Articles Tagged With: expert
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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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Avoid the Most Common Mistakes When Facing a Lawsuit
When a healthcare professional receives notice of a lawsuit, everything he or she does from that moment forward can affect the outcome, for better or worse. Knowing the most common mistakes to avoid can help lead to the best resolution.
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Court of Appeals Reverses Doctor’s Trial Court Win in Botched Spinal Surgery Case
Although the plaintiff’s expert provided some controversial comments on the standard of care, it is likely that, if given his well-established expertise, a proper analysis and explanation of his testimony will, at the very least, increase the plaintiff’s odds of obtaining a favorable verdict. There always is a standard of care, especially for relatively common procedures. The standard may not exist in written form. Instead, it is considered to be what a reasonable physician would do in similar circumstances within the same community.
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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.
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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.
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Court Rules Defendants Must Face Malpractice Suit After Botched Delivery, Death of Twin
As with many medical malpractice cases, the primary issues in this case revolve around expert witnesses, who are almost always necessary and who can make or break a malpractice defense.
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Expert Tips for Handling Malpractice Claims
It is important to approach every potential lawsuit with the right mindset from early on, even before receiving notice of a claim. Experts highlight some of the biggest pitfalls in handling malpractice claims.
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Failure to Diagnose and Treat Infection After Surgery Results in $2.75 Million Award
This case demonstrates the need to carefully monitor patients during the relevant times, particularly during and after surgery, and to investigate abnormal conditions. The primary basis for the medical malpractice liability in this case was the surgeon’s failure to diagnose and timely treat the infection, which escalated and caused severe, irreparable damage and pain to the patient.
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Insufficient Expert Report Leads to Partial Defense Dismissal in Botched Hysterectomy Suit
A major lesson from this case is a successful avenue for physicians and care providers to challenge a patient’s inadequate claim: by undermining a patient’s expert. While the patient’s case against the physician defendant has yet to be decided, this ruling in favor of the hospital defendant provides an opportunity for defendants generally.
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State Supreme Court Orders New Trial in Childbirth Death Suit
This case reveals the indisputable importance of experts. Important lessons from this case relate to challenging the sufficiency of such experts and whether the experts have offered opinions relevant to the proceedings. Who qualifies as an “expert” may be the proper subject of debate.