Articles Tagged With: Malpractice
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Failure to Perform Sterilization Leads to Unwanted Pregnancy, Litigation
This case presents lessons about consent, notice, and records issues as well as interesting aspects of damages for this rather unique malpractice action. This case is a twist on consent and notice whereby the patient wanted a procedure, requested it, paid for it, and believed she received it. -
Allegations of Failure to Diagnose Resulting in Toddler’s Death Sufficient for Malpractice
This case reveals a common theme in medical malpractice actions: the critical importance of expert witnesses and testimony. As often is the case, both sides presented testimony from expert witnesses — qualified physicians who would support the actions taken by the respective side in the prosecution or defense of the litigation.
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Many ED Malpractice Claims Are Rooted in Poor Communication
Most ED patients are, at some point, handed off to other providers — admitting physicians, the ICU team, on-call consultants, or primary care physicians. Good communication is crucial in the ED. -
Hospitals Underreport to NPDB, Creating Doubt
The Department of Justice recently announced a large healthcare system in the Northwest agreed to pay more than $22 million to settle allegations that two former spine surgeons falsified or exaggerated patient diagnoses and performed unnecessary surgeries. The case is the latest to show how problematic physicians often are not reported to the National Practitioner Data Bank. -
Nurse’s Criminal Conviction Could Chill Safety Investigations
A former nurse was recently found guilty of negligent homicide related to a medication error. She admitted to overriding a safeguard before administering the wrong medication to a patient. The case may negatively affect safety investigations.
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When ED Providers Overlook Information Conveyed by EMS
The emergency physician and ED nurse should take the report together when EMS arrives. Listen to what EMS found at the scene, what they did in terms of treatment, and what the response to that treatment was. Together, decide on the next steps.
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Late Actor’s Family Reaches $1 Million Settlement in Wrongful Death Lawsuit
The hospital that staffed the “cowboy” surgeon failed in its duty to protect the community from the unsavory practices of this unproctored, non-credentialed member of their medical staff. Given the fact that hospital and medical staff leadership not only were aware of his rogue behavior, but they encouraged and enabled the behavior until the inevitable occurred and a life was lost, the breach of duty and the culpability of the defendant parties is overwhelmingly apparent. -
$4.25 Million Failed Diagnosis Award Reduced to $250,000 by Statutory Cap
The issue in this case is whether MICRA’s cap on noneconomic damages applies to actions against physician assistants where a licensed physician is legally responsible for supervising the physician assistant but provides minimal or no actual supervision. -
Discovery Requests Often Are Overly Broad, Can Be Abused
Discovery requests from plaintiffs’ attorneys can be overly broad in an attempt to obtain records the defendant does not have to provide. However, the bar is high when making that claim to the court. The defense can object to what it considers an overly broad discovery request, but the objection often is unsuccessful because the scope of discovery is quite broad. -
Understand Discovery Rules and Limits to Protect Confidential Information
Discovery is one of the first steps in malpractice litigation. It is crucial for risk managers to understand what information can be demanded by opposing attorneys. A proper understanding of the process can guide both how healthcare organizations conduct investigations and the outcome of litigation.