Articles Tagged With: litigation
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Is Diagnosis Uncertain in the ED? Clear Communication Is Needed
Patients likely expect to leave the emergency department with a definite understanding of what is wrong. Yet many patients are discharged or admitted with an uncertain diagnosis.
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Mixed Defense Rulings Related to Patient’s Death Yield Lessons Regarding Experts
Factually, there was no dispute about the patient’s cause of death — it resulted from an infection. Legally, the defendant physician’s initial challenge to the plaintiff’s case was not to directly attack that factual premise itself, but to instead challenge the plaintiff’s experts.
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Uptick in Surgical Fires Prompts Concern, Requires Action
A recent report on operating room fire safety warns that the risk of flash fires is a growing concern as hospitals see more use of high-tech and high-temperature devices in oxygen-rich settings.
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Apologizing Still Works, But Ensure It Is Done Correctly
Saying “I’m sorry” after an adverse event has become more accepted in recent years to express the clinician or administrator’s sincere regret at the unfortunate outcome, which was discouraged for many years for fear it would be seen as a legal admission of guilt. On the contrary, it has been shown to diffuse the emotions of a patient or family member and diminish the likelihood of litigation. But exactly how those words of regret are spoken can be important.
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Knowing When to Call a Lawyer Can Help Avoid Bigger Problems
If in doubt, err on the side of calling for help from legal counsel. A timely consultation can help minimize any potential liability from a situation that may have legal implications.
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‘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.
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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.
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Be Prepared to Secure All Types of Evidence After Adverse Events
An adverse event that could lead to litigation or investigations should prompt risk managers to implement a prepared process for securing the related evidence, which can take multiple forms. Properly obtaining and protecting the documents, devices, witness reports, digital data, and other evidence may determine the outcome of future litigation.
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Court Dismisses Patient’s Complaint After Time Runs Out on State’s Statute of Repose
This ruling serves as a reminder of the importance of state-specific statutes of repose and their implications on medical practice and potential litigation, especially in circumstances interacting with federal law, where applicable.
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Catastrophic Birth Injury Results in $7.75 Million Award and Insurance Litigation
This case provides lessons concerning aspects of malpractice litigation that do not focus on challenging the actions of the care providers. Just as providers owe duties to their patients, insurance providers have their own set of duties and obligations that are owed to their insureds. A failure to abide by those duties may subject the insurer to liability from their insured, as resulted in this case.