Medical Malpractice Archives

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.

Study highlights potential risks of mammograms in early screening, P.2

In our last post, we commented briefly on the variation between clinical guidelines for breast cancer screening and the importance of physicians using discretion in applying these guidelines. We also noted that the application of screening guidelines should take into account research, and can even change on account of research.

Study highlights potential risks of mammograms in early screening, P.1

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 that is taken into consideration, but also on the organization.

Pediatric physicians increasingly taking on risk of treating mental health conditions

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 professionals in the field of mental health, but increasingly also for pediatric physicians.

Michigan couple sues therapist over daughter’s antidepressant overdose

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 course of health care it is important the patient, or his or her surviving family, seek help in pursuing just compensation for their damages.

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