Maryland stent malpractice case settles before doctor testifies

Maryland stent malpractice case settles before doctor testifies

The lawsuit involving Mark G. Midei, MD, and unnecessary stent procedures for St. Joseph Medical Center patients, has settled after six weeks of trial.

Bill could make Florida toughest state to file malpractice suits

Bill could make Florida toughest state to file malpractice suits

Senate Bill 1792 would change requirements for expert witnesses, and enable attorneys to question patients' subsequent healthcare providers.

2012 malpractice payouts concentrated in 5 states

2012 malpractice payouts concentrated in 5 states

A total of $3.6 billion was paid out for medical malpractice lawsuits in 2012, and 48% of those payouts occurred in five states.

Teen suicide prompts an investigation

Teen suicide prompts an investigation

A clinician prescribes 
an antidepressant to a 
young woman without immediate follow-up.

Boston hospital divulges medical errors in staff newsletter

Boston hospital divulges medical errors in staff newsletter

In an effort to improve care and avoid errors, Brigham and Women's Hospital in Boston is revealing its mistakes in a newsletter called "Safety Matters."

Florida moves toward malpractice reform

Florida moves toward malpractice reform

Senate Bill 1792 proposes changes to expert witness criterion, reqs for interviewing physicians and the way medical information can be subpoenaed.

Missouri may reinstate malpractice award cap

Missouri may reinstate malpractice award cap

A bill originally passed in 2005, but struck down by the state's Supreme Court, would put a $350,000 limit on non-economic damages.

Swine flu crisis stirs vaccine debate

Swine flu crisis stirs vaccine debate

In response to a federal initiative, a school clinician immunizes a child—but without parental consent.

Severe colon cancer goes undetected

Severe colon cancer goes undetected

A clinician finds herself culpable after agreeing to an unorthodox ­arrangement with a patient.

Medical malpractice mediation bill passes in Oregon

Medical malpractice mediation bill passes in Oregon

The bill allows patients, providers or health care facilities to report medical errors to the Oregon Patient Safety Commission to begin confidential settlement negotiations and mediation.

Archaic law bars patient with missed cancer diagnosis from suing

Archaic law bars patient with missed cancer diagnosis from suing

A Brooklyn woman with a missed lung cancer diagnosis was unable to file a malpractice suit under New York state's statute of limitations.

Flaws in patient privacy, data security must be addressed

Flaws in patient privacy, data security must be addressed

Medical identity theft and data security breaches are growing, with thousands of cases reported per year.

Medical errors down in Minnesota

Medical errors down in Minnesota

Surgical and medication errors down, but suicide up in Minnesota's annual adverse medical event report.

Both doctors and lawyers support Oregon malpractice bill

Both doctors and lawyers support Oregon malpractice bill

Senate Bill 438 proposes the state create patient safety commission to discuss and mediate malpractice incidents before cases go to trial.

"Do not 
resuscitate" stops CPR

"Do not 
resuscitate" stops CPR

An elderly man opted for "no heroics" if things went wrong in surgery, but his family felt differently.

Wrestler Hulk Hogan files $50 million malpractice suit

Wrestler Hulk Hogan files $50 million malpractice suit

Hogan alleges he underwent several unnecessary endoscopic procedures that destabilized his injured back and significantly damaged his earnings potential as a professional wrestler.

Fraudulent practices set off alarms

Fraudulent practices set off alarms

What do you do when patient charts have been changed after the fact and medication doses altered?

Long waits common for resolving malpractice claims

Long waits common for resolving malpractice claims

During an average career spanning 40 years, clinicians will spend more than 10% of the time with an unresolved malpractice claim.

Surgical 'never events' occur at least 4,000 times annually

Surgical 'never events' occur at least 4,000 times annually

U.S. surgeons make mistakes, such as leaving a foreign object inside a patient's body or performing operations on the wrong part of the body, frequently.

