Medical Malpractice

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...

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...

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...

Medical professionals use a wide variety of tests to screen and diagnose cancer, and make use of a variety of clinical guidelines to determine when diagnostic testing is appropriate and when it is unnecessary. These guidelines vary depending not only on the research...

For counseling professionals, particularly those who prescribe medications and/or monitor their use by patients, the ability to manage medication-related risks is critical to ensuring the safety of patients and avoiding liability. This is important not only for...

Errors in health care can involve a wide variety of circumstances. Whether a patient is in a medical or surgical setting, a mental health setting, or some other area of health care, there is always a risk that something can go wrong. When a patient is harmed in the...

In our last post, we began looking at the unfortunate lack of transparency in medical care, and the effort in some quarters of the profession to improve the situation by adopting policies requiring physicians to more readily empathize with patients when errors do...

Mistakes occur all the time in medical care. Some of them are serious while others are relatively minor, having little or no long-term effect. As patients, we expect that our physicians will help guide us through the medical decision-making process, and this includes...

In health care, there are a variety of things that can go wrong, both when health care providers act negligently and even when they are doing their job according to accepted standards and procedures. Some of the mistakes made by health care providers can be attributed...

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...