Articles Tagged With: lawsuit
-
‘Take Care of Maya’ Verdict Could Have Chilling Effect
A recent $261 million judgment against a hospital could have a chilling effect on hospitals trying to weigh the obligation to protect minor patients against the parents’ rights to see the child. The case received substantial media attention, which could influence the way clinicians and administrators handle such cases.
-
How to Identify and Defend Against Malicious Lawsuits
Every lawsuit against a healthcare provider is costly and time-consuming, even if the defendant prevails in the end. But it is especially frustrating when it seems there was never any legitimacy to the action. Determining when a plaintiff’s actions constitute a malicious lawsuit can be difficult — and the recourse for the defendant may be limited.
-
Even One Paid Malpractice Claim Predicts More in the Future
Physicians with even one single paid malpractice claim are much more likely than those with no paid claims to experience more paid claims later, according to a recent study. Researchers examined all paid malpractice claims against U.S. physicians between 2004 and 2018. They found paid claims are not the result of bad luck or an inevitable part of practicing medicine, as many physicians think.
-
FDA’s Decision to Allow Pharmacy Sales of Mifepristone Faces Challenges
The decision by the FDA to permit retail pharmacies to dispense medication abortion pills could remove barriers related to time, distance, and costs for patients in states with laws legalizing abortion care. One possible risk is a lawsuit filed by the Alliance for Hippocratic Medicine, an anti-abortion group that claims the FDA did not approve mifepristone with sufficient scientific evidence.
-
More Consumers Suing After Healthcare Data Breaches
Consumers are suing companies more often for data breaches that expose their private information, according to one law firm’s experience. Healthcare organizations are seeing the biggest increases in this type of litigation.
-
Late Actor’s Family Reaches $1 Million Settlement in Wrongful Death Lawsuit
The hospital that staffed the “cowboy” surgeon failed in its duty to protect the community from the unsavory practices of this unproctored, non-credentialed member of their medical staff. Given the fact that hospital and medical staff leadership not only were aware of his rogue behavior, but they encouraged and enabled the behavior until the inevitable occurred and a life was lost, the breach of duty and the culpability of the defendant parties is overwhelmingly apparent. -
$4.25 Million Failed Diagnosis Award Reduced to $250,000 by Statutory Cap
The issue in this case is whether MICRA’s cap on noneconomic damages applies to actions against physician assistants where a licensed physician is legally responsible for supervising the physician assistant but provides minimal or no actual supervision. -
Understand Discovery Rules and Limits to Protect Confidential Information
Discovery is one of the first steps in malpractice litigation. It is crucial for risk managers to understand what information can be demanded by opposing attorneys. A proper understanding of the process can guide both how healthcare organizations conduct investigations and the outcome of litigation. -
Appellate Court Revives Lawsuit Against Hospital for Harvesting Organs Despite Objections
This case shows the standard of review for a plaintiff’s success on a claim of intentional infliction of emotional distress against a hospital.
-
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.