Articles Tagged With: liability
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Physician Phone Consultation Leads to Potential Liability
This case is an example of how a physician-patient relationship can be formed, even when no direct contact occurs between the physician and patient, or even when the physician is informally consulted by phone.
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Patient's Gangrene Results in Amputation, Hospital's Potential Liability
In this case, evidentiary concerns presented material issues for the defendant hospital, which was disputing liability early in the litigation.
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Staffing Shortages Could Increase Liability Risks
Staffing shortages can cause a wide range of problems within a healthcare facility. Most of those issues can lead to greater liability risks. Risk managers are struggling to alleviate those risks even as the staffing challenge gets progressively worse. -
Emergency Providers Uneasy About Recording Visits
Clinicians might need more information, such as specifics on who would record the discharge instructions, whether it would be recorded on the patient’s personal smartphone, and what safeguards could be required to ensure patient privacy. Combined with possible involvement of the hospital’s legal department, this might make providers more comfortable with the idea.
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Admissibility of ED Recordings Depends on Multiple Factors
Even if the patient recorded the entire discharge instructions, relevant discussions might have happened throughout the visit. The defense can challenge the admissibility based on that argument, but the ruling could go either way.
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Prosecution for Excessive Painkillers Tough Case to Make
In a highly publicized case, a critical care doctor was acquitted on 14 counts of second-degree murder. The prosecution alleged the defendant had ordered excessively high fentanyl dosages that caused patient deaths. Prosecutors presented solid evidence and a strong circumstantial case, yet the defense still won. In this case, prosecutors had to prove either the doctor knew the dose of painkillers could kill the patient, or the doctor was aware of the risk, and the risk was unreasonable.
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Debilitating Leg Surgery and Failure to Diagnose Results in $111 Million Verdict
In this matter, the principal issue is the physician’s failure to evaluate, diagnose, and treat the patient’s acute compartment syndrome. A failure to diagnose is an unfortunately common form of medical malpractice.
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Failure to Diagnose and Treat Lupus May Support Liability for Psychiatrist
From the legal perspective, this case highlights the importance of experts for medical malpractice litigation and finding the right expert. Since the practice of medicine is a highly skilled and highly specialized field, it is critical for an expert to possess the requisite skill, knowledge, and experience to persuasively comment on pertinent issues.
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Admissibility of ED Recordings Depends on Multiple Factors
Even if the patient recorded the entire discharge instructions, relevant discussions might have happened throughout the visit. The defense can challenge the admissibility based on that argument, but the ruling could go either way.
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Emergency Providers Uneasy About Recording Visits
Clinicians might need more information, such as specifics on who would record the discharge instructions, whether it would be recorded on the patient’s personal smartphone, and what safeguards could be required to ensure patient privacy. Combined with possible involvement of the hospital’s legal department, this might make providers more comfortable with the idea.