Articles Tagged With: plaintiff
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Mixed Defense Rulings Related to Patient’s Death Yield Lessons Regarding Experts
Factually, there was no dispute about the patient’s cause of death — it resulted from an infection. Legally, the defendant physician’s initial challenge to the plaintiff’s case was not to directly attack that factual premise itself, but to instead challenge the plaintiff’s experts.
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Not a Simple Conversation: Understand Depositions and How to Prepare
It is likely any healthcare litigation will include depositions in which clinicians and administrators are asked questions under oath. The information provided can be critical to the outcome of the case. Depositions can be stressful and difficult for people not accustomed to them. Risk managers can help by preparing participants for this experience.
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Documenting Understaffing Could Sound Like Blame-Shifting to a Jury
Jurors are going to expect everyone in the ED is working together for the patient’s benefit. If the emergency physician has valid safety concerns, the medical record is not the place to voice those. Patient safety committees or the peer review process are better options, and generally are not discoverable during malpractice litigation.
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Court of Appeals Reverses Doctor’s Trial Court Win in Botched Spinal Surgery Case
Although the plaintiff’s expert provided some controversial comments on the standard of care, it is likely that, if given his well-established expertise, a proper analysis and explanation of his testimony will, at the very least, increase the plaintiff’s odds of obtaining a favorable verdict. There always is a standard of care, especially for relatively common procedures. The standard may not exist in written form. Instead, it is considered to be what a reasonable physician would do in similar circumstances within the same community.
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Finger-Pointing in Nurse Charting Is Opportunity for Plaintiff
Emergency nurses and physicians may not understand the liability implications of using charts to air grievances. A unified defense is recognized as the best approach for all defendants in ED malpractice claims, but finger-pointing notes make it difficult. Physicians and nurses should meet briefly before each shift to discuss the importance of teamwork, not only regarding patient care but also documentation.
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Court Orders New Trial Over Hospital’s Improper Closing Arguments
The appellate court’s decision focused on whether the non-party status of the nurse who allegedly dropped plaintiff was determinative in the case at hand. The court of appeals found the trial court failed to exercise its full range of discretion and had not carefully considered the fact that although the nurse was not a party to the case, her conduct was the object of the case, and it was unclear whether the jury fully understood that she was not a party to the matter.
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Court Vacates $911,000 Malpractice Verdict on Expert Testimony Rule
This case provides another example of how trial strategy and preparation is essential to the positive outcome of a case, with particular focus on the selection and retention of expert witnesses. Expert witnesses often can make or break a case, and that is true for either party in a medical malpractice action.
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Plaintiff Expert Worked in the ED, But Only During Residency Rotation
Plaintiff attorneys frequently bring in experts with specific knowledge from whatever specialty is relevant to the condition that was missed or managed inappropriately. When an emergency physician saw a patient, he or she had to take the patient as a whole and consider every possible diagnosis. Unlike other specialties, emergency physicians do not get to pick and choose the kind of patients or complications they see.
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Causation Difficult for Plaintiff in ED Malpractice Claim
Generally, plaintiff attorneys find some aspect of care that was arguably beneath the standard of care. Likewise, they can show the ED provider was acting in the scope of his or her employment. However, causation often is a difficult problem.
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Damage Caps Can Lead to Unintended Consequences for ED Malpractice
Damage caps render many cases economically unfeasible for plaintiffs’ counsel to pursue. Nonetheless, many ED providers still fear losing what may be an otherwise baseless malpractice claim. Tort reform is a safeguard against these scenarios, but the view looks different from the plaintiff’s perspective.