Legal Advisor

Outdated vaccine  protocol

Outdated vaccine protocol

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A child deals with the consequences of a lesser vaccine, because a medical practice did not update its immunization policies.

Undiagnosed cellulitis

Undiagnosed cellulitis

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A patient is asked to follow up for care but does not, and severe cellulitis develop

Missed blood test results

Missed blood test results

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A patient's positive hepatitis B results were overlooked for 7 years.

Unchecked MRI results

Unchecked MRI results

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A clinician sends an 18-year-old patient for a same-day MRI but forgets to review the results with the same urgency.

A clinician and patient mistake

A clinician and patient mistake

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It is well-accepted that healthcare practitioners have a duty to their patients, but do patients have a duty as well?

Adverse events in hospitals on the decline

Adverse events in hospitals on the decline

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Several reports have found that the rate of adverse events among hospitalized patients has been declining in recent years.

Another 
clinician's prescription

Another 
clinician's prescription

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A communication failure 
when one clinician refills a prescription written by another has a dire result.

Jury sides with clinician in medical malpractice case blamed on smoking

Jury sides with clinician in medical malpractice case blamed on smoking

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A clinician was found not guilty of negligence after his patient, a lifelong smoker, died of cancer.

One in 5 hospitals has failed to adopt a "never events" policy

One in 5 hospitals has failed to adopt a "never events" policy

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A significant number of hospitals do not have sufficient policies in place to deal with the aftermath of egregious hospital errors.

Accessing a relative's charts

Accessing a relative's charts

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A medical center takes issue with a clinician who uses her employee access to view her ex-husband's medical records.

Collaborative practice agreements

Collaborative practice agreements

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Duty of care owed to a nurse practitioner's patient by a collaborative practice partner comes into question.

Heart attack misdiagnosed as heartburn

Heart attack misdiagnosed as heartburn

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A clinician turns away a man looking for assistance before a walk-in clinic is open for the day.

Violation 
of patient 
privacy

Violation 
of patient 
privacy

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A nurse divulges a patient's sexually transmitted 
disease to his girlfriend, who happens to be the nurse's sister-in-law.

Undisclosed condition 
leads to death

Undisclosed condition 
leads to death

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A patient's widow 
asserts that the clinician
 should have checked
 hospital records taken prior to admission.

When can a car crash be considered medical malpractice?

When can a car crash be considered medical malpractice?

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A patient got into a car accident after clinicians failed to warn her of the side effects of the drugs they administered to her.

Medical malpractice claims against anesthesiologists decreasing

Medical malpractice claims against anesthesiologists decreasing

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The number of medical malpractice claims made against anesthesiologists has significantly decreased since 2005.

Could Denmark be the blueprint for an American medical malpractice overhaul?

Could Denmark be the blueprint for an American medical malpractice overhaul?

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Denmark's compensation-based medical malpractice program has several features that could benefit the current malpractice system in the United States.

Which clinicians get sued, and why?

Which clinicians get sued, and why?

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Clinicians are more likely to have been sued if they practice in obstetrics/gynecology, surgery, or orthopedics.

Florida attorney general defends state's medical malpractice limits

Florida attorney general defends state's medical malpractice limits

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The attorney general of Florida has filed a brief defending the state's current monetary cap on medical malpractice awards.

Hospital-acquired conditions have decreased since Affordable Care Act implemented

Hospital-acquired conditions have decreased since Affordable Care Act implemented

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Since the start of the Affordable Care Act in 2010, patient deaths due to hospital-acquired infections have dropped by almost 90,000.

Autopsy as medical procedure

Autopsy as medical procedure

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After an inconclusive autopsy, a hospital refuses to return a deceased patient's heart to his widow.

Insurer practices are subject of $10M malpractice suit

Insurer practices are subject of $10M malpractice suit

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After their daughter died from a brain injury, her parents are suing their health insurance company for breaching fiduciary duties.

Mitigating malpractice risk through defensive medicine

Mitigating malpractice risk through defensive medicine

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So-called "defensive medicine" accounts for extra, perhaps unnecessary, healthcare costsS

As many as 20% of hospitals reject policies to reduce errors

As many as 20% of hospitals reject policies to reduce errors

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Many hospitals are unwilling to adopt policies that can reduce errors.

Wisconsin malpractice claims lowest of any state

Wisconsin malpractice claims lowest of any state

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Wisconsin has the lowest medical malpractice claims in the country, which may be due to caps on noneconomic damages.

Defamation award results from operating room misconduct

Defamation award results from operating room misconduct

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Clinicians in the operating room were sued for defamation after insulting a patient while he was under anesthesia.

Referral misses 
drug-seeking 
behavior

Referral misses 
drug-seeking 
behavior

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A patient overdoses when communication breaks down between clinicians.

Outpatient care results in lawsuit

Outpatient care results in lawsuit

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Serious complications 
follow a decision not to hospitalize a patient.

Late consult ends in brain damage

Late consult ends in brain damage

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A clinician fails to urgently obtain a neurologic 
referral for a baby with developmental delays.

Providers applaud medical malpractice provision in the Sustainable Growth Repeal bill

Providers applaud medical malpractice provision in the Sustainable Growth Repeal bill

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Providers have been concerned that quality metrics, such as those mandated by the Affordable Care Act, pose unintended legal risks for health-care practitioners.

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