Articles Tagged With: Malpractice
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North Carolina Supreme Court Rejects Loss of Chance Doctrine
The loss of chance doctrine can be a strong tool for plaintiffs to recover damages when a physician’s failure to follow a certain course of treatment resulted in the patient losing the opportunity of a better outcome. It is important to consult with qualified legal counsel in the local jurisdiction to ascertain whether it applies, and with what potential nuances.
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Court of Appeals Reverses Doctor’s Trial Court Win in Botched Spinal Surgery Case
Although the plaintiff’s expert provided some controversial comments on the standard of care, it is likely that, if given his well-established expertise, a proper analysis and explanation of his testimony will, at the very least, increase the plaintiff’s odds of obtaining a favorable verdict. There always is a standard of care, especially for relatively common procedures. The standard may not exist in written form. Instead, it is considered to be what a reasonable physician would do in similar circumstances within the same community.
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Finger-Pointing in Nurse Charting Is Opportunity for Plaintiff
Emergency nurses and physicians may not understand the liability implications of using charts to air grievances. A unified defense is recognized as the best approach for all defendants in ED malpractice claims, but finger-pointing notes make it difficult. Physicians and nurses should meet briefly before each shift to discuss the importance of teamwork, not only regarding patient care but also documentation.
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Misdiagnosis Top Allegation in Aortic Dissection Malpractice Claims
Failure to timely diagnose, failure to order diagnostic tests, and failure to interpret diagnostic tests were the most frequent allegations in malpractice claims involving aortic dissection, according to an analysis of claims filed between 1994 and 2019.
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Documentation Can Determine Outcome of Missed Myocardial Infarction Lawsuit
Some charts might indicate there was chest pain and an abnormal ECG, but the patient was discharged with no explanation. Plaintiffs can use this to make a case the emergency physician missed classic presentation of myocardial infarction. Counter this allegation with specific documentation outlined here.
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Cardiology-Related Misdiagnoses Frequently Alleged in ED Malpractice Claims
In an analysis, 58% of claims against emergency physicians resulted from misdiagnosis. Diagnosis-related allegations were more common in emergency medicine-related claims (58% of claims) than in claims involving internists (42% of claims). The most common final diagnoses were myocardial infarction, pulmonary embolus, and cardiac arrest.
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Court Orders New Trial Over Hospital’s Improper Closing Arguments
The appellate court’s decision focused on whether the non-party status of the nurse who allegedly dropped plaintiff was determinative in the case at hand. The court of appeals found the trial court failed to exercise its full range of discretion and had not carefully considered the fact that although the nurse was not a party to the case, her conduct was the object of the case, and it was unclear whether the jury fully understood that she was not a party to the matter.
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Hospital to Stand Trial for Botched Brain Surgery Performed with Recalled Laser
As often is the case in medical malpractice cases, defendants made a concerted effort to dismiss the case based on the insufficiency of the plaintiff’s expert report. Here, however, the court of appeals began its analysis by specifying that based on the applicable standard of review, the purpose of the plaintiffs’ expert report is to demonstrate the plaintiff is not filing a frivolous lawsuit.
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Defense Verdict Rejects $16 Million Demand, but 14-Minute Deliberation Gives Rise to an Appeal
A widow filed a malpractice action alleging a hospital’s failure to evaluate the patient, which would have revealed extreme respiratory distress. The patient’s death was caused by a lack of oxygen. Experts testified that if the patient had been placed on a ventilator, he would have had a significantly higher chance of surviving his condition, pneumonia. Following a seven-day trial, the jury rendered a defense verdict after a mere 14 minutes of deliberation. The plaintiff brought a post-trial motion seeking to overturn the decision, and the court ordered a new trial.
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Vascular Complications Common Allegation in Lawsuits Against ED Nurses
It is unclear whether the claims involved IV infiltration, thrombophlebitis, pain caused by multiple sticks, or inadvertent arterial placement. Prevention efforts might include procedural training, integration of ultrasound in IV placement, or escalation of patients with difficult access to providers who specialize in IV access.