Articles Tagged With: Malpractice
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Failure to Diagnose and Treat Lupus May Support Liability for Psychiatrist
From the legal perspective, this case highlights the importance of experts for medical malpractice litigation and finding the right expert. Since the practice of medicine is a highly skilled and highly specialized field, it is critical for an expert to possess the requisite skill, knowledge, and experience to persuasively comment on pertinent issues.
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Documentation Mistakes Lead to Significant Malpractice Awards
Ensure charts are generated honestly, and check to make sure key care decisions are carefully documented regarding consent.
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Negligent Pacemaker Implantation Results in Malpractice Action
This case presents a common cause of malpractice actions: The failure to timely diagnose and treat a condition.
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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.
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Recurring Fact Patterns in Triage-Related Med/Mal Claims
Some malpractice lawsuits stem from what happens when the patient arrived at the ED — the triage nurse misses an emergency medical condition. If the triage process failed to identify a high-acuity patient requiring expedited care, then a plaintiff could allege the triage nurse breached the standard of care.
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Failure to Perform Sterilization Leads to Unwanted Pregnancy, Litigation
This case presents lessons about consent, notice, and records issues as well as interesting aspects of damages for this rather unique malpractice action. This case is a twist on consent and notice whereby the patient wanted a procedure, requested it, paid for it, and believed she received it. -
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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Many ED Malpractice Claims Are Rooted in Poor Communication
Most ED patients are, at some point, handed off to other providers — admitting physicians, the ICU team, on-call consultants, or primary care physicians. Good communication is crucial in the ED. -
Hospitals Underreport to NPDB, Creating Doubt
The Department of Justice recently announced a large healthcare system in the Northwest agreed to pay more than $22 million to settle allegations that two former spine surgeons falsified or exaggerated patient diagnoses and performed unnecessary surgeries. The case is the latest to show how problematic physicians often are not reported to the National Practitioner Data Bank. -
Nurse’s Criminal Conviction Could Chill Safety Investigations
A former nurse was recently found guilty of negligent homicide related to a medication error. She admitted to overriding a safeguard before administering the wrong medication to a patient. The case may negatively affect safety investigations.