Articles Tagged With: lawsuit
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Healthcare Entities Protected from Vaccine Liability, but Risks Remain
Healthcare organizations are afforded substantial protection from liability related to administering the COVID-19 vaccines, but there are ways to void that protection and create vulnerability for plaintiffs’ attorneys. With more than 100 million people fully vaccinated in the United States, it is inevitable some will try to claim damages and sue the organization that administered the vaccine. -
Most ED Malpractice Lawsuits Are Dropped, Withdrawn, or Dismissed
When an emergency physician is sued for malpractice, many immediately envision testifying in court before a jury. In reality, few ED claims (7.6%) make it that far. Most cases (65%) actually end up dropped, dismissed, or withdrawn, according to a recent analysis.
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Patient’s Notice of Claim Not Time-Barred for Filing Two Years After Injury
This case is important to learn how time restraints are applied in medical malpractice suits. All states use specific statutes of limitations, and some states enacted additional time requirements to prevent a patient from waiting too little or too long before notifying the medical provider of intention to file suit. -
Punitive Damages Award Upheld for Wrongful Death Action Alleging Mere Negligence
This case demonstrates the need to fully inform patients of their treatment options — especially in non-emergency situations — and to carefully monitor patients during the relevant times, particularly during and after surgery, and to investigate abnormal conditions appearing after the surgery. A well-considered and documented informed consent can be as important to the patient’s safety from harm — and the physician’s protection from litigation — as making the correct diagnoses, prescribing the appropriate medications, or skillfully performing the correct procedures. -
Diagnostic Errors Often Prompt Patients to Sue
The main reason patients sue is for an adverse event caused by delayed, missed, or failed diagnosis. Another reason patients sue is due to failure of communication, which led to an adverse event. Efforts to convey a sense of caring can reduce the likelihood of a lawsuit. -
Avoid the Common Mistakes That Encourage Patients to Sue
Much of risk management is focused on avoiding liability and discouraging lawsuits, but what really makes a patient or family decide to sue? Much of the motivation comes from how they feel after interactions with physicians and staff — or the lack thereof. The biggest factor in a patient or family filing a medical malpractice lawsuit is the patient-physician relationship. -
Do Not Promise Success, and Document Well
There are two things healthcare professionals can do to position themselves for a good defense in case of a malpractice lawsuit. First, do not promise patients success or even imply it. Also, be careful when creating policies and procedures.
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$12.5 Million False Claims Act Settlement Shows Government Loss Not Required
A False Claims Act lawsuit involving alleged kickbacks for placing drugs on formularies has been settled for $12.5 million. The case is instructive because it shows the False Claims Act can apply even when the government has not lost money from the alleged violations.
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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 Rejects Challenge to Federal Price Transparency Rule
Plaintiffs announced intention to appeal decision.