Those of our readers who work in health care, or have family members who do, know that understaffing can be a serious issue. This is particularly true in the nursing profession, where nurses are often asked to pick up extra shifts and work overtime to cover staffing...
Medical Malpractice
What is the difference between evidence-based standards and the legal standard of care?
In our previous post, we looked briefly at a policy statement recently published by the American Academy of Pediatrics which calls for non-medical home facilities offering pediatric care to be held to the same standard of care as medical home facilities. In...
What duty does a doctor have to a patient?
Seeking medical care for a condition shouldn't be a gamble with your life. You count on the doctors who care for you to do the job they are supposed to do. The last thing that you expect is to suffer harm because of something a doctor's negligence. A doctor who is...
Federal authorities go after MI physician in first prosecution of female genital mutilation
Physicians are bound by a wide variety of rules which are legal, ethical, and professional in nature. The legal duties to which physicians are bound come from various sources, including statutes, case law, and the medical community itself. When a physician exercises...
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...
Why do doctors refuse to admit or apologize for mistakes?
According to research conducted by John Hopkins University, medical errors kill approximately 251,000 patients each year across America. Countless other patients are injured by medical malpractice.While these numbers are staggering, the number of families that receive...
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...
House lawmakers contemplate federal med mal damages cap
As we mentioned in our last post, law makers in the House of Representatives are reportedly considering a measure that would establish a federal cap on non-economic damages in medical malpractice cases.The legislation, which has been approved by the House Judiciary...
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...
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...