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Articles Tagged With: Malpractice

  • Diagnostic Errors Often Prompt Patients to Sue

    The main reason patients sue is for an adverse event caused by delayed, missed, or failed diagnosis. Another reason patients sue is due to failure of communication, which led to an adverse event. Efforts to convey a sense of caring can reduce the likelihood of a lawsuit.
  • Avoid the Common Mistakes That Encourage Patients to Sue

    Much of risk management is focused on avoiding liability and discouraging lawsuits, but what really makes a patient or family decide to sue? Much of the motivation comes from how they feel after interactions with physicians and staff — or the lack thereof. The biggest factor in a patient or family filing a medical malpractice lawsuit is the patient-physician relationship.
  • Communication and Resolution Programs Are Alternative to Malpractice Claims

    Considering signs of financial uncertainty in liability insurance markets, it is an excellent time for EDs to study communication and resolution programs as an alternative to malpractice litigation, the authors of a recent paper argued.

  • Appellate Court Upholds Judgment Against Patient Over Lack of Expert Testimony

    The appellate court’s analysis in this case highlights how the application of res ipsa loquitur to medical malpractice cases still requires expert opinion. In fact, plaintiff was under the mistaken impression that because she relied on the doctrine of res ipsa loquitur — a legal theory under which “the thing speaks for itself,” meaning that an inference of negligence is supported when an injury would not have occurred if not for negligence on behalf of the person who controlled the object causing the injury — she would not need to present a declaration from an expert in support of her position.

  • Emergency Medicine Trainees More Likely Sued Than Radiology Trainees

    Medical malpractice claims naming physician trainees is infrequent, and the number of lawsuits is trending downward over time, according to the authors of a study.

  • Do Not Promise Success, and Document Well

    There are two things healthcare professionals can do to position themselves for a good defense in case of a malpractice lawsuit. First, do not promise patients success or even imply it. Also, be careful when creating policies and procedures.

  • Avoid the Most Common Mistakes When Facing a Lawsuit

    When a healthcare professional receives notice of a lawsuit, everything he or she does from that moment forward can affect the outcome, for better or worse. Knowing the most common mistakes to avoid can help lead to the best resolution.

  • Emergency Medicine Trainees More Likely Sued Than Radiology Trainees

    Expanding the frequency and improving the quality of communication between radiologists and emergency physicians about imaging studies is always a good practice to facilitate patient care and mitigate mutual risk.

  • 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.

  • 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.