Articles Tagged With: jury
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Documenting Understaffing Could Sound Like Blame-Shifting to a Jury
Jurors are going to expect everyone in the ED is working together for the patient’s benefit. If the emergency physician has valid safety concerns, the medical record is not the place to voice those. Patient safety committees or the peer review process are better options, and generally are not discoverable during malpractice litigation.
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‘COVID Glow’ May Bring Benefits in Malpractice Litigation
Hospitals and other healthcare organizations could benefit from a COVID-19 “glow” or “halo effect” in which medical malpractice juries look more favorably on defendants because of the public’s positive perception of healthcare workers. The portrayal of doctors and nurses as heroes might leave a lasting impression that affects how jurors perceive defense arguments. -
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.
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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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Timing of Pulmonary Embolism Crucial Factor in ED Malpractice Claims
After recently reviewing a missed pulmonary embolism malpractice case against an emergency physician, an expert found some disturbing implications.
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Doctor’s Jury Verdict Affirmed in Planted Gun Case
A hospital’s chief of staff opposed its acquisition by a holding company, which he believed lacked the financial backing to operate the facility properly. He feared that client safety would be put in jeopardy should the holding company take over
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$1.45 Million EMTALA Award Despite Rendering Aid
The Kentucky Supreme Court recently affirmed an award of punitive damages against a hospital for violating the Emergency Medical Treatment and Labor Act that was 386 times the hospital’s share of compensatory damages. The jury originally awarded $1.5 million in punitive damages against the hospital, which was later reduced to $1.45 million.
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Treating Physician Did Not Violate Standard of Care for Failure to Treat Brain Swelling, Jury Finds
A 12-year-old girl was taken by ambulance to a hospital. She exhibited symptoms of hyperglycemia, abnormal respiration, and an accelerated heart rate. The physician in the emergency department treated her with insulin. Ten minutes later, the physician noted that the patient had acidemia (significant amounts of acid in the blood).
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Jury Awards Man’s Estate $950,000 After Physician Failed to Adequately Test for His Heart Condition
In 2008, a man went to a hospital complaining of chest pains. The man’s treating physician at the hospital administered tests and diagnosed him with a peptic ulcer.