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Articles Tagged With: Malpractice

  • Cardiology, Stroke Malpractice Cases Involve ED Providers’ Communication Gaps

    Cutting corners with poor communication can lead to devastating patient outcomes.

  • Severe Brain Injuries Caused by Postnatal Negligence Results in $35 Million Verdict

    One of the major takeaways from this case relates to the substantial adverse verdict imposed by the jury here: Nearly $35 million dollars, primarily allocated to the lifetime of anticipated medical expenses. Past and future expenses are a critical component that medical malpractice patients seek to recover. When the patient is an injured child, a lifetime of injuries can cascade into massive damages through projections and estimates of permanent or extensive medical care.
  • Misdiagnosis of Infection Leads to Injuries and $500,000 Award

    This case presents interesting lessons in both substance of medical malpractice cases and in procedures for resolving allegations of medical malpractice. On the substance, the primary issues in this case revolved around the delayed diagnosis: whether the delay fell below the applicable standard of care, and whether the delay directly caused the patient’s injuries. A patient alleging medical malpractice has the burden of demonstrating both of these elements, among others.
  • Medical Simulators Can Prevent Med Mal Claims

    Using medical simulators for obstetrics training can lower the incidence of medical malpractice claims, according to recent research from CRICO/Risk Management Foundation of the Harvard Medical Institutions, Brigham and Women’s Hospital, Harvard Medical School, and the Center for Medical Simulation. OB/GYNs who participated in medical simulation training experienced fewer claims in the retrospective analysis. The researchers compared malpractice claim rates for 292 OB/GYNs who were insured by the same company and attended at least one simulation training session over 17 years.
  • Spoliation Instruction Is Major Risk to Avoid

    When dealing with video that might be used in a malpractice or premises liability case, the risk of spoliation arises when the owner of the evidence knows it could be relevant to the case and destroys it anyway. When that happens, the court may order the jury to assume that whatever was on the video was damaging to the party that destroyed it.
  • Surveillance Video Can Make or Break Med Mal Defense

    Video surveillance data can be either helpful or harmful in defending a malpractice claim. Healthcare organizations should strictly adhere to their policies on the preservation of video.
  • Post-COVID Could Bring Surge in Med Mal Cases

    The COVID-19 pandemic still has many hospitals and healthcare facilities straining to maintain anything like normal operations. But that pressure will eventually ease, and more patients will return for routine care and elective surgeries. Some risk managers and healthcare leaders worry this will prompt an increase in medical malpractice cases.
  • Nursing License Complaints Must Be Taken Seriously, Avoided if Possible

    A complaint filed against a nursing license can destroy a nurse’s career. It is crucial for risk managers and nurses to understand the risks and the best practices to protect against these complaints.
  • No Liability for Hospital Under Emergency Medical Treatment and Labor Act

    This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment.
  • ED Nurses Feel Unprepared for Mental Health Complaints

    Engaging with the patient can help ED nurses avoid these risky situations. Nurses can notice subtle signs of escalation, treat with medications when appropriate, offer food, perform regular assessments, and facilitate hygiene. It also is important for ED nurses to demonstrate they did everything in their power to transfer the patient to a higher level of care, if that is what the patient needs.