Foundation, aims to reduce the overuse of potentially harmful tests and procedures.
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Defense Decision Reinstated for Patient’s Failure to Provide Expert Testimony
An important lesson from this case focuses on a critical aspect of medical malpractice cases: causation. Generally, the legal standard is that the care provider’s conduct must have been a substantial factor in causing harm such that a reasonable person would consider the conduct to have contributed to the harm.
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Mixed Defense Rulings Related to Patient’s Death Yield Lessons Regarding Experts
Factually, there was no dispute about the patient’s cause of death — it resulted from an infection. Legally, the defendant physician’s initial challenge to the plaintiff’s case was not to directly attack that factual premise itself, but to instead challenge the plaintiff’s experts.
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AI Creates Liability Risks for Healthcare Organizations
Artificial intelligence is entering a variety of industries including healthcare, where it offers the opportunity to improve diagnoses and patient care in many ways. The potential benefits come with significant risks that must be anticipated and mitigated.
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Jury’s Defense Verdict Upheld for Physician Accused of Improper Treatment of Bone Infection
There are multiple avenues for defendants to prevail and secure a defense verdict. In this case, the defense experts showed that the treatment provided for osteomyelitis met care standards and that the progression of osteomyelitis in the lower extremities of certain patients, especially with certain comorbidities, is not always preventable despite the efforts of providers.
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Untreated Heart Condition Leads to Death, $14 Million Verdict
This case highlights a common type of medical malpractice: diagnostic errors, including failed or delayed diagnosis.
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Evolving Legal Exposure for Supervising EPs
If an ED patient seen by a nurse practitioner or a physician assistant sues for malpractice, the supervising emergency physician is likely to be named as a co-defendant. That is true even if the emergency physician never saw or heard about the patient, according to a recent study.
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ED Malpractice Claims Differ for Attendings, Trainees, NPs, PAs
Emergency medicine is an inherently high-risk specialty regarding malpractice liability because of complex cases and a fast-paced environment. Increasingly, EDs are staffed by advanced practice providers. It is unclear whether this changes liability for EDs and, if so, in what way.
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Medical Malpractice Lawsuit Dismissed for Failing to Provide Expert
Medical malpractice litigation often revolves around the reports and/or testimony from experts, and this case is no different. In fact, this case highlights just how important expert reports and testimony are: The case was dismissed based on the plaintiffs’ failure to provide any such expert support.
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Defense Verdict Upheld Against Claims of Failure to Diagnose
This case can provide clinicians with an example and peace of mind knowing that appropriately abiding by the duties within their designated scope of practice is a method for defending against claims of malpractice.