Physician found liable for patient's suicide

Physician found liable for patient's suicide

A malpractice suit involving a physician who prescribed antidepressants without seeing his patient for years serves as a warning against overmedication.

EHRs not a cure-all for medical errors

EHRs not a cure-all for medical errors

The Pennsylvania Patient Safety Authority Report identified 3,946 electronic health record-related medical errors from 2004 to 2012.

Is an adulterous affair grounds for malpractice?

Is an adulterous affair grounds for malpractice?

A New York court ruled in a favor of a patient who sued her physician for medical malpractice after their affair ended.

Dispensing the wrong medication

Dispensing the wrong medication

An eager, young clinician makes a serious mistake that causes a heart attack.

New Hampshire Supreme Court affirms malpractice screening panels

New Hampshire Supreme Court affirms malpractice screening panels

Court dismisses concerns that medical malpractice expert panels exert too much pressure on juries.

Pay for performance incentives: Do they reduce mortality?

Pay for performance incentives: Do they reduce mortality?

Details of the implementation of pay for performance incentive programs and the context in which they are introduced may have an important bearing on their outcome.

A critical mistake in the ED

A critical mistake in the ED

Who is at fault when an unattended patient is found cyanotic and unresponsive?

Supportive supervisors make reporting errors easier

Supportive supervisors make reporting errors easier

When clinicians feel safe with their supervisor, they are more likely to report errors - creating a stronger commitment to safer practices and lower future error rates.

Medical errors more common among children with chronic conditions

Medical errors more common among children with chronic conditions

Children hospitalized with chronic medical conditions are more likely to be affected by medical errors than those who are hospitalized but don't have a chronic condition.

Kansas Supreme Court upholds medical malpractice cap

Kansas Supreme Court upholds medical malpractice cap

The Kansas Supreme Court ruled in favor of reducing the damages awarded to a patient who had the wrong ovary surgically removed from $759,679 to $334,679.

Incorrect 
triage caused critical delay

Incorrect 
triage caused critical delay

A woman in her early 60s presented with chest pain and was miscategorized in the emergency department.

ICU misdiagnoses claim as many as 40,500 lives per year

ICU misdiagnoses claim as many as 40,500 lives per year

More than one in four patients included in a metaanalysis had at least one missed diagnosis at the time of death in an intensive care unit.

Clinicians sue patient for malicious prosecution in malpractice suit

Clinicians sue patient for malicious prosecution in malpractice suit

Can clinicians sue a patient who originally took them to court for malpractice, but then dismissed the case?

Nurse accidentally trashes kidney slated for transplant

Nurse accidentally trashes kidney slated for transplant

An Ohio medical center has temporarily suspended its living donor kidney transplant program after a nurse accidentally threw out a kidney.

Do HIPAA rules apply to family?

Do HIPAA rules apply to family?

One nurse found out the hard way that any breach of privacy is grounds for dismissal.

Majority of Americans concerned about medical errors

Majority of Americans concerned about medical errors

Miscommunication among hospital staff was cited as the top reason why respondents believe most medical mistakes occur.

Massachusetts enacts new malpractice program

Massachusetts enacts new malpractice program

The program allows clinicians to acknowledge making a mistake without it being used as an admission of liability.

State Supreme Court strikes down Missouri malpractice liability cap

State Supreme Court strikes down Missouri malpractice liability cap

According to the decision, the cap "infringes on the jury's constitutionally protected purpose of determining the amount of damages sustained by an injured party."

Fire in the operating room

Fire in the operating room

A lack of communication
 between a surgeon 
and an anesthetist has disastrous consequences.

Consumer Reports issues hospital safety ratings

Consumer Reports issues hospital safety ratings

Many hospitals scored fewer than 50 points on the 100-point hospital safety scale, which rated facilities based on their performance in six categories.

NH passes malpractice reform bill, despite veto

NH passes malpractice reform bill, despite veto

The new law incentivizes defendants in medical malpractice cases to make settlement offers early in the litigation process to cut back on the time, expenses and uncertainty associated with malpractice lawsuits.

