Legal Advisor Archive
A HIPAA violation harms the successful career of a healthcare provider and causes problems for her former and current employers.
A clinician quits her job but afterward sues for wrongful termination.
A clinician fails to follow up after ordering diagnostic tests for a patient.
A patient dies after a clinician fails to act on signs of a potential case of deep vein thrombosis.
A clinician attempts to void a restrictive noncompete clause that she had signed before beginning her current job as an NP.
A clinician shares a patient's incorrect diagnosis with another government agency.
A nurse in a VA facility files a complaint against a clinician, which ends with a criminal conviction.
A clinician makes a dosage change for a patient during a telephone call, which leads to a lawsuit.
Two NPs in practice together end up in court after one loses her license.
A nurse practitioner is sued by her patient's children after their mother is murdered.
A nurse notifies other clinicians that a patient is positive for hepatitis C.
Taking good notes is one of the most important steps a clinician can take to reduce the risk of a lawsuit.
A patient presents with chest pain 6 weeks after beginning use of a contraceptive device.
A clinician files a lawsuit against her employer after being fired for refusing Tdap immunization.
After a nurse is fired for falling asleep at her job at a hospital, she claims that it was in retaliation for taking time off under the FMLA.
An NP does not inform her patient about his lab results, which showed extensive kidney damage. He collapsed 2 months later.
A clinician's failure to follow up on a patient's mole results in a delayed diagnosis of cancer.
A clinician misses a differential diagnosis when she refers a patient to a specialist for rectal bleeding.
A healthcare provider is sued when a patient is determined to believe that she has more than a sore throat.
A student's headaches, lethargy, vomiting, and photophobia are misdiagnosed as migraine.
A woman has a myocardial infarction after her chest symptoms are misdiagnosed as acid reflux.
A child deals with the consequences of a lesser vaccine, because a medical practice did not update its immunization policies.
A patient is asked to follow up for care but does not, and severe cellulitis develop
A patient's positive hepatitis B results were overlooked for 7 years.
A clinician sends an 18-year-old patient for a same-day MRI but forgets to review the results with the same urgency.
It is well-accepted that healthcare practitioners have a duty to their patients, but do patients have a duty as well?
A communication failure when one clinician refills a prescription written by another has a dire result.
A medical center takes issue with a clinician who uses her employee access to view her ex-husband's medical records.
Duty of care owed to a nurse practitioner's patient by a collaborative practice partner comes into question.
A clinician turns away a man looking for assistance before a walk-in clinic is open for the day.
A nurse divulges a patient's sexually transmitted disease to his girlfriend, who happens to be the nurse's sister-in-law.
A patient's widow asserts that the clinician should have checked hospital records taken prior to admission.
Clinicians assume symptoms in a patient who regularly presents intoxicated are due to alcohol.
A clinician misdiagnoses thyroid cancer as acid reflux in a patient who often comes to the clinic.
After a major car accident, two providers disclose a patient's health information to his employer.
A patient dies after a clinician treats a patient for diarrhea and omits further examination.
A clinician misses a fatal pulmonary embolism in a patient known to make minor complaints.
A patient overdoses when communication breaks down between clinicians.
Serious complications follow a decision not to hospitalize a patient.
A clinician fails to urgently obtain a neurologic referral for a baby with developmental delays.
Providers have been concerned that quality metrics, such as those mandated by the Affordable Care Act, pose unintended legal risks for health-care practitioners.
The judgment, awarded by a jury against Children's Hospital Colorado is believed to be the biggest malpractice verdict in Colorado's history.
The state's Medical Mediation Panels also saw a significant drop. Only 118 complaints were filed last year, the lowest in the history of the panels.
A clinician is sued despite catching an overprescribed medication in a patient's admission orders.
One clinician misdiagnoses an adverse effect of a drug prescribed by another.
A patient was referred for a mammogram, but clinicians fail to follow up on the report.
Informed consent becomes muddled during an emergency to check for spinal injury.
A young man dies when an emergent condition is mistaken for a nonemergent one.
