In our previous post, we pointed out that, in addition to the statutory requirements that must be met by expert witnesses, there is also the issue of the credibility of the witness that must be carefully considered. This is important not only because a witness who...
Year: 2016
Careful expert witness selection, preparation key to successful medical malpractice case, P.1
In recent posts, we looked briefly at what exactly an affidavit of merit is and the requirement a physician must meet in order to sign off on an affidavit. As we noted, physicians must meet the same requirements as an expert witness, which we briefly summarized last...
What is an affidavit of merit and why does it matter in med mal litigation? P.2
In our last post, we began looking at what exactly an affidavit of merit is in the context of medical malpractice litigation. As we pointed out last time, an affidavit of merit is a document to be filed with the court which establishes the merits of the case. To that...
What is an affidavit of merit and why does it matter in med mal litigation?
The concept of merit is an important one when pursuing medical malpractice litigation. Merit refers to the plaintiff's basis for pursuing the claim. A case which has merit has a valid basis such that a court could find that the plaintiff's legal rights have been...
Gaining access to medical records: a common challenge in medical malpractice litigation
Surgical procedures involve various risks. As we’ve pointed out in recent posts, surgeons can and do sometimes make mistakes. Sometimes these errors are serious and leave the patient with permanent health problems.A recent example of this is the case of an Oak...
Wrong-site, wrong-procedure, wrong-patient: welcome to the world of surgical errors, P.2
In our last post, we began speaking about the persistence of surgical errors despite efforts to prevent them. Wrong-site, wrong-procedure and wrong-patient errors are particularly concerning because of the serious impact they can have on the patients...
Wrong-site, wrong-procedure, wrong-patient: welcome to the world of surgical errors, P.1
Getting a surgical procedure can be a nerve-racking experience for many people, not only because surgery has its own inherent risks, but also because most the public is aware of the fact that surgeons and other health care providers are not perfect and do occasionally...
What is the relationship between clinical practice guidelines and standard of care?
In recent posts, we’ve been discussing cancer screening guidelines in the context of medical malpractice litigation. One important point to highlight in this discussion is that cancer screening guidelines do not, in and of themselves, constitute a standard of...
Study highlights family physicians’ knowledge gap regarding lung cancer screening, P.2
In our last post, we looked briefly at a recent study which highlighted, at least to a small extent, the concern that family physicians may not have adequate knowledge of cancer screening guidelines, at least in the context of recommending effective screening for lung...
Study highlights family physicians’ knowledge gap regarding lung cancer screening
We have previously written on this blog about failure to properly diagnose cancer, and the duty of physicians recommend appropriate screening tests and track a patient's conditions, noticing potential warning signs of cancer and referring to specialists when...