Articles Tagged With: Malpractice
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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. -
Improving Patient Handoffs Helps Reduce Malpractice Claims
Patient handoffs affect safety, although it is possible malpractice risk is a downstream effect. A large study of malpractice claims revealed a direct relationship between the quality of patient handoffs and claims. -
Take the Right Steps to Speed Resolution of Malpractice Litigation
Steps taken in the early phase of malpractice litigation can significantly affect the length of the case, with the right moves resulting in a faster, cheaper resolution. On the other hand, missteps and oversights can draw out the case, costing more in legal fees and more on the eventual settlement. -
Appellate Court Reinstates Claims of Negligent Treatment Causing Permanent Disability
A three-judge appeals panel in Illinois reinstated claims by a patient with multiple sclerosis for her neurologist’s negligence in treating her disorder. The treatment caused the patient’s permanent disability. The trial court originally rejected the patient’s amended complaint. -
Use of Defective Laser Leads to $9.7 Million Verdict Against Hospital
This case shows the importance of informed consent in medical negligence cases and defines how strictly a court upholds the standard of care when informing a patient of the asserted risks of a procedure outside the scope of a doctor’s expertise. -
Stay Vigilant About Malpractice Risks with Telemedicine
The dramatic increase in the use of telemedicine is raising concerns about the potential for malpractice issues related to this form of caregiving, with some experts cautioning a wave of lawsuits could be on the way. Adherence to key principles of patient safety and risk management can reduce the risk.