Articles Tagged With: Malpractice
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Defense Ruling on Appeal for Radiologist Who Reviewed and Reported Imaging Results
This case demonstrates both procedural and substantive defenses for physicians and care providers. For the procedural side, the reversal by the appellate court reveals defendants in malpractice cases need not always wait for a jury to determine the care provider did not act negligently. -
Undiagnosed Brain Tumor Results in Permanent Brain Damage, $3.35 Million Award
In this case, the physician’s liability was a case of failure to diagnose, a particularly concerning result given the physician’s treatment of the patient over the course of more than four years. A failure to diagnose, or a delayed diagnosis, can cause significant injuries or dramatically worsen the patient’s condition. -
Artificial Intelligence Could Affect ED Provider’s Malpractice Risk
Inaccurate artificial intelligence (AI) algorithms could harm patients and result in liability exposure, the authors of a recently published paper argued. AI should be used as a tool, along with physical exam findings, narrative history, review of prior records, and clinical judgment. -
Expert Failed to Sufficiently Connect Increased Risk of Harm to Actual Causation of Harm
This case illustrates the standard of causation used in wrongful death and other actions alleging a patient’s injuries were caused by a doctor’s or hospital’s negligence. In this case, the expert essentially testified to several actions by the hospital and attending physician that increased the risk of injury to the patient, but did not specifically conclude any one or more of those allegedly negligent actions actually caused the patient’s death. -
Malpractice Trial Verdict Upheld in Knee Surgery Case After Challenge to Jury Instructions
This case shows the importance of jury instructions in medical negligence cases and defines how a court properly places the issues before the jury after evidence has been presented. -
‘COVID Glow’ May Bring Benefits in Malpractice Litigation
Hospitals and other healthcare organizations could benefit from a COVID-19 “glow” or “halo effect” in which medical malpractice juries look more favorably on defendants because of the public’s positive perception of healthcare workers. The portrayal of doctors and nurses as heroes might leave a lasting impression that affects how jurors perceive defense arguments. -
Verdict Upheld in Medical Malpractice Trial Despite Juror Bias
This case provides two meaningful lessons about medical malpractice jury trials and related expert witness testimony. -
Damages Award Increased to Reflect Pain and Suffering from Feeding Tube
While it always is necessary to consult with local counsel (as damages analyses can vary by state), this case suggests an expansion of the traditional concept of how courts and experts calculate pain and suffering. -
‘Dr. Death’ Case Holds Lessons for Risk Managers, Hospitals
The extraordinary case of a neurosurgeon who was so poorly vetted by hospitals that he critically injured dozens of patients and was blamed for two deaths in a short time is receiving renewed attention in true crime podcasts and an upcoming TV series. Risk managers should take the opportunity to learn how to avoid a repeat of the tragic series of events. -
Hospitals Could Face Legal Exposure if EPs Are Not Board-Certified
In 2005, there were about 22,000 emergency medicine board-certified emergency physicians in the United States. However, investigators estimated 40,030 emergency physicians would be needed to staff all 4,828 EDs. For years, there was not much additional research in this area. Recently, a group of investigators decided to conduct another analysis and update the data.