Medical Malpractice

News & Analysis as of

Health Alert (Australia) - April 13, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 27 March 2015 - Public consultation opens on draft Principles and guidelines for the care and use of non-human primates for scientific...more

What Oklahoma's amended Uniform Controlled Dangerous Substances Act means for prescribing medical providers

Last Friday, Oklahoma Governor Fallin signed House Bill 1948 into law, amending the Uniform Controlled Dangerous Substances Act. The new law, which goes into effect on November 1, 2015, enhances access to Oklahoma’s...more

8 biggest medical mistakes patients face today

According to a recent study in the Journal of Patient Safety, between 210,000 and 440,000 people die each year in the U.S. due to preventable medical mistakes in hospitals. If this staggering number is accurate, medical...more

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Study: Improve caregiver communication and lower medical mistakes

According to a recent study in the Journal of Patient Safety, between 210,000 and 440,000 patients die each year in U.S. hospitals due wholly or in part to preventable medical errors. ...more

Laypersons’ Observations of Hospital Staff’s “Lack of Urgency” in Treating Relative Sufficient to Sustain Claim for Negligent...

In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more

Westerhoff and McCallum: More from the OCA on Expert Evidence

The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.  All three appeals were heard together....more

Nurse fatigue raises risk of medical errors

Few Illinois workers have the potential to make fatal errors when they become fatigued while on the job. An Illinois medical malpractice lawyer likely knows that nurses are chief among workers with this potential....more

Long Tail Personal Injury Claims – Have the Gates Opened in Western Australia?

In September 2014, we reported on the argument before the Supreme Court of Western Australia Court of Appeal in an appeal against the decision of Dixon v Clarke [2013] WASC 471.  The Court of Appeal delivered its reasons for...more

Colorado Tax Revenue for Recreational Marijuana Lower Than Expected

Last month, the Colorado Department of Revenue released the December sales tax data for recreational marijuana, bringing the total for Colorado’s first full calendar year of taxes on recreational marijuana to about $44...more

Health Alert (Australia) - March 23, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: New South Wales (NSW). Ministry of Health - Media Releases - 18 March 2015 - NSW says protect against mosquitoes after huge...more

Wrong-site surgeries underreported

When Illinois residents seek surgical treatment they often trust that their physicians will do their best to ensure that they come out of surgery in better condition than they when they arrived. Unfortunately, a Chicago...more

Reinsurance Exclusion Bars Coverage For Bad Faith Lawsuit

A federal judge in North Carolina recently examined a reinsurance policy provision excluding loss “resulting from any claim for . . . any actual or alleged lack of good faith or unfair dealing in the handling of any claim or...more

Health Alert (Australia) - March 16, 2015

In This Issue: Judgments; Legislation; and Publications & Reports. Excerpt from Publications & Reports: American Medical Association (AMA) - 12 March 2015 - New AMA, CDC Initiative Aims to 'Prevent...more

Insurance Review (Australia) - February 2015

In This Issue: - REGULATORY: - The Financial System Inquiry - Insurance Reform In The UK - CYBER: - Top Five Privacy And Cyber Predictions, Trends And Issues Impacting Insurers In 2015 And...more

Wiggin And Dana's Medical Malpractice Update

The Connecticut General Assembly is considering a bill that would toll the statute of limitations for a negligence action brought by a minor. Raised Bill No. 1028 would extend the statute of limitations for a minor until one...more

Concierge Practice Network Subject to Malpractice Liability

In Beber v. Metzger and MDVIP, along with other physician defendants, a Florida jury awarded $8.5 million in a malpractice claim, and found MDVIP, a national concierge physician network with over 800 physicians, partially...more

In New York, when is a Nursing Home or Hospital liable for the malpractice of a doctor who treats one of its patients? -- Mduba...

In New York, some courts have held that “the person who avails himself of hospital facilities has a right to expect satisfactory treatment from any personnel who are furnished by the hospital.” Mduba v. Benedictine Hospital...more

Alarm fatigue and medical malpractice

One of the most basic requirements for hospitals is to properly maintain monitoring systems that alert medical personnel of a patient event that requires their attention....more

Oncology Expert’s Opinion Based on Plaintiff’s Family History and Personal Experience Properly Admitted in Wrongful Death Action

In Uriell v. Regents of UC (Filed 1/29/2015, Published 2/20/2015, No. D064098) the California Court of Appeal, Fourth Appellate District, held the testimony of an Oncology expert testifying in a wrongful death action was...more

Health Alert (Australia) - February 23, 2015

In This Issue: Judgments; Legislation; and Reports. - Excerpt from Reports: Australia. Department of Health - Media releases - 18 February 2015 - Action on Hepatitis A - Assistant Minister for Health...more

New Jersey Appellate Division Holds that Affidavit of Merit Must be Issued by a Professional within the Same Profession as...

Hill International, Inc. v. Atlantic City Board of Education, 2014 N.J. Super. LEXIS 177 (App. Div. Dec. 30, 2014) - The Superior Court of New Jersey, Appellate Division held that, in order to support of claim of...more

Will an Illinois doctor tell you when they make a mistake?

A study found in the Journal of Patient Safety estimates that 400,000 people die each year in hospitals due to preventable medical mistakes....more

Is vaginal mesh safe to use?

Vaginal mesh is commonly used for the treatment of pelvic organ prolapse (POP), a condition where an organ drops from its normal place in the lower belly and pushes against the walls of the vagina. Another common use for the...more

Misdiagnosis happens annually to millions of Americans

When patients turn to medical professionals for answers to their medical problems, they often expect these highly trained individuals to use their experience and expertise to find the correct diagnosis....more

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