Articles Tagged With: Negligence
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Appellate Court Rules Affidavit of Merit Statute Does Not Cover LPNs
One obvious lesson here is in the use of appeals. The appellate division found “[t]he AOM statute was enacted in 1995 as part of a tort reform package,” but ultimately concluded the tort reform did not extend to LPNs. While the appeal affirmed the trial court’s denial of defendant’s motion to dismiss, the opposite easily could have occurred whereby a more liberal panel could have interpreted the statute to include LPNs.
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Gastric Bypass Malpractice Yields $14.1 Million Verdict
There are two principal ramifications arising from this decision. First, in a case involving medical malpractice, a common-law cause of action, the Open Courts Provision does not supersede statutory restrictions on recovery of economic damages via Chapter 33. Second, the decision allows for settlement credits to be applied for settlement of derivative claims, even if the non-settling plaintiff does not have a cause of action for the same derivative claim.
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Appeals Court Reverses Hospital’s Summary Judgment Due to Lack of Communication
This case highlights the importance of communication. In this case, a lack of communication was the material issue that prevented the defendant from adjudicating its liability.
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Contraceptive Injection Mix-Up Leads to Unwanted Birth, $10 Million Verdict
There are two principal ramifications arising from this decision that relate to a healthcare provider’s failure to adhere to the accepted standard of contraceptive care. First, a patient’s reason for seeking reproductive healthcare does not limit the scope of a negligent provider’s liability as a matter of state law.
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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.
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Nurse Conviction for Medical Error Roils Patient Safety, Nursing Groups
Patients became less safe on March 25, when former registered nurse RaDonda Vaught was convicted of negligent homicide and sentenced to prison for giving a patient a fatal dose of the wrong medication, medical and nursing groups emphasized. -
Not If, But When: Preparing a Proper Defense After Medication Mistakes
ED nurses should not hesitate to contact a defense attorney if a patient is harmed by a medication error. The interest of the hospital often is different from the healthcare provider. Do not assume the hospital will provide a defense for taking a shortcut. More likely, administrators will testify protocols were put into place, and place blame on the ED nurse for taking the shortcut.
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$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. -
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. -
Noncompliance with Sepsis Measures Used to Prove Care Was Negligent
Along with growing general awareness, there are several positive developments in ED sepsis care, including laboratory tests helpful in diagnosing sepsis cases that have improved substantially. Also, there are new biomarkers of sepsis that are promising, and new molecular tests allow a lab to identify blood-borne infections in hours instead of the days formerly required for blood cultures to grow.