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Articles Tagged With: Malpractice

  • Cardiology-Related Misdiagnoses Frequently Alleged in ED Malpractice Claims

    In an analysis, 58% of claims against emergency physicians resulted from misdiagnosis. Diagnosis-related allegations were more common in emergency medicine-related claims (58% of claims) than in claims involving internists (42% of claims). The most common final diagnoses were myocardial infarction, pulmonary embolus, and cardiac arrest.

  • Court Orders New Trial Over Hospital’s Improper Closing Arguments

    The appellate court’s decision focused on whether the non-party status of the nurse who allegedly dropped plaintiff was determinative in the case at hand. The court of appeals found the trial court failed to exercise its full range of discretion and had not carefully considered the fact that although the nurse was not a party to the case, her conduct was the object of the case, and it was unclear whether the jury fully understood that she was not a party to the matter.

  • Hospital to Stand Trial for Botched Brain Surgery Performed with Recalled Laser

    As often is the case in medical malpractice cases, defendants made a concerted effort to dismiss the case based on the insufficiency of the plaintiff’s expert report. Here, however, the court of appeals began its analysis by specifying that based on the applicable standard of review, the purpose of the plaintiffs’ expert report is to demonstrate the plaintiff is not filing a frivolous lawsuit.

  • Defense Verdict Rejects $16 Million Demand, but 14-Minute Deliberation Gives Rise to an Appeal

    A widow filed a malpractice action alleging a hospital’s failure to evaluate the patient, which would have revealed extreme respiratory distress. The patient’s death was caused by a lack of oxygen. Experts testified that if the patient had been placed on a ventilator, he would have had a significantly higher chance of surviving his condition, pneumonia. Following a seven-day trial, the jury rendered a defense verdict after a mere 14 minutes of deliberation. The plaintiff brought a post-trial motion seeking to overturn the decision, and the court ordered a new trial.

  • Vascular Complications Common Allegation in Lawsuits Against ED Nurses

    It is unclear whether the claims involved IV infiltration, thrombophlebitis, pain caused by multiple sticks, or inadvertent arterial placement. Prevention efforts might include procedural training, integration of ultrasound in IV placement, or escalation of patients with difficult access to providers who specialize in IV access.

  • Court Vacates $911,000 Malpractice Verdict on Expert Testimony Rule

    This case provides another example of how trial strategy and preparation is essential to the positive outcome of a case, with particular focus on the selection and retention of expert witnesses. Expert witnesses often can make or break a case, and that is true for either party in a medical malpractice action.

  • Surviving Spouse Awarded $1.1 Million for Patient’s Delayed Cancer Diagnosis

    Although the parties disputed several essential facts in this case, one important, incontrovertible fact was the patient missed several follow-up appointments, failed to schedule tests recommended by the care providers, and thus contributed to her injuries. Physicians and care providers only have so much ability to compel patients to seek treatment.

  • Online Ratings Pose Risk of Defamation, May Need Response

    The risk of defamation increases with the proliferation of online rating services in the medical industry, experts say.

  • What to Do When Malpractice Allegations Become Defamation

    Medical malpractice litigation can get ugly, with passionate plaintiffs and indignant clinicians or hospital administrators firing off heated accusations and insults. But where is the line where a malpractice allegation becomes defamation? What can be done when that happens?

  • Partly Driven by Defensive Medicine, ED Imaging Orders Rise Dramatically

    Investigators analyzed advanced Medicare imaging use and paid malpractice claims, examining claims data for a 5% sample of Medicare beneficiaries from 2004 to 2016 and the National Practitioner Data Bank. For every 1% increase in the number of paid malpractice claims, there was a corresponding 0.20% increase in advanced imaging use.