Medical Malpractice Healthcare

News & Analysis as of

Health Alert (Australia) - May 11, 2015

In This Issue: Judgments, Legislation; and Reports and Publications. Excerpt from Legislation: Commonwealth - 5 May 2015 - Australia New Zealand Food Standards Code — Standard 1.4.2 — Maximum Residue...more

Hospital Says Injury Was Malpractice, Plaintiff Insists It Wasn’t

Here’s an interesting riddle. When a plaintiff sues a hospital for an injury, why would the hospital insist the injury was caused by malpractice? Even more puzzlingly, why would the plaintiff insist she was not the victim...more

New state law allows access to investigational drugs

In line with a nationwide movement, on April 21, 2015, Governor Fallin signed into law House Bill 1074, the Oklahoma Right to Try Act. The Act allows physicians to prescribe to terminally ill patients investigational drugs,...more

Health Alert (Australia) - May 4, 2015

In This Issue: Judgments; Legislation; and Reports & Publications. Excerpt from Reports & Publications: Queensland. Office of the Health Ombudsman 24 April 2015 - Health Ombudsman releases third...more

Study: breast cancer often misdiagnosed in early stages

Misdiagnosis is a problem that continually plagues the U.S. healthcare system. A medical malpractice lawyer in Illinois often sees patients who are told that they don’t have a disease only to learn later that they have...more

When plastic surgery goes wrong?

In 2012, over 14.6 million plastic surgery procedures were performed in the U.S., according to the American Society of Plastic Surgeons. Many people here in Illinois undergo these procedures to improve their appearance or...more

Health Alert (Australia) - April 28, 2015

In This Issue: Judgments; Reports; and Legislation. Excerpt from Judgments: Australia. Federal Court - 15 April 2015 - Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in...more

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

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

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

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

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

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

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

What are the statute of limitations for medical malpractice in Illinois?

In Chicago and around the world, doctors and other healthcare professionals have made it their lives’ work to help and heal their patients. However, sometimes they make mistakes and individuals are left with devastating...more

3rd largest cause of death is medical errors, study says

Most patients enter Illinois hospitals with the expectation that they will receive high quality treatment from skilled, competent health care professionals. Unfortunately, recent research by a patient advocacy group indicates...more

Florida High Court Clarifies Harmless Error Standard in Civil Appeals

On November 13, 2014, the Florida Supreme Court answered the following certified question of great public importance in the negative: “In a civil appeal, shall error be held harmless where it is more likely than not that the...more

Retained Surgical Sponges: A serious medical error

Occasionally, doctors make mistakes while treating their patients. Some of the errors that occur are so egregious that the medical profession has come to know them as “never events” because they should never, under any...more

Impact of Health Care Reform on Provider Liability

In this presentation: - The Changing Healthcare Landscape - Key Features of an ACO/CIN - ACO Standards and Quality Metrics - Examples of Quality Standards - Impact on Board and Corporate...more

Fewer Medical Malpractice Lawsuits Means Victims Go Uncompensated

Notable Declines in Medical Negligence Litigation - Medical malpractice laws exist so that victims of negligence can seek financial compensation for their injuries. When a healthcare professional behaves negligently,...more

Recent Nevada Opinion: Retroactivity Rules and Ex-Parte Communication With Treating Physicians Prohibited

On July 10, 2014, the Supreme Court of Nevada published Leavitt v. Siems, 130 Nev. Adv. Op. 54 (2014), which addressed issues related to expert testimony. This case provides two important takeaways: (1) the basic legal...more

Blurring the Lines between False Claims Act Litigation and Putative Federal Malpractice Law: The DOJ Quietly Invokes “Worthless...

On October 10, 2014, the United States Department of Justice (“DOJ”) announced a civil settlement agreement (the “Settlement”) with Extendicare Heath Services, Inc. and its subsidiary Progress Step Corporation (collectively,...more

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