Articles Tagged With: Malpractice
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Burden of Harm from Diagnostic Error Still High
A new analysis of diagnostic error data revealed an estimated 795,000 Americans die or are permanently disabled by diagnostic error each year. Vascular events, infections, and cancers account for 75% of the serious harms.
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IV Failures Becoming Major Malpractice Risk
Up to half of IVs fail. In many cases, those failures cause serious harm to the patient, ranging from medication dosing errors to amputation and death. Malpractice cases based on IV failures are a growing concern for hospitals and health systems.
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Failure to Inspect Patient After Cesarean Section Leads to Cardiac Arrests and Hysterectomy, $8 Million Award
This case serves as a stark reminder to medical professionals about the critical importance of closely monitoring patients after surgery and preparing to intervene promptly if complications arise. The incident underscores the significance of knowing the risks and potential complications associated with emergency cesarean sections.
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Legal Exposure if Patient Is Not Reassessed in ED Waiting Room
An attorney offers some recommendations for emergency physicians concerned about liability when patients are not reassessed in waiting rooms.
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Some ED Malpractice Lawsuits Hinge on Security Camera Footage
Security footage of ED waiting rooms is relevant to claims alleging delayed triage, failure to re-assess the patient during a long wait, or failure to intervene if a patient deteriorated in the waiting room. However, many claims involve allegations of delayed treatment or diagnosis. What happened in the waiting room, before the patient was brought back for evaluation, could have contributed to a poor outcome.
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Catastrophic Birth Injury Results in $7.75 Million Award and Insurance Litigation
This case provides lessons concerning aspects of malpractice litigation that do not focus on challenging the actions of the care providers. Just as providers owe duties to their patients, insurance providers have their own set of duties and obligations that are owed to their insureds. A failure to abide by those duties may subject the insurer to liability from their insured, as resulted in this case.
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Misdiagnosis Leads to Premature Emergency Delivery, Severe Brain Damage, and $34 Million Verdict
Misdiagnosis or delayed diagnosis is one of the most — if not the most — common causes of medical malpractice claims. A failure to timely diagnose a condition may render the subsequent treatment ineffective or may preclude any treatment.
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Does a Clinical Decision Aid Constitute the Legal Standard of Care?
Each emergency physician should undertake the appropriate medical approach to evaluating a patient, regardless of any recommended course of action. The medical record should support using the recommended path or justify another course of action.
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Malpractice Lawsuits Allege ED Missed Intracranial Aneurysms
Failure to image patients is a relatively frequent cause of litigation, but it should be seen in context. It is not so much incorrect interpretations of imaging studies; rather, failure to consider the possibility of an aneurysm, resulting in an inadequate workup, is a more common allegation.
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Med/Mal Claims Focus on Decision Aid Findings from ECGs, Radiology Tests
If the radiologist does not address computer findings directly, the ED clinician is left to make assumptions about what the radiologist has found significant or insignificant. If radiologists are not routinely addressing computer findings, emergency providers will spend resources attempting to sift through reports and images, trying to rule in or out what the computer has found. Radiologists should acknowledge computer findings, and comment on why or why not the finding is accurate and significant to the patient’s care.