Medical Malpractice Archives

Report shows lower quality of care at hospitals in low-income neighborhoods

According to a recent report published by the Economic Alliance for Michigan, hospitals situated in neighborhoods with predominantly lower income residents tend to score lower in quality and patient safety assessments when compared to hospitals in higher-income neighborhoods.

More doctors, medical facilities learning value of sincere apology, P.2

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 occur.

More doctors, medical facilities learning value of sincere apology, P.1

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 helping us to assess the effectiveness of treatments, surgeries, protocols and procedures to which we may be submitting.

Medical device alarms: new algorithm helps sort out issue of auditory masking, P