Articles Tagged With: Negligence
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Failure to Inspect Patient After Cesarean Section Leads to Cardiac Arrests and Hysterectomy, $8 Million Award
This case serves as a stark reminder to medical professionals about the critical importance of closely monitoring patients after surgery and preparing to intervene promptly if complications arise. The incident underscores the significance of knowing the risks and potential complications associated with emergency cesarean sections.
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Surgeon Prevails When Patient’s Expert Cannot Tie Injury to Allegedly Negligent Surgery
The failure to admit medical records was a big problem for the plaintiff’s case, as was the expert’s failure to directly address how the mesh plug caused the patient’s pain. In defending these kinds of cases, it is important for defendants and their counsel to force the plaintiff to honor the rules of evidence to admit their exhibits and to prove causation, whether through expert testimony or otherwise.
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Deadline Bars Medical Malpractice Claims and Wrongful Death Claims
On the substantive medical side, the obvious negligence inflicted on the patient by both a healthcare facility and physicians must be addressed first. This case also illustrates the legal interplay between three timing rules and is a strong example of how a state’s application of those rules can drastically affect a case.
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Fake Diplomas Pose Risk to Healthcare Employers
Employees with falsified credentials can pose a serious threat to patient safety and expose healthcare employers to great liability. Civil and regulatory consequences can occur.
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Plaintiff Can Pursue Alternate Liability in Claim of Missed Cancer
This case is a lesson in the difference between joint and successive tortfeasors. A physician’s potential liability may be determined by this distinction.
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Malpractice During Cardiac Catheterization Results in Death, $4.36 Million Verdict
This case highlights both the direct and indirect liability in a medical malpractice action, particularly where the negligent acts are performed by an employee. Here, the principal issue is whether the surgeon failed to exercise reasonable care and diligence in performing the cardiac catheterization procedures, and whether said failure caused the patient’s death.
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Appeals Court Dismisses Wrongful Death Lawsuit for Failure to Timely File Claim
This case is a fine example of the Government Claims Act and its application to public entities, including public health systems.
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Avoid Common Mistakes in Malpractice Cases
Handling an allegation of medical malpractice is never easy, but the experience and eventual outcome can be greatly improved by avoiding some of the most common mistakes. One of the biggest mistakes is altering a record after the fact.
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Appeals Court Upholds Decision Finding Chiropractor Not Liable for Patient’s Death
This case shows the importance of enlisting a properly qualified expert witness. When a plaintiff files a medical negligence claim, he or she must provide expert testimony to prove not only was the defendant negligent, but also the defendant’s negligence caused the plaintiff’s injury.
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Pandemic-Delayed Lawsuits Are Coming to Court
The COVID-19 pandemic paused the usual flow of medical malpractice lawsuits, but it appears that is ending. Hospitals and clinicians are seeing more filings, which could put unusual pressure on risk managers, defense counsel, and insurers.