Articles Tagged With: litigation
-
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.
-
Avoid Common Mistakes in Malpractice Cases
Handling an allegation of medical malpractice is never easy, but the experience and eventual outcome can be greatly improved by avoiding some of the most common mistakes. One of the biggest mistakes is altering a record after the fact.
-
Not a Simple Conversation: Understand Depositions and How to Prepare
It is likely any healthcare litigation will include depositions in which clinicians and administrators are asked questions under oath. The information provided can be critical to the outcome of the case. Depositions can be stressful and difficult for people not accustomed to them. Risk managers can help by preparing participants for this experience.
-
Reduce Workers’ Comp Liability with Lift Policies, Technology
Workers’ compensation poses a significant liability risk and expense for any company — and healthcare employers face exposures unique to their industry. Technological solutions may help. Overexertion, often due to patient handling, is a common injury for healthcare employees, leading to sprains and strains of the back or shoulder.
-
Appeals Court Reverses Hospital’s Summary Judgment Due to Lack of Communication
This case highlights the importance of communication. In this case, a lack of communication was the material issue that prevented the defendant from adjudicating its liability.
-
No Liability for Telemedicine Company or Hospital Over Stroke Treatment
This case confirms the importance of timely treatment and how providers can defend against claims of failure to provide such treatment. Frequently, a patient’s condition requires time-sensitive treatment, and the failure to do so may constitute medical malpractice if a similar physician under such circumstances would provide that timely care.
-
Patient's Gangrene Results in Amputation, Hospital's Potential Liability
In this case, evidentiary concerns presented material issues for the defendant hospital, which was disputing liability early in the litigation.
-
Botched Hip Surgery Causes Patient’s Death, Potential Liability Years Later
This case holds both substantive and procedural lessons for care providers. Procedure can be equally as important as substance in defending against litigation. It is important to consult with counsel while reviewing the applicable facts and specific laws to understand potentially successful procedural challenges.
-
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.
-
Develop Good Working Relationship with Counsel for Best Results
Risk managers often work closely with either in-house counsel or outside attorneys representing the hospital or health system in a range of legal matters, but those interactions can go awry without a good working relationship. Establishing boundaries and proper expectations can go a long way toward achieving the best results.