Articles Tagged With: Negligence
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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. -
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. -
Injury from Botched Hip Surgery ‘Speaks for Itself’ in Negligence Case
This case presents an interesting intersection between the facts and the law. Does the legal system compensate a patient who indisputably suffered a significant, permanent injury when an investigation cannot reveal how the injury occurred? This is where the legal doctrine of res ipsa loquitor becomes involved. -
Fraudulent Concealment Prevents Physician from Using Statute of Repose Defense
This case reveals the importance of providing patients with relevant information and documenting the provision of information in a timely fashion. In this case, the negligence focused on the physician’s failure to inform the patient about the kidney mass and failure to diagnose the cancer. When patients are not fully informed of material information, such as an abnormal mass, patients are deprived of the ability to make informed decisions. -
Expert Witness Opinion Insufficient to Advance Medical Malpractice Suit
This case confirms how expert testimony can significantly affect — or even solely determine — the outcome of a medical malpractice case. Expert opinions are almost inevitably necessary to enable a clearer and more technical understanding of disputed issues as those pertain to required elements for a medical malpractice action. -
Defense Ruling on Appeal for Radiologist Who Reviewed and Reported Imaging Results
This case demonstrates both procedural and substantive defenses for physicians and care providers. For the procedural side, the reversal by the appellate court reveals defendants in malpractice cases need not always wait for a jury to determine the care provider did not act negligently. -
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.
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Texas Appellate Court Orders Lawsuit Against Physician for Postoperative Injuries to Proceed
Once again, the focus of the court’s decision rests in the sufficiency of the expert report. Here, the appellate court studied the plaintiff’s proffered expert report and found it addressed all the deficiencies highlighted by the court during the first appeal.
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Incomplete Medication Lists Can Lead to Allegations of Negligence
Just 23% of older adults in the ED gave a medication list that mirrored pharmacy records, according to the results of an analysis. More than half the patients omitted antibiotics they were taking at the time of the visit. Not knowing about a medicine can lead to dangerous therapy or misdiagnosis.
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$3.1 Million Awarded to Veteran for Permanent Damages from Negligent Abscess Drainage
This case, and the significant monetary award, reveals some important lessons about liability and damages, including how statutory maximums can affect medical malpractice actions.