Articles Tagged With: Malpractice
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Appellate Court Reinstates Claims of Negligent Treatment Causing Permanent Disability
A three-judge appeals panel in Illinois reinstated claims by a patient with multiple sclerosis for her neurologist’s negligence in treating her disorder. The treatment caused the patient’s permanent disability. The trial court originally rejected the patient’s amended complaint. -
Use of Defective Laser Leads to $9.7 Million Verdict Against Hospital
This case shows the importance of informed consent in medical negligence cases and defines how strictly a court upholds the standard of care when informing a patient of the asserted risks of a procedure outside the scope of a doctor’s expertise. -
Stay Vigilant About Malpractice Risks with Telemedicine
The dramatic increase in the use of telemedicine is raising concerns about the potential for malpractice issues related to this form of caregiving, with some experts cautioning a wave of lawsuits could be on the way. Adherence to key principles of patient safety and risk management can reduce the risk. -
Damages, Causation Are Obstacles in Abdominal Pain Med/Mal Cases
Many older ED patients are living with a host of preexisting conditions, which, coupled with the patient’s age, argue against investing the needed time and money to pursue a malpractice claim. Even if there is clear liability and causation, the case of misdiagnosed abdominal pain still might not be worth pursuing from a financial standpoint.
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Evidence Shows Apology Laws Are Largely Ineffective
What was once a nagging suspicion is becoming established fact. There is growing evidence demonstrating the “apology laws” enacted by most states to protect clinicians after adverse events have little positive effect. These apologies might even encourage patients to sue, and they can work against a defendant during trial. -
Birth Injury Suit Defense Verdict Upheld in Favor of Physician and Practice Group
Lessons from this case on the law may be unique to this state, but it demonstrates the importance of reviewing a physician or care provider’s applicable laws for any such special protections. In a different state, the outcome here could have been dramatically different: The physician was negligent and the patient was injured, which could have resulted in a jury awarding millions of dollars for lifelong injuries requiring ongoing medical care. But here, the negligent physician was protected by the state law.
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Cardiology, Stroke Malpractice Cases Involve ED Providers’ Communication Gaps
Cutting corners with poor communication can lead to devastating patient outcomes.
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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.