Malpractice News Archive
Several reports have found that the rate of adverse events among hospitalized patients has been declining in recent years.
A clinician was found not guilty of negligence after his patient, a lifelong smoker, died of cancer.
A significant number of hospitals do not have sufficient policies in place to deal with the aftermath of egregious hospital errors.
Joan Rivers' family filed a medical malpractice suit after her death, and the case has been settled.
A small percentage of clinicians account for almost one-third of paid malpractice claims.
In the United States, some states have 4 times more disciplinary actions for clinicians compared with other states.
A new bill has passed in the Indiana state Senate that will increase malpractice caps to $1.8 by mid-2019.
A nurse was charged with a felony and lost her license after distributing pictures of a patient's genitals to coworkers.
Brigham and Women's Hospital has taken the bold step of publishing a public blog of its medical errors and close calls.
An undisclosed settlement was reached between the family of a deceased physician and the hospital at which she had just become a pediatric resident.
Of the parents surveyed, 34 reported a total of 37 safety incidents.
Five states are considering adopting a new Patient Compensation System that would streamline the process of filing medical malpractice cases.
A new study found that communication failures contributed to almost one-third of all medical malpractice cases in the United States.
Republicans in Indiana want to raise the state's malpractice cap in an attempt to retain the cap's existence.
A patient got into a car accident after clinicians failed to warn her of the side effects of the drugs they administered to her.
The number of medical malpractice claims made against anesthesiologists has significantly decreased since 2005.
Denmark's compensation-based medical malpractice program has several features that could benefit the current malpractice system in the United States.
Clinicians are more likely to have been sued if they practice in obstetrics/gynecology, surgery, or orthopedics.
The attorney general of Florida has filed a brief defending the state's current monetary cap on medical malpractice awards.
Since the start of the Affordable Care Act in 2010, patient deaths due to hospital-acquired infections have dropped by almost 90,000.
After an inconclusive autopsy, a hospital refuses to return a deceased patient's heart to his widow.
After their daughter died from a brain injury, her parents are suing their health insurance company for breaching fiduciary duties.
So-called "defensive medicine" accounts for extra, perhaps unnecessary, healthcare costsS
Senators and residents of Wisconsin are lobbying to change the state's malpractice laws.
A Minnesota man was awarded $9.1M after anesthesiologists interrupted his treatment for dehydration, resulting in paralysis.
Presidential candidate Ben Carson is a retired pediatric neurosurgeon has several malpractice suits against him that are still pending.
Indiana's medical malpractice cap of $1.25 million will be reviewed this month.
The Florida Supreme Court will weigh in on whether a physician was negligent in a patient's suicide.
Late intervention to treat an abscess resulted in the patient being paralyzed in both arms and legs.
Male clinicians are more than two and half times likely to be sued than female clinicians.
After a misdiagnosis of a swollen lymph node, a patient's spinal accessory nerve was damaged.
Improved patient communication can help hospitals avoid medical malpractice lawsuits.
Many hospitals are unwilling to adopt policies that can reduce errors.
Wisconsin has the lowest medical malpractice claims in the country, which may be due to caps on noneconomic damages.
Clinicians in the operating room were sued for defamation after insulting a patient while he was under anesthesia.
The New York Assembly is trying to pass a law that changes the malpractice statute of limitations.
In 2003, Florida created a state cap for malpractice suits, and this cap does not apply to retroactive cases.
Physicians with a high profile are more likely to garner a lot of attention if they are sued for malpractice.
In 2014, only 1,463 new cases were filed, which is a 46% decline since 2000 to 2002.
Although electronic health records (EHRs) issues were only involved in 1% of a sample of lawsuits from 2007 to 2013, the frequency of EHR-related lawsuits doubled between 2013 and 2014.
The new legislation, which caps non-economic damages at $400,000, comes three years after a similar law was struck down in the state's supreme court.
Only two states, New Jersey and Massachusetts, have ruled on patients' rights in a non-compete situation thus far.
Supporters of the bill believe it will reduce medical malpractice insurance rates, keep doctors from fleeing the state, and reduce incentives for frivolous lawsuits.
Half of the nurses surveyed reported personally witnessing a medical error due to lack of device coordination.
Investigators looked to see if tort reform positively influenced the number of clinicians and decreased health-care costs overall.
The bill is the latest in a series of attempts to establish an administrative system to handle medical malpractice cases.
The Yorkville Endoscopy clinic has been found deficient by the CMS and has been prohibited from receiving Medicare or Medicaid funds unless it complies with mandated changes by early March.
A survey of Massachusetts residents concluded overwhelming public support for more transparency from providers and hospitals.
While most states allow adult children and parents of adult children to sue based on a loved one's death, Wisconsin does not.
