Articles Tagged With: Malpractice
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$4.25 Million Failed Diagnosis Award Reduced to $250,000 by Statutory Cap
The issue in this case is whether MICRA’s cap on noneconomic damages applies to actions against physician assistants where a licensed physician is legally responsible for supervising the physician assistant but provides minimal or no actual supervision. -
Discovery Requests Often Are Overly Broad, Can Be Abused
Discovery requests from plaintiffs’ attorneys can be overly broad in an attempt to obtain records the defendant does not have to provide. However, the bar is high when making that claim to the court. The defense can object to what it considers an overly broad discovery request, but the objection often is unsuccessful because the scope of discovery is quite broad. -
Understand Discovery Rules and Limits to Protect Confidential Information
Discovery is one of the first steps in malpractice litigation. It is crucial for risk managers to understand what information can be demanded by opposing attorneys. A proper understanding of the process can guide both how healthcare organizations conduct investigations and the outcome of litigation. -
ED Providers Are Frequent Defendants in Aortic Pathology Malpractice Claims
Making the diagnosis is everything — to avoid patient injury and, ultimately, to avoid litigation.
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Judge Rejects Defendant’s Bid to Dismiss Failed Diagnosis Suit
This case illustrates a hospital’s standard of care and the standards for subsequent expert witness reports that address this standard of care. -
Appeals Court Declines to Overturn $3.2 Million Verdict in Negligent Rectal Tear Case
The main issue in this appeal is whether the plaintiff presented sufficient evidence to support a medical malpractice claim. To prevail in a malpractice action, the plaintiff must prove the standard of care, a deviation from that standard of care, and a causal connection between the deviation and the claimed injury. -
Legal Exposure if EMS Are Noncompliant with Stroke Guidelines
If clinicians miss a stroke diagnosis or delay care for that condition, plaintiff attorneys are going to scrutinize everything ED providers could have done differently. However, whatever problems there are or were all could have started well before the patient arrived at the facility. In fact, most patients receive prehospital stroke care from EMS that is noncompliant with American Stroke Association guidelines.
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Appeals Court Denies Hospital’s Objection to Expert Witness Report
This case shows the importance of expert testimony in reporting the standard of care. However, the legal requirements for expert witnesses are fairly minimal. -
Improving Patient Handoffs Helps Reduce Malpractice Claims
Patient handoffs affect safety, although it is possible malpractice risk is a downstream effect. A large study of malpractice claims revealed a direct relationship between the quality of patient handoffs and claims. -
Take the Right Steps to Speed Resolution of Malpractice Litigation
Steps taken in the early phase of malpractice litigation can significantly affect the length of the case, with the right moves resulting in a faster, cheaper resolution. On the other hand, missteps and oversights can draw out the case, costing more in legal fees and more on the eventual settlement.