Pancreatitis leads to foot amputation

Pancreatitis leads to foot amputation

Was a clinician negligent in the administration of a standard drug used for treating pancreatitis?

How do you handle the parents?

How do you handle the parents?

A steadfast clinician gets into trouble when she examines a minor without express verbal consent.

Including pictures in EHRs reduces errors

Including pictures in EHRs reduces errors

Including a patient photograph on a verification screen in electronic health records could help prevent clinicians from placing incorrect orders.

NY patient awarded $120 million in malpractice lawsuit

NY patient awarded $120 million in malpractice lawsuit

A Bronx jury awarded close to $120 million to a woman who suffered brain damage after being treated at three New York area hospitals.

Clinicians win most malpractice suits, but battles are lengthy

Clinicians win most malpractice suits, but battles are lengthy

Medical malpractice lawsuits can take anywhere between 20 months to 44 months to be resolved, study findings suggest.

A clinician sues after being fired

A clinician sues after being fired

Accusations of racial discrimination are raised against an ­unsuspecting supervisor.

ED interpreters help reduce medical errors

ED interpreters help reduce medical errors

Employing professional translators for non-English speaking patients in hospital emergency departments (EDs) reduces miscommunication and errors, study results suggest.

Pennsylvania medical malpractice claims level off

Pennsylvania medical malpractice claims level off

Consumer rights groups contend that declines reflect a nationwide reduction in malpractice lawsuits, but the Pennsylvania judiciary attributes the changes to two rules implemented in 2003.

Massachusetts' hospitals pilot medical liability initiative

Massachusetts' hospitals pilot medical liability initiative

Seven healthcare systems in Massachusetts will formally pilot a project that will attempt to resolve medical liability issues without malpractice trials.

Former airman sues U.S. government for medical malpractice

A former airman who lost his legs due to a botched gallbladder surgery is challenging the Feres Doctrine and suing the U.S. government, the Air Force and the David Grant Medical Center for medical malpractice.

Six states account for 50% of malpractice payouts

New York state spent the most in malpractice payouts in 2011.

Medical errors psychologically detrimental for clinicians

Clinicians' ability to provide patient care may be impaired immediately after surgical catastrophes, but few report receiving time off.

Indemnity payments jack up malpractice defense costs

Malpractice laims in which an indemnity payment was made were associated with higher mean defense costs -- $45,070 vs. $17,130 -- an analysis reveals.

Lawsuit 
follows IV injection

Lawsuit 
follows IV injection

A patient undergoing 
myocardial perfusion 
imaging claims the IV 
led to nerve damage.

A clinician breaks the cardinal rule

A clinician breaks the cardinal rule

A serious accident during a patient's discharge leads to potentially life-threatening injuries and a lawsuit.

Actor James Woods advocates for medical apology bill

Many clinicians fear that an apology could be used against them if a malpractice lawsuit occurs.

Patient safety studies in ambulatory care setting lacking

Research and initiatives in ambulatory safety were remarkably limited between 2000 and 2010, both in quantity and in the ability to generalize from the studies that were reported.

New York City hospitals score poorly on patient safety

Thirty of the nation's 50 lowest-scoring hospitals on patient safety are located in New York City and adjoining communities in West Chester, Long Island and New Jersey.

Florida considers patient compensation system

By utilizing an administrative rather than judicial process for medical malpractice claims, Florida's newly proposed patient compensation system would closely model the state workers' compensation program.

Minnesota medical board comes under scrutiny

The Minnesota State Board of Medical Practice is accused of not adequately disciplining health-care providers that practice substandard medicine.

Arizona senate panel votes to curb 'wrongful birth' suits

If the ruling passes, health care providers will not be responsible for cost of living expenses for healthy or unhealthy children born when a clinician fails to properly communicate the results of prenatal screenings or fetal risk factors.

