Articles Tagged With: Malpractice
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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. -
Communication and Resolution Programs Are Alternative to Malpractice Claims
Considering signs of financial uncertainty in liability insurance markets, it is an excellent time for EDs to study communication and resolution programs as an alternative to malpractice litigation, the authors of a recent paper argued.
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Appellate Court Upholds Judgment Against Patient Over Lack of Expert Testimony
The appellate court’s analysis in this case highlights how the application of res ipsa loquitur to medical malpractice cases still requires expert opinion. In fact, plaintiff was under the mistaken impression that because she relied on the doctrine of res ipsa loquitur — a legal theory under which “the thing speaks for itself,” meaning that an inference of negligence is supported when an injury would not have occurred if not for negligence on behalf of the person who controlled the object causing the injury — she would not need to present a declaration from an expert in support of her position.
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Emergency Medicine Trainees More Likely Sued Than Radiology Trainees
Medical malpractice claims naming physician trainees is infrequent, and the number of lawsuits is trending downward over time, according to the authors of a study.
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Do Not Promise Success, and Document Well
There are two things healthcare professionals can do to position themselves for a good defense in case of a malpractice lawsuit. First, do not promise patients success or even imply it. Also, be careful when creating policies and procedures.
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Avoid the Most Common Mistakes When Facing a Lawsuit
When a healthcare professional receives notice of a lawsuit, everything he or she does from that moment forward can affect the outcome, for better or worse. Knowing the most common mistakes to avoid can help lead to the best resolution.
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Emergency Medicine Trainees More Likely Sued Than Radiology Trainees
Expanding the frequency and improving the quality of communication between radiologists and emergency physicians about imaging studies is always a good practice to facilitate patient care and mitigate mutual risk.