Articles Tagged With: lawsuit
-
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. -
$3 Million Judgment for Delayed Cancer Diagnosis
This case presents lessons getting to the substantive heart of medical malpractice actions: Liability arises if a physician or care provider fails to abide by the applicable standard of care and that failure causes harm to the patient. -
What to Do When a Patient Threatens to Sue
The moments after a patient threatens to sue for medical malpractice can be critical. How clinicians and risk managers react can affect the likelihood of a lawsuit and its outcome. -
No Liability for Hospital Under Emergency Medical Treatment and Labor Act
This case highlights important provisions of EMTALA, which is a less common basis for allegations of improper medical care when compared to standard allegations of medical malpractice. It also is an important reminder about how courts evaluate allegations of fraudulent concealment. -
Undiagnosed Brain Tumor Results in Permanent Brain Damage, $3.35 Million Award
In this case, the physician’s liability was a case of failure to diagnose, a particularly concerning result given the physician’s treatment of the patient over the course of more than four years. A failure to diagnose, or a delayed diagnosis, can cause significant injuries or dramatically worsen the patient’s condition. -
Healthcare Employers Can Mandate Vaccines, but Some Caution Necessary
Guidance from the Equal Employment Opportunity Commission indicates healthcare employers can require employees to receive a COVID-19 vaccine. These mandates come with some obligations and risks. -
Vaccine Mandates Gain Momentum
A federal judge in Texas dismissed a lawsuit filed against Houston Methodist Hospital for mandating the COVID-19 vaccine for healthcare workers as a condition of employment. The plaintiffs are appealing the dismissal, but the action sends a shot across the bow to healthcare workers and others who plan to challenge mandated COVID-19 vaccination programs in hospitals. -
COVID-19 Vaccine Mandates: Too Soon, Inevitable, or Both?
Healthcare facilities likely will win the burgeoning legal fight to mandate COVID-19 vaccination as a condition of employment, providing they allow for medical and religious exemptions.
-
Damages Award Increased to Reflect Pain and Suffering from Feeding Tube
While it always is necessary to consult with local counsel (as damages analyses can vary by state), this case suggests an expansion of the traditional concept of how courts and experts calculate pain and suffering. -
‘Total Breakdown in Communication’ Led to Settlement of Advance Directive Case
EDs can learn a lot from this particular case about how to avoid litigation for disregarding advance directives.