Articles Tagged With: Malpractice
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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.
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Just One Malpractice Payout Means Far Higher Risk for Future Claims
Of 841,961 physicians with zero paid claims in the 2009-2013 period, only 3.3% were the subject of one or more claims in the next five years (2018-2023). Of 34,512 physicians with one paid claim in the prior period, 12% were the subject of one or more claims in the next five years. Of 4,189 physicians with two paid claims in the prior period, 22.4% were the subject of one or more claims in the next five years. Of 1,214 physicians with three paid claims in the prior period, 37% were the subject of one or more claims in the next five years.
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EDs Can Mitigate Malpractice Perils of High-Risk Medications
Many emergency providers are hesitant to deprescribe medications taken by a patient they just met. Some are more open to the idea in certain cases, such as blood pressure medications associated with side effects or adverse outcomes. But if patients cannot identify the high-risk medications they are taking, or if the link between the medication and the chief complaint is weak, it makes the task harder.
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Endotracheal Intubation Lawsuits Often Name ED Providers
After analyzing 214 relevant claims, researchers reported payments averaged $2.5 million. Intubation injuries occurred in the operating room most often, followed by the ED (16.3% of cases). Most cases involving the ED resulted in some type of payout (either a settlement or a jury award). Anesthesiologists were most likely to be named in the lawsuits (59.8%), and EPs were second most likely (19.2%) to be named. The vast majority of claims (89.2%) alleged permanent deficits, half the cases involved death, and 37.4% of the cases involved anoxic brain injury.
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Plaintiff Can Pursue Alternate Liability in Claim of Missed Cancer
This case is a lesson in the difference between joint and successive tortfeasors. A physician’s potential liability may be determined by this distinction.
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Malpractice During Cardiac Catheterization Results in Death, $4.36 Million Verdict
This case highlights both the direct and indirect liability in a medical malpractice action, particularly where the negligent acts are performed by an employee. Here, the principal issue is whether the surgeon failed to exercise reasonable care and diligence in performing the cardiac catheterization procedures, and whether said failure caused the patient’s death.
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Avoid Patient Abandonment Claims with Education, Follow-up
Patient abandonment claims can arise when a physician or hospital can no longer care for a patient or when there is insufficient follow-up. The risk can be ameliorated with proper procedures and communication.
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Appeals Court Dismisses Wrongful Death Lawsuit for Failure to Timely File Claim
This case is a fine example of the Government Claims Act and its application to public entities, including public health systems.
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Malpractice Lawsuits Allege Wrongful Prolongation of Life
The top problems in these cases are charting and communication among caregivers.
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Avoid Common Mistakes in Malpractice Cases
Handling an allegation of medical malpractice is never easy, but the experience and eventual outcome can be greatly improved by avoiding some of the most common mistakes. One of the biggest mistakes is altering a record after the fact.