NP Sued for Prescribing Too Much Medication to Patient
A nurse practitioner (NP) was sued after a patient was harmed because of a prescribing error.
Legal Advisor
Man Escorted Out of Hospital Without Being Seen: Is This an EMTALA Violation?
A hit and run victim was escorted out of the emergency department without being seen. Is this an EMTALA violation?
Clinic Liable for $27 Million After PA Misdiagnosed Meningitis as Influenza
A man presents to urgent care with influenza-like symptoms, agitation, and confusion. Read how his meningitis symptoms were misdiagnosed.
Was Nurse a Legitimate Whistleblower or Did She Commit a Privacy Violation?
A nurse sues after she was fired from her job for patient privacy violations. She alleges she notified a physician about another physician’s error; thus, she claims that she was fired for being a whistleblower.
Who May Testify About an NP’s Standard of Care in a Legal Case?
In a medical malpractice case, it is important to remember that the burden of proving that the clinician breached the standard of care is on the plaintiff. When the clinician is an NP, the standard of care should be for NPs not physicians.
Clinician’s Duty of Care Not Negated by Patient Suicide, Court Holds
Is a clinician liable for not properly treating a patient who later dies by suicide and kills his family?
Can an Injured Third Party File a Malpractice Claim?
Is a clinician liable for misdiagnosis of a patient that results in injury to a third party?
North Carolina Supreme Court Overturns Precedent Shielding Nurses From Liability
A recent decision by the North Carolina Supreme Court overturned a 90-year-old precedent protecting nurses from liability if they were following a doctor’s order. The case has caused great concern among the medical community and could potentially result in more lawsuits against nurses.
Legal Advisor: When Is Free Speech Hate Speech?
This case outlines whether an employer can fire an employee for inappropriate social media posts. If your employer has a social media policy, familiarize yourself with it.
Be Careful What You Sign in Medical Charts
Can signing off on a note in a patient’s medical chart constitute provision of health care? Read our latest Legal Advisor to find out.
HIPAA-Based Suit Dismissed by Court
Medical records in a sexual assault case were obtained by the suspect’s mother, a nurse at the hospital. Read what happened in this HIPAA-based case.
Does a State Malpractice Cap Apply to PAs?
The case highlights concerns regarding malpractice caps for PAs who have DSA agreements with physicians.
Gastric Band Infection Leads to Stroke and Death
Delay in removal of gastric band leads to infection, subarachnoid hemorrhage, and death.
Nurse Denied Religious Exemption for Flu Vaccine
Although the facts in this month’s Legal Advisor predate the COVID-19 pandemic, the legal impact is likely to be relevant in cases that involve religious exemption for mandatory vaccines.
Patient Sues NP for Missed Diagnosis of Hip Fracture… But Is That Malpractice?
A litigious patient mistakenly believes that a misdiagnosis is grounds for malpractice.
Case Stresses the Importance of Patient Education on Hypertension
The court was asked to decide whether an NP was negligent for a patient developing stage 5 kidney disease because the NP failed to educate the patient that not taking his medication could lead to this complication.
Hospitalized COVID-19 Patient Demands Therapy With Ivermectin
In this case, a court was asked to compel a health care provider to give ivermectin to a hospitalized patient with COVID-19. Find out how the court ruled.
Is Having an Elevated Risk of COVID-19 Complications a Disability?
The court was asked to decide whether individuals with an underlying condition that places them at an elevated risk of complications from exposure to COVID-19 are qualified as disabled under the Federal Americans with Disabilities Act (ADA).
Delayed Dx of Meningitis in Teenager
Is the physician owner of a medical clinic vicariously liable for not supervising a PA student?
Sudden Death After ED Visit
A PA was recently exonerated of claims of negligence and wrongful death following a week-long jury trial. Read how the case unfolded.
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