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Appellate Court Reverses Summary Judgment Based on Expert’s Disqualification

This case demonstrates the importance of expert witnesses, which not only can determine a case at trial, but even potentially before trial. Although the outcome of this case remains uncertain, and the patient has not been awarded any monetary damages, the appellate court ruling certainly is a setback for the defendant care provider, and reopens a window of opportunity for the patient to continue the allegations of malpractice.

Failure to Remove Sponge Results in $10.5 Million Verdict

The facts of the case left little doubt as to whether hospital staff had violated their duty of care. In addition to the ethical requirement to tell the patient about the retained sponge, there is a licensing and regulatory requirement as well.

Top Factors to Consider in Choosing Outside Counsel

Risk managers may be involved in helping choose outside counsel for the hospital or health system. There are many factors to consider before making the right choice.

Choose Outside Counsel Carefully; Avoid Common Mistakes

When risk managers are involved in selecting outside counsel for the hospital or health system, the task can seem daunting. Choosing the right counsel involves considering a multitude of factors, including fees, availability, experience, size of the firm, and even whether it seems like a good fit culturally.

Include Communications in Adverse Event Plans

When planning to respond effectively to adverse events, it is important to include a crisis communication plan. A key part of the plan is a designated crisis team including members for each defined functional area of the organization.

Checklist for Responding to Adverse Events

Risk managers should create a checklist for responding to adverse events to ensure the most effective response in a potentially stressful and hectic environment, experts say. Risk management should visit the scene of the incident — the floor, the procedure room, ICU, radiology department — prepared to conduct what amounts to a triage of the incident.

Develop Plan for Responding to Adverse Events

Adverse events happen without warning, yet they require a carefully planned response to minimize damage and facilitate the most effective follow-up investigation. Facilities should plan now for how to respond to an unexpected death, a serious accident, or potential malpractice. It is critical to prepare an adverse event plan so that the response is not cobbled together in the heat of the moment, when emotions are running high.

Expert’s Inadequate Testimony Leads to Dismissal of Medical Malpractice Lawsuit

Although the facts of the case seem to indicate the physician acted within the accepted standard of care, the outcome may have been different had the patient selected a more experienced, better-suited expert and presented his claim with more specificity.

Birth Injury Litigation Results in $7.5 Million Settlement

This case raises a few lessons for physicians and care providers: whether the physicians failed to preserve and test either cord blood gases or the placenta, whether the physicians breached the applicable standard of care regarding the use of labor-inducing drugs and failing to monitor the fetus prior to delivery, and whether the physicians failed to ensure employees were aware of and complied with the hospital’s policies and procedures.

Sparsely Charted History and Physical Complicates Med/Mal Defense

Thorough charting on the history and physical of an ED patient can prove the standard of care was met. Still, the medical record often contains little more than a series of checkboxes.