Articles Tagged With: Malpractice
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Ohio Court Revives Allergic Reaction Malpractice Suit
Before considering the statute of limitations aspects of this case, a healthcare professional should be cognizant of both the potential direct and indirect liability for failure to review and consider a patient’s medical history. Patient allergies are a crucial aspect of history-gathering since this may bring potentially life-threatening consequences.
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Appeals Court Upholds Decision Finding Chiropractor Not Liable for Patient’s Death
This case shows the importance of enlisting a properly qualified expert witness. When a plaintiff files a medical negligence claim, he or she must provide expert testimony to prove not only was the defendant negligent, but also the defendant’s negligence caused the plaintiff’s injury.
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Pandemic-Delayed Lawsuits Are Coming to Court
The COVID-19 pandemic paused the usual flow of medical malpractice lawsuits, but it appears that is ending. Hospitals and clinicians are seeing more filings, which could put unusual pressure on risk managers, defense counsel, and insurers.
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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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Appellate Court Rules Affidavit of Merit Statute Does Not Cover LPNs
One obvious lesson here is in the use of appeals. The appellate division found “[t]he AOM statute was enacted in 1995 as part of a tort reform package,” but ultimately concluded the tort reform did not extend to LPNs. While the appeal affirmed the trial court’s denial of defendant’s motion to dismiss, the opposite easily could have occurred whereby a more liberal panel could have interpreted the statute to include LPNs.
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Not a Simple Conversation: Understand Depositions and How to Prepare
It is likely any healthcare litigation will include depositions in which clinicians and administrators are asked questions under oath. The information provided can be critical to the outcome of the case. Depositions can be stressful and difficult for people not accustomed to them. Risk managers can help by preparing participants for this experience.
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Improve Documentation for Compliance, Med/Mal Defense
Good documentation is the foundation of any solid malpractice defense and proper continuity of care argument, so risk managers constantly urge clinicians to make meticulous notes. But there are many ways in which documentation can fall short. Frequent education and adjustment to technological changes can be key to making good documentation.
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Former NFL Running Back Awarded $28.5 Million in Medical Malpractice Case
In this matter, the principal issue related to the physician’s failure to evaluate, diagnose, and treat the patient’s talus bone and cartilage condition. The plaintiff argued the physician delayed and/or misdiagnosed his condition and provided improper treatment, resulting in permanent damage. Unfortunately, misdiagnosis and delay in diagnosis of orthopedic conditions are common forms of medical malpractice.
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Video Recording Raises Risk, Requires Policy Consideration
Video recording has been problematic in healthcare for decades, ever since the home video camera became common. With the proliferation of smartphones and remote video monitoring, hospitals and health systems are facing a new wave of questions and potential risks from video recording in patient care settings.
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Contraceptive Injection Mix-Up Leads to Unwanted Birth, $10 Million Verdict
There are two principal ramifications arising from this decision that relate to a healthcare provider’s failure to adhere to the accepted standard of contraceptive care. First, a patient’s reason for seeking reproductive healthcare does not limit the scope of a negligent provider’s liability as a matter of state law.