A patient ignores a suspicious breast lump

A patient ignores a suspicious breast lump

When a patient does 
not comply with medical 
recommendations, how 
do you protect yourself?

Navigating a negligence lawsuit

Navigating a negligence lawsuit

A nurse's careless mishandling of medical 
evidence jeopardizes a criminal rape case and causes undue emotional harm.

Wyoming malpractice verdict breaks state record

A jury in Wyoming recently ruled in favor of Louis Prager, a 51-year-old field worker, awarding him and his wife a record-breaking $9 million in damages after an ED physician at a regional hospital did not order neck X-rays or CT scans after an accident.

Malpractice attorney arrested for stealing from clients

A New York attorney allegedly stole $70,000 after his clients refused settlement money.

Mobile technology may distract clinicians, increase malpractice risk

Clinicians sometimes use their smart phones and tablet computers for personal matters — checking social networking websites, news and even airfare prices while on the job — in a phenomenon termed "distracted doctoring."

Nonpunitive health-care settings improve error reporting

Many more medical errors are reported when the process is anonymous and the health-care environment is nonpunitive, study results indicate.

Indiana medical errors hit five-year high

Medical errors, including pressure ulcers and leaving surgical instruments in patients, increased in Indiana hospitals despite statewide programs intended to reduce mistakes.

New York malpractice program may help expedite case resolution

Judge-directed negotiation programs consist of a judge with malpractice expertise helping facilitate negotiations between both parties, without imposing settlement amounts. If the parties are not happy with the process, they can opt to have the case go through the court system in the normal manner.

A urologist is sued after failure to take a complete history

A urologist is sued after failure to take a complete history

Post-surgical complications from a routine procedure and lack of follow-up land a clinician in court.

Dispute over public access to malpractice records continues

The Department of Health and Human Services shut down public access to its National Practitioner Data Bank in September 2011, stating concerns about the media's ability to "triangulate" confidential data using court records to reveal classified information.

Use caution providing medical advice via telephone

Use caution providing medical advice via telephone

A young clinician working 
in a depressed urban area gives medical advice over the phone to a mother concerned about her child's abdominal pain, and then must pay the consequences.

Rushing electronic health record implementation may introduce liability

A recent white paper from AC Group, a Texas-based health IT research and consulting firm, suggests that the rushing to implement electronic health records (EHRs) may actually expose physicians to a greater risk for malpractice lawsuits as many introduce technically inadequate EHRs that are missing important components.

Better diagnostic test reporting needed to avoid malpractice claims

Failure of physicians and patients to receive diagnostic test results, delays in reporting findings, and lengthy turnaround times for receiving diagnostic test results are among the top reasons researchers identified for the approximate 40% increase in malpractice payments based on diagnosis that occurred between 1996 and 2003.

Malpractice firm loses hard drive with patient medical records

An employee at the medical malpractice firm representing cardiologist, Mark Midei, MD, who has been accused of performing unnecessary stent procedures, misplaced a hard drive containing patient medical records. Should law firms be subject to HIPAA regulations?

Settlement reached in malpractice case involving physician's death

A doctor with Lambert Eaton Myasthenic Syndrome was mistakenly administered insulin by a nurse who neglected to read a note in his medical history specifying the patient could not receive the drug.

Malpractice caps fail to reduce health costs, report indicates

Exorbitant pain and suffering awards have been blamed for high clinician insurance premiums and increases in overall health insurance costs, but a new report shows that capping payments did not solve these problems.

Painful BP cuff leads to arm injury

Painful BP cuff leads to arm injury

Can a clinician be sued for battery if a patient objects to a medical treatment, even after giving consent?

Watchdog group claims California not disciplining dangerous docs

Public Citizen has alerted California Gov. Jerry Brown that the state's medical board has failed to take action against more than 700 health care providers who were disciplined for wrongdoing between September 1990 and the end of 2009.