Hospitals that were penalized for high preventable error rates will have their Medicare payments lowered by 1% over the fiscal year.
Prior to the new ruling, cruise lines were immune from medical malpractice lawsuits. Passengers had to sue medical personnel personally.
Currently, California allows up to $250K in noneconomic damages in medical malpractice suits.
Most progress occurred in 2013, when 35,000 fewer patients died in United States hospitals.
Since 1999, the number of medical malpractice lawsuits filed in Wisconsin has fallen by more than 50%.
HHS released details on how patient information can be shared during a public-health emergency.
The ballot initiative requiring the drug testing of clinicians and raising of malpractice caps in California has been struck down.
A Wisconsin judge ruled that the state's malpractice caps law does not apply to a patient who lost all four limbs.
The law requiring any patient filing a medical malpractice suit to release protected health information has been declared constitutional by a Federal appeals court.
Experts have said that it is unlikely that Texas Health Presbyterian Hospital will see a lawsuit from the first American Ebola victim's family.
After a surgeon administered a dye that resulted in the death of a patient, cognitive bias was found to be the cause of the deadly hospital error.
Initial public support of Proposition 46 in California has diminished as voters express unhappiness with the ballot's increase in non-economic damages.
New York Law School publishes an update on the state of medical malpractice information in the United States.
Troy and Alana Pack Patient Safety Act would require drug testing for physicians and an increase in malpractice caps.
A widow received the highest malpractice award in an Alabama county's history after her husband's heart attack was misdiagnosed.
In 2012, Massachusetts implemented legislation that requires more thorough reporting of medical errors, which may explain the state-wide increase in errors.
Two new state rulings are credited with the drop in malpractice filings.
Medical errors are the third leading cause of death in the United States.
A Milwaukee patient was awarded $25 million after loss of all four limbs due to undiagnosed group A streptococcal infection.
New programs aim to decrease medical mistakes by using simulations and increasing communications amongst the staff.
Abusing social media is one of the many charges a Washington state physician faces.
California has not raised pain-and-suffering malpractice caps since 1975.
Rejection common if damages were less than $250,000.
Incorrect diagnoses, breaches of care, and errors during procedures top the list of medical malpractice cases in internal medicine.
About 20% of claims ended with an indemnity payment.
Brief clinical interaction and limited diagnostic time contribute to misdiagnoses.
State strikes down a law capping how much an injured plaintiff can receive for pain and suffering.
Law makes apologies, expressions of sympathy and words of compassion inadmissable in malpractice cases.
Medical malpractice payouts increase for the first time since 2003.
The state's Supreme Court will decide if malpractice caps apply to nursing homes.
The new act proposes lowering healthcare costs and improving patient care using evidence-based guidelines developed by healthcare professionals.
California court of appeals reverses malpractice ruling on medical objects left in body.
A new bill proposes eliminating the penalty for those who choose to proceed to trial.
A Pennsylvania jury has awarded over $32 million to a young girl who suffered brain damage at birth.
A House committee has endorsed a bill to cap Missouri medical malpractice awards at $350,000 for noneconomic damages.
A teen is declared brain dead after complications following a routine tonsillectomy.
A mistreated scrotal infection eventually led to castration.
Statutory cause of action, changes to standard of proof proposed.
A jury sided with the parents of an injured child in their lawsuit against two physicians and a nurse practitioner at Tufts Medical Center.
The number of medical malpractice lawsuits filed in Tennessee has dropped 36% since the state implemented malpractice reform.
Adopting standardized communication procedures during this crucial time may help reduce errors.
Set in 1975, the $250,000 cap on noneconomic damages in malpractice cases is equivalent to about $58,000 in 2013 dollars.
Medical malpractice cases take longer to resolve than any other type of legal case.
A patient is permanently disabled after a surgeon perforated his small intestine during a hernia surgery and failed to repair the injury.
The U.S. Department of Veterans Affairs has faced increasing scrutiny for paying bonuses and raises to healthcare practitioners who allegedly provide substandard care.
New estimates place the lower limit of preventable deaths at 210,000 per year -- significantly more than the Institute of Medicine's estimate of 98,000.
The Patient Injury Act proposes replacing medical malpractice lawsuits with an administrative claims system.
The Volunteer Health Services Act (SB129) waives civil penalties against volunteer health professionals.
Default settings in electronic health records designed to improve efficiency and standardization can cause harm when not used properly.
Healthcare costs continue to rise despite reductions in frequency, amount of malpractice payouts each year for the past decade.
A judge signed off on the "bill of costs," ordering the plaintiffs to reimburse the defendant for expenses including legal fees, dinners and room service fees for attorneys and witnesses.