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April 2016 Archives

Rules of evidence and physician statements of fault

In our last post, we looked very briefly at a Michigan law which protects sympathetic physician communications from being used in court. Such statements are not necessarily critical for proving medical negligence, though, and the law does not protect physician admissions of fault or negligence from being used against them in medical malpractice litigation.

Physician admissions of guilt in medical malpractice litigation

Last time, we mentioned that Michigan is among a group of state that have passed measures to protect physicians from having their apologies used against them in medical malpractice litigation. In this post, we wanted to say a bit more about this law and how it can affect an injured patient’s ability to build a strong case for negligence.

Med mal litigation not automatic, but patients shouldn’t sell themselves short

A recent CNN article took a look at what is becoming an increasingly important issue in the medical profession—the power of physician apologies when mistakes have been made. It has been known for some time that adding a touch of transparency and sincerity can go a long way in managing medical malpractice litigation, and 36 states currently have laws promoting physician apologies.

Regulating the medical profession: malpractice litigation and physician discipline, P.2

In our previous post, we began looking at medical malpractice as one important form of regulation of the medical industry. Malpractice litigation provides regulation of the medical profession through—or with reference to—the court system, even when cases settle outside the adversarial process.

Regulating the medical profession: malpractice litigation and physician discipline, P.1

The medical profession is a highly regulated one, and for good reasons. Licensed physicians bear a major responsibility to their patients, and regulation and oversight helps ensure—or, at least, is supposed to—that the individuals in the profession are deemed to be generally competent and trustworthy.