Articles Tagged With: causation
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Defendants Prevail Against Malpractice Claims Related to Hernia Surgery and Medication List
This case has many lessons to learn from the multiple defendants, multiple theories of malpractice liability, and multiple defenses. Perhaps one of the more interesting aspects of this case relates to the patient’s primary care physician, who was one of the two remaining defendants when the matter proceeded to trial.
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Defense Decision Reinstated for Patient’s Failure to Provide Expert Testimony
An important lesson from this case focuses on a critical aspect of medical malpractice cases: causation. Generally, the legal standard is that the care provider’s conduct must have been a substantial factor in causing harm such that a reasonable person would consider the conduct to have contributed to the harm.
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Catastrophic Birth Injury Results in $7.75 Million Award and Insurance Litigation
This case provides lessons concerning aspects of malpractice litigation that do not focus on challenging the actions of the care providers. Just as providers owe duties to their patients, insurance providers have their own set of duties and obligations that are owed to their insureds. A failure to abide by those duties may subject the insurer to liability from their insured, as resulted in this case.
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Court Issues Ruling on False Claims Act
Healthcare providers received some news from the United States Court of Appeals for the Eighth Circuit, with a ruling that makes proving fraud or falsity under Anti-Kickback Statute more difficult.
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No Liability for Telemedicine Company or Hospital Over Stroke Treatment
This case confirms the importance of timely treatment and how providers can defend against claims of failure to provide such treatment. Frequently, a patient’s condition requires time-sensitive treatment, and the failure to do so may constitute medical malpractice if a similar physician under such circumstances would provide that timely care.
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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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Expert Failed to Sufficiently Connect Increased Risk of Harm to Actual Causation of Harm
This case illustrates the standard of causation used in wrongful death and other actions alleging a patient’s injuries were caused by a doctor’s or hospital’s negligence. In this case, the expert essentially testified to several actions by the hospital and attending physician that increased the risk of injury to the patient, but did not specifically conclude any one or more of those allegedly negligent actions actually caused the patient’s death. -
Causation Difficult for Plaintiff in ED Malpractice Claim
Generally, plaintiff attorneys find some aspect of care that was arguably beneath the standard of care. Likewise, they can show the ED provider was acting in the scope of his or her employment. However, causation often is a difficult problem.