Clinicians missed several opportunities to advocate for their patient, leading to the loss of a leg.
A visual check of a student was deemed an "unreasonable search" under the Fourth Amendment.
A clinician who did not know a certain policy causes a chemotherapy problem.
Following up on test findings is a key part of delivering quality patient care and minimizing liability.
Emergency department staff was unaware of special guidelines for chest pain.
A case against a clinician raises the question of whether the error constitutes malpractice.
A clinician's opinions about a patient, noted in the patient's chart, become grounds for charges of defamation.
A young man dies after septic arthritis of the hip is misdiagnosed as a muscle strain or bursitis.
Intracranial bleeding and pressure after removal of an acoustic neuroma leads to permanent damage.
Significant facial edema and redness is misdiagnosed as an allergic reaction — with drastic consequences.
A clinician is terminated from her job for accessing patient information that was beyond her purview.
When a prescription is unclear, supporting clinicians engage in guesswork to decipher the dosage.
Emergency clinicians improperly attended to a bacterial infection in a patient with no spleen.
A young NP performs a routine procedure against the patient's express wishes and winds up in court.
Two clinicians fail to follow up after referring a patient with significant prostatic symptoms.
An inadvertent mistake in transferring a patient's records reveals his HIV status to his employer.
A strong dose of an opioid administered to a woman recovering from surgery causes permanent damage.
A clinician prescribes an antidepressant to a young woman without immediate follow-up.
In response to a federal initiative, a school clinician immunizes a child—but without parental consent.
A clinician finds herself culpable after agreeing to an unorthodox arrangement with a patient.
An elderly man opted for "no heroics" if things went wrong in surgery, but his family felt differently.
What do you do when patient charts have been changed after the fact and medication doses altered?
An eager, young clinician makes a serious mistake that causes a heart attack.
Who is at fault when an unattended patient is found cyanotic and unresponsive?
A woman in her early 60s presented with chest pain and was miscategorized in the emergency department.
One nurse found out the hard way that any breach of privacy is grounds for dismissal.
A lack of communication between a surgeon and an anesthetist has disastrous consequences.
Was a clinician negligent in the administration of a standard drug used for treating pancreatitis?
A steadfast clinician gets into trouble when she examines a minor without express verbal consent.
A patient undergoing myocardial perfusion imaging claims the IV led to nerve damage.
A serious accident during a patient's discharge leads to potentially life-threatening injuries and a lawsuit.
When a patient does not comply with medical recommendations, how do you protect yourself?
A nurse's careless mishandling of medical evidence jeopardizes a criminal rape case and causes undue emotional harm.
Post-surgical complications from a routine procedure and lack of follow-up land a clinician in court.
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.
Can a clinician be sued for battery if a patient objects to a medical treatment, even after giving consent?
An eager, young clinician learns the hard way that discretion is the first rule of law in medicine.
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.
House overrides governor's veto, limiting malpractice awards for noneconomic damages to $500,000.
Patients will soon have access to detailed clinician histories online, including information on past malpractice lawsuits.
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.
Navigating social media is especially tough for young professionals. Did a nursing student cross the line?
Two clinicians failed to refer a longstanding patient, even though they knew of a history of familial risk.
Tragedy strikes when a clinician signs an athlete's release form without waiting for test results.
Working in the health care profession means that the white coat never comes off. Clinicians need to be aware of appropriate online etiquette when using social media websites.
Being part of a state or national medical organization can help you advocate for your profession, promote access to care and improve the healthcare system, along with other perks.
Undetected vascular disease reaches its apex while a man is vacationing. Is the on-call clinician to blame?
A middle-aged man suffers a devastating stroke when his clinicians fail to pick up on his symptoms.
Did a patient die because her clinicians waited too long before referring her to a wound-care clinic?
A busy clinician sees a clear-cut case of harm, but will her clinical notes hold up in court?
Despite widespread programs and initiatives, medical errors still common.
Study finds that sleep deprivation can have as much of an impact as alcohol intoxication on psychomotor and clinical performance.