A nurse oversteps clinic's privacy policy

A nurse oversteps clinic's privacy policy

An eager, young clinician learns the hard way that discretion is the first rule of law in medicine.

Florida malpractice suit challenges state's cap on noneconomic damages

The family of a 20-year-old Florida woman who died during child birth is appealing a claim that capped the amount of awarded pain and suffering damages they could receive.

Most health-care providers face malpractice suits

Although medical malpractice lawsuits are common, payments are not — only about 20% of cases analyzed in a recent New England Journal of Medicine study resulted in an indemnity payment.

Dialysis access when both arms have shunts

If a patient has a nonfunctional arteriovenous (AV) shunt in one arm and a functional shunt used for dialysis in the other, does the avoidance of an IV access in the arm with the nonfunctional shunt still apply?

Oregon streamlines physician assistant licensure process

The new licensure process will be based on a practice agreement developed in conjunction with a supervising physician and filed with the Oregon Medical Board, eliminating archaic language that required that each PA's scope of practice and supervision requirements be determined by the state medical board.

North Carolina caps malpractice damages

House overrides governor's veto, limiting malpractice awards for noneconomic damages to $500,000.

Illinois passes 'Patients' Right to Know Act'

Patients will soon have access to detailed clinician histories online, including information on past malpractice lawsuits.

Is colon cleansing safe?

Many patients seek clinician approval before undertaking various fasting and detoxification regimens.

North Carolina governor vetoes medical malpractice reform bill

Senate Bill 33 to cap noneconomic malpractice damages vetoed after governor calls legislation "unbalanced."

Medical errors as common in doctor's offices as hospital settings

Outpatient malpractice claims increased from 41.7% to 43.1% from 2005 to 2009, whereas hospital malpractice claims decreased from 49.3% to 47.6%.

West Virginia court upholds medical malpractice damage cap

West Virginia has upheld a 2003 law capping damages for pain and suffering at $250,000 (or $500,000 in more serious cases) in a lawsuit involving a man who developed rhabdomyolysis from adverse medication interactions.

Juror in medical malpractice lawsuit charged with soliciting bribes

A juror was arrested in the middle of a medical malpractice trial and accused of soliciting bribes in order to procure a plaintiff's verdict.

Do docs believe PAs increase ED malpractice risk?

PAs now treat approximately 10% of the total patient population that visits the emergency department each year; yet ED physicians sometimes view these clinicians as a professional threat.

Malpractice payments drop for seventh consecutive year

The number of malpractice payments made on behalf of doctors in 2010 is the lowest on record since the consumer watchdog group Public Citizen began tracking these payments in 1990, yet health care costs continue to rise.

Supreme Court considering case that challenges military malpractice shield

The United States Supreme Court is considering whether to hear a case that would challenge the doctrine that prevents lawsuits against military medical personnel.

Florida legislature passes medical liability reforms

Two new bills addressing malpractice reform issues have been passed by the Florida legislature and are currently awaiting the signature of Governor Rick Scott (R).

Doctor speaks out as Senate and House debate malpractice reform in NC

A physician whose wife was disfigured in an operating room fire has issued a press release and a television ad protesting North Carolina Senate Bill 33, which limits the caps on pain and suffering regardless of whether they resulted in disfigurement, mutilation, loss of limb, paralysis, pain, suffering, blindness or death.

Coding and billing: keeping an eye on the bottom line

In an ideal world all we would have to think about is good medicine, but in the real world with the current healthcare system, keeping an eye on the bottom line is part of our job.

A misstep online: when a blog hurts

A misstep online: when a blog hurts

Navigating social media is especially tough for young professionals. Did a nursing student cross the line?

When tests are clearly necessary

When tests are clearly necessary

Two clinicians failed to refer a longstanding patient, even though they knew of a history of familial risk.

Signs clearly show cardiac concern

Signs clearly show cardiac concern

Tragedy strikes when a clinician signs an athlete's release form without waiting for test results.

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