Articles Tagged With: Malpractice
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When ED Providers Overlook Information Conveyed by EMS
The emergency physician and ED nurse should take the report together when EMS arrives. Listen to what EMS found at the scene, what they did in terms of treatment, and what the response to that treatment was. Together, decide on the next steps.
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Late Actor’s Family Reaches $1 Million Settlement in Wrongful Death Lawsuit
The hospital that staffed the “cowboy” surgeon failed in its duty to protect the community from the unsavory practices of this unproctored, non-credentialed member of their medical staff. Given the fact that hospital and medical staff leadership not only were aware of his rogue behavior, but they encouraged and enabled the behavior until the inevitable occurred and a life was lost, the breach of duty and the culpability of the defendant parties is overwhelmingly apparent. -
$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. -
ED Providers Are Frequent Defendants in Aortic Pathology Malpractice Claims
Making the diagnosis is everything — to avoid patient injury and, ultimately, to avoid litigation.
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Judge Rejects Defendant’s Bid to Dismiss Failed Diagnosis Suit
This case illustrates a hospital’s standard of care and the standards for subsequent expert witness reports that address this standard of care. -
Appeals Court Declines to Overturn $3.2 Million Verdict in Negligent Rectal Tear Case
The main issue in this appeal is whether the plaintiff presented sufficient evidence to support a medical malpractice claim. To prevail in a malpractice action, the plaintiff must prove the standard of care, a deviation from that standard of care, and a causal connection between the deviation and the claimed injury. -
Legal Exposure if EMS Are Noncompliant with Stroke Guidelines
If clinicians miss a stroke diagnosis or delay care for that condition, plaintiff attorneys are going to scrutinize everything ED providers could have done differently. However, whatever problems there are or were all could have started well before the patient arrived at the facility. In fact, most patients receive prehospital stroke care from EMS that is noncompliant with American Stroke Association guidelines.
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Appeals Court Denies Hospital’s Objection to Expert Witness Report
This case shows the importance of expert testimony in reporting the standard of care. However, the legal requirements for expert witnesses are fairly minimal.