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Medical Malpractice Archives

A bit about medical malpractice claims based on failure to obtain informed consent

In our last post, we noted both the importance of informed consent in health care, as well as the fact that informed consent is not necessarily always sufficient. Under Michigan law, negligence can occur with informed consent when a physician fails to reasonably inform a patient of the risks of a treatment.

MSU faces potential liability for failures related to physician sexual assault allegations, P.2

Last time, we began looking at a lawsuit filed against Michigan State University for its alleged failure to supervise a physician accused of sexually assault female patients during medical examinations and procedures. As we noted last time, one of the areas of focus in the litigation is the university’s new informed consent policy.

MSU faces potential liability for failures related to physician sexual assault allegations

When we talk about medical malpractice on this blog, we are usually speaking specifically about the liability a doctor faces for acting negligently with respect to his or her professional duties. Medical malpractice, in this sense, is only one part of the total picture of liability for harm to a patient, though. In many cases, it is not only the physician that can face liability for patient harm, but also the hospital staff that assisted in the medical care or treatment and the hospital which employed the physician.

Noneconomic damages cap is one among several federal tort reform proposals

Last time, we looked briefly at a federal measure being proposed by Republicans in the House of Representatives which would put a cap of $250,000 on noneconomic damages in medical malpractice cases. That measure, as some readers may know, is one of a number of Republican proposals aimed at reforming the civil justice system on a broader basis at the federal level.

Med Mal damages caps highlight importance of building strong damages case

Michigan readers may know that there is a cap in Michigan on noneconomic damages in medical malpractice cases. Non-economic damages refer to damages which are not readily measurable in monetary terms, and include things like pain and suffering, loss of consortium and loss of enjoyment of life.

Study suggests inverse relationship between pro-plaintiff med mal laws, quality of care

A recent study from Northwestern University’s Feinberg School of Medicine in Chicago confirmed what has come to be increasingly obvious to many in the medical field: the threat of litigation doesn’t necessarily motivate physicians to do better work. The lead author of the study says, rather, that it is more likely to lead to the practice of defensive medicine.

When routine medical, surgical procedures result in serious harm to patients, P.2

Previously, we began looking at the issue of medical mishaps which occur in the context of routine medical procedures. As we noted, routine medical procedures, such as tonsillectomies, are by and large successful and occur without serious incident. In some cases, though, something unexpected occurs and the outcome is not a good one.

When routine medical, surgical procedures result in serious harm to patients, P.1

One important point that every patient needs to be aware of is that every medical and surgical procedure presents risks to the patient. The nature and seriousness of the risks depends, of course, on various factors, including the patient’s condition, the proposed treatment, the overall health condition of the patient, the resources of the medical facility where treatment is being offered, the skill of the doctor and other staff, and so on.