Legal Advisor

Teen suicide prompts an investigation

Teen suicide prompts an investigation By

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

Swine flu crisis stirs vaccine debate

Swine flu crisis stirs vaccine debate By

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 By

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

Archaic law bars patient with missed cancer diagnosis from suing

Archaic law bars patient with missed cancer diagnosis from suing By

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 By

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

"Do not 
resuscitate" stops CPR

"Do not 
resuscitate" stops CPR By

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 By

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 By

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 By

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 By

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.

Dispensing the wrong medication

Dispensing the wrong medication By

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

A critical mistake in the ED

A critical mistake in the ED By

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

Incorrect 
triage caused critical delay

Incorrect 
triage caused critical delay By

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

Majority of Americans concerned about medical errors

Majority of Americans concerned about medical errors By

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 By

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 By

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 By

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

NH passes malpractice reform bill, despite veto

NH passes malpractice reform bill, despite veto By

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 By

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? By

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 By

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 By

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 By

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 By

Accusations of racial discrimination are raised against an ­unsuspecting supervisor.

Former airman sues U.S. government for medical malpractice

By

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

By

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

Medical errors psychologically detrimental for clinicians

By

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

By

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 By

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 By

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

A patient ignores a suspicious breast lump

A patient ignores a suspicious breast lump By

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.

Nonpunitive health-care settings improve error reporting

By

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

By

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

By

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 By

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

Use caution providing medical advice via telephone

Use caution providing medical advice via telephone By

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.

Malpractice firm loses hard drive with patient medical records

By

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

By

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 By

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

A nurse oversteps clinic's privacy policy

A nurse oversteps clinic's privacy policy By

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

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?

Is colon cleansing safe?

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

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?

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.

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.

Patient haunted by misdiagnosis

Patient haunted by misdiagnosis

A middle-aged man suffers a devastating stroke when his clinicians fail to pick up on his symptoms.

Partial limb amputation causes suit

Partial limb amputation causes suit

Undetected vascular disease reaches its apex while a man is vacationing. Is the on-call clinician to blame?

ED interruptions result in errors

Emergency department (ED) doctors spend less time directly caring for patients, and more time on indirect care; and frequent interruptions while working are a contributing factor to medical errors.

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