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Articles Tagged With: Malpractice

  • Damages Award Increased to Reflect Pain and Suffering from Feeding Tube

    While it always is necessary to consult with local counsel (as damages analyses can vary by state), this case suggests an expansion of the traditional concept of how courts and experts calculate pain and suffering.
  • ‘Dr. Death’ Case Holds Lessons for Risk Managers, Hospitals

    The extraordinary case of a neurosurgeon who was so poorly vetted by hospitals that he critically injured dozens of patients and was blamed for two deaths in a short time is receiving renewed attention in true crime podcasts and an upcoming TV series. Risk managers should take the opportunity to learn how to avoid a repeat of the tragic series of events.
  • Hospitals Could Face Legal Exposure if EPs Are Not Board-Certified

    In 2005, there were about 22,000 emergency medicine board-certified emergency physicians in the United States. However, investigators estimated 40,030 emergency physicians would be needed to staff all 4,828 EDs. For years, there was not much additional research in this area. Recently, a group of investigators decided to conduct another analysis and update the data.

  • Expert Panel Is Low-Cost Way to Determine Strength of Med/Mal Claim

    If the panel finds the emergency physician deviated from the standard of care, a malpractice lawsuit is likely. On the other hand, if the panel finds the ED care was reasonable, there is a fair chance the claimant will not file suit.

  • Aortic Aneurysm Claims Generate Highest Average Indemnity for ED

    ED malpractice claims involving aortic aneurysm generated higher average indemnity ($369,872) than any other medical condition, according to a recent analysis. Failure to timely diagnose is the most common allegation in malpractice actions, followed closely by poor communication between providers.

  • Best Practices for Handling Adverse Events

    Mistakes and near-miss errors occur in every healthcare setting. With proper planning, surgery professionals can minimize adverse events and react appropriately if they do occur to prevent the situation from spiraling out of control.

  • Patient’s Notice of Claim Not Time-Barred for Filing Two Years After Injury

    This case is important to learn how time restraints are applied in medical malpractice suits. All states use specific statutes of limitations, and some states enacted additional time requirements to prevent a patient from waiting too little or too long before notifying the medical provider of intention to file suit.
  • Punitive Damages Award Upheld for Wrongful Death Action Alleging Mere Negligence

    This case demonstrates the need to fully inform patients of their treatment options — especially in non-emergency situations — and to carefully monitor patients during the relevant times, particularly during and after surgery, and to investigate abnormal conditions appearing after the surgery. A well-considered and documented informed consent can be as important to the patient’s safety from harm — and the physician’s protection from litigation — as making the correct diagnoses, prescribing the appropriate medications, or skillfully performing the correct procedures.
  • Diagnostic Errors Often Prompt Patients to Sue

    The main reason patients sue is for an adverse event caused by delayed, missed, or failed diagnosis. Another reason patients sue is due to failure of communication, which led to an adverse event. Efforts to convey a sense of caring can reduce the likelihood of a lawsuit.
  • Avoid the Common Mistakes That Encourage Patients to Sue

    Much of risk management is focused on avoiding liability and discouraging lawsuits, but what really makes a patient or family decide to sue? Much of the motivation comes from how they feel after interactions with physicians and staff — or the lack thereof. The biggest factor in a patient or family filing a medical malpractice lawsuit is the patient-physician relationship.