Articles Tagged With: Malpractice
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‘Hybrid’ Medical Malpractice Lawsuits Are ‘End-Run’ Around Damage Caps
These cases allege both professional negligence and medical battery. Insiders explain why that may be problematic.
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Lawsuits Allege Abnormal Findings Were Missed After ED Patient was Admitted
Education on structured handoffs and closed loop communication is paying dividends. Still, malpractice claims are occurring with admitted patients. The fact patterns all are similar: Tests are ordered while the patient remains in the ED. Results come back after the patient is upstairs — and no one ever follows up.
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Assessment, Documentation, and Protocols: All Tied to ED Malpractice Payouts
Malpractice claims are more likely to succeed if documentation is insufficient, if an assessment was inadequate, or if something was not handled according to policy or protocol.
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Appellate Court Vacates $1.1 Million Sinus Surgery Verdict for Lack of Evidence
This case demonstrates the importance of carefully preparing one’s argument and presenting the evidence to support necessary findings. Another interesting lesson from this case is on the basic elements of medical malpractice: Even in the face of an undisputed breach of the standard of care, medical malpractice liability is not guaranteed.
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ED Malpractice Claims More Likely to Succeed if Policy Not Followed
The odds of a medical malpractice claim resulting in a payment increase by 145% if a policy was not followed at some point, according to the authors a new analysis.
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Appellate Court Vacates $109 Million Verdict for Botched Surgery Case
This case reveals a possible method for defending against medical malpractice actions, as well as the importance of appealing erroneous decisions by the court.
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$3.1 Million Awarded to Veteran for Permanent Damages from Negligent Abscess Drainage
This case, and the significant monetary award, reveals some important lessons about liability and damages, including how statutory maximums can affect medical malpractice actions.
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Failure to Diagnose and Treat Infection After Surgery Results in $2.75 Million Award
This case demonstrates the need to carefully monitor patients during the relevant times, particularly during and after surgery, and to investigate abnormal conditions. The primary basis for the medical malpractice liability in this case was the surgeon’s failure to diagnose and timely treat the infection, which escalated and caused severe, irreparable damage and pain to the patient.
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$30 Million Award Upheld for Negligent Treatment of Kidney Disease
Although unsuccessful in this matter, the defendant care provider raised an important defensive tool in medical malpractice actions: comparative negligence. States employ different applications of this legal principle.
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Insufficient Expert Report Leads to Partial Defense Dismissal in Botched Hysterectomy Suit
A major lesson from this case is a successful avenue for physicians and care providers to challenge a patient’s inadequate claim: by undermining a patient’s expert. While the patient’s case against the physician defendant has yet to be decided, this ruling in favor of the hospital defendant provides an opportunity for defendants generally.