Articles Tagged With: Malpractice
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Defense Verdict Rejects $16 Million Demand, but 14-Minute Deliberation Gives Rise to an Appeal
A widow filed a malpractice action alleging a hospital’s failure to evaluate the patient, which would have revealed extreme respiratory distress. The patient’s death was caused by a lack of oxygen. Experts testified that if the patient had been placed on a ventilator, he would have had a significantly higher chance of surviving his condition, pneumonia. Following a seven-day trial, the jury rendered a defense verdict after a mere 14 minutes of deliberation. The plaintiff brought a post-trial motion seeking to overturn the decision, and the court ordered a new trial.
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Vascular Complications Common Allegation in Lawsuits Against ED Nurses
It is unclear whether the claims involved IV infiltration, thrombophlebitis, pain caused by multiple sticks, or inadvertent arterial placement. Prevention efforts might include procedural training, integration of ultrasound in IV placement, or escalation of patients with difficult access to providers who specialize in IV access.
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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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Surviving Spouse Awarded $1.1 Million for Patient’s Delayed Cancer Diagnosis
Although the parties disputed several essential facts in this case, one important, incontrovertible fact was the patient missed several follow-up appointments, failed to schedule tests recommended by the care providers, and thus contributed to her injuries. Physicians and care providers only have so much ability to compel patients to seek treatment.
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Online Ratings Pose Risk of Defamation, May Need Response
The risk of defamation increases with the proliferation of online rating services in the medical industry, experts say.
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What to Do When Malpractice Allegations Become Defamation
Medical malpractice litigation can get ugly, with passionate plaintiffs and indignant clinicians or hospital administrators firing off heated accusations and insults. But where is the line where a malpractice allegation becomes defamation? What can be done when that happens?
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Partly Driven by Defensive Medicine, ED Imaging Orders Rise Dramatically
Investigators analyzed advanced Medicare imaging use and paid malpractice claims, examining claims data for a 5% sample of Medicare beneficiaries from 2004 to 2016 and the National Practitioner Data Bank. For every 1% increase in the number of paid malpractice claims, there was a corresponding 0.20% increase in advanced imaging use.
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Advanced Practice Providers See More Complex Patients, Sued More Often
More ED patients are visiting physician assistants or advanced practice nurses. Of 54,722 closed malpractice claims analyzed in a recent study, about 75% of claims naming advanced practice providers also named physicians.
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Court Rules Defendants Must Face Malpractice Suit After Botched Delivery, Death of Twin
As with many medical malpractice cases, the primary issues in this case revolve around expert witnesses, who are almost always necessary and who can make or break a malpractice defense.
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Appeals Court Affirms $9.2 Million Noneconomic Damages Award in Medical Battery Case
The most important lesson for physicians and care providers from this case is to always receive fully informed consent for the actual procedure performed. Receiving consent beforehand is a prerequisite, but if the circumstances change, or if a modification to the procedure appears appropriate, seek and receive consent again.