Articles Tagged With: litigation
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Allegations of Failure to Diagnose Resulting in Toddler’s Death Sufficient for Malpractice
This case reveals a common theme in medical malpractice actions: the critical importance of expert witnesses and testimony. As often is the case, both sides presented testimony from expert witnesses — qualified physicians who would support the actions taken by the respective side in the prosecution or defense of the litigation.
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$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. -
Discovery Requests Often Are Overly Broad, Can Be Abused
Discovery requests from plaintiffs’ attorneys can be overly broad in an attempt to obtain records the defendant does not have to provide. However, the bar is high when making that claim to the court. The defense can object to what it considers an overly broad discovery request, but the objection often is unsuccessful because the scope of discovery is quite broad. -
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. -
Take the Right Steps to Speed Resolution of Malpractice Litigation
Steps taken in the early phase of malpractice litigation can significantly affect the length of the case, with the right moves resulting in a faster, cheaper resolution. On the other hand, missteps and oversights can draw out the case, costing more in legal fees and more on the eventual settlement. -
Hospitals Disproportionately Sue Low-Income, Rural, and Black Patients
One expert believes ethicists should serve as a "moral compass for hospitals," pushing facility leaders to consider whether engaging in litigation like this is the best course of action.
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CMS Requires COVID-19 Vaccinations for Healthcare Workers
The Centers for Medicare & Medicaid Services’ highly anticipated interim final rule requiring healthcare workers to be vaccinated against COVID-19 will bring new obligations for healthcare employers, but it also might help overcome the objections of some employees.
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Texas Judge Tosses Suit Over COVID-19 Vaccine Mandate
Plaintiffs expected to challenge ruling in ongoing saga over Houston facility’s policy. -
ED Violence Means Possible Liability Exposure for Hospital
During litigation, two important questions will arise: How did the hospital keep the patient safe? Was the hospital not doing reasonable things that other hospitals were doing? -
‘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.