Articles Tagged With: Malpractice
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What to Do When Malpractice Allegations Become Defamation
Medical malpractice litigation can get ugly, with passionate plaintiffs and indignant clinicians or hospital administrators firing off heated accusations and insults. But where is the line where a malpractice allegation becomes defamation? What can be done when that happens?
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Partly Driven by Defensive Medicine, ED Imaging Orders Rise Dramatically
Investigators analyzed advanced Medicare imaging use and paid malpractice claims, examining claims data for a 5% sample of Medicare beneficiaries from 2004 to 2016 and the National Practitioner Data Bank. For every 1% increase in the number of paid malpractice claims, there was a corresponding 0.20% increase in advanced imaging use.
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Advanced Practice Providers See More Complex Patients, Sued More Often
More ED patients are visiting physician assistants or advanced practice nurses. Of 54,722 closed malpractice claims analyzed in a recent study, about 75% of claims naming advanced practice providers also named physicians.
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Court Rules Defendants Must Face Malpractice Suit After Botched Delivery, Death of Twin
As with many medical malpractice cases, the primary issues in this case revolve around expert witnesses, who are almost always necessary and who can make or break a malpractice defense.
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Appeals Court Affirms $9.2 Million Noneconomic Damages Award in Medical Battery Case
The most important lesson for physicians and care providers from this case is to always receive fully informed consent for the actual procedure performed. Receiving consent beforehand is a prerequisite, but if the circumstances change, or if a modification to the procedure appears appropriate, seek and receive consent again.
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Malpractice Risks of Telehealth Still Being Determined
Risk managers should be wary of the malpractice risks associated with telehealth, according to several experts who say the sudden increase in usage may have introduced insufficiencies that should be assessed now.
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Too Many EP Malpractice Claims Could Mean Liability for Hospital
In most states, hospitals already are vicariously liable for the actions of their hospital-based physicians. It is more difficult to defend the care of a clinician who is sued constantly.
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‘Hybrid’ Medical Malpractice Lawsuits Are ‘End-Run’ Around Damage Caps
These cases allege both professional negligence and medical battery. Insiders explain why that may be problematic.
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Lawsuits Allege Abnormal Findings Were Missed After ED Patient was Admitted
Education on structured handoffs and closed loop communication is paying dividends. Still, malpractice claims are occurring with admitted patients. The fact patterns all are similar: Tests are ordered while the patient remains in the ED. Results come back after the patient is upstairs — and no one ever follows up.
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Assessment, Documentation, and Protocols: All Tied to ED Malpractice Payouts
Malpractice claims are more likely to succeed if documentation is insufficient, if an assessment was inadequate, or if something was not handled according to policy or protocol.