Articles Tagged With: Malpractice
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Appellate Court Vacates $1.1 Million Sinus Surgery Verdict for Lack of Evidence
This case demonstrates the importance of carefully preparing one’s argument and presenting the evidence to support necessary findings. Another interesting lesson from this case is on the basic elements of medical malpractice: Even in the face of an undisputed breach of the standard of care, medical malpractice liability is not guaranteed.
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ED Malpractice Claims More Likely to Succeed if Policy Not Followed
The odds of a medical malpractice claim resulting in a payment increase by 145% if a policy was not followed at some point, according to the authors a new analysis.
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Appellate Court Vacates $109 Million Verdict for Botched Surgery Case
This case reveals a possible method for defending against medical malpractice actions, as well as the importance of appealing erroneous decisions by the court.
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$3.1 Million Awarded to Veteran for Permanent Damages from Negligent Abscess Drainage
This case, and the significant monetary award, reveals some important lessons about liability and damages, including how statutory maximums can affect medical malpractice actions.
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Failure to Diagnose and Treat Infection After Surgery Results in $2.75 Million Award
This case demonstrates the need to carefully monitor patients during the relevant times, particularly during and after surgery, and to investigate abnormal conditions. The primary basis for the medical malpractice liability in this case was the surgeon’s failure to diagnose and timely treat the infection, which escalated and caused severe, irreparable damage and pain to the patient.
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$30 Million Award Upheld for Negligent Treatment of Kidney Disease
Although unsuccessful in this matter, the defendant care provider raised an important defensive tool in medical malpractice actions: comparative negligence. States employ different applications of this legal principle.
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Insufficient Expert Report Leads to Partial Defense Dismissal in Botched Hysterectomy Suit
A major lesson from this case is a successful avenue for physicians and care providers to challenge a patient’s inadequate claim: by undermining a patient’s expert. While the patient’s case against the physician defendant has yet to be decided, this ruling in favor of the hospital defendant provides an opportunity for defendants generally.
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Brain Damage Lawsuit Settles for $5 Million
This case exemplifies the benefits of resolving medical malpractice litigation through negotiation and prior to an adverse verdict. There are many factors that can affect a mutual agreement between the parties and a settlement, but such efforts can be extremely beneficial to physicians and care providers to better control payment amounts in the event of liability and to reduce negative exposure and publicity.
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No ICU Bed? ED Patients ‘Fall into Black Hole’
In terms of malpractice, the main question is going to be: Did the emergency department (ED) patient receive treatment as fast as he or she should have, given the relevant circumstances? EDs in known COVID-19 hotspots with long waits for intensive care unit beds probably will be treated somewhat differently than smaller community EDs, where it was mostly business as usual.
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Appellate Court Affirms $5.1 Million Award for Patient’s Death After Hernia Repair Surgery
This case raises important considerations about making appropriate choices in the selection of equipment and methods for treatment, as well as the importance of retaining a qualified and persuasive expert witness in the event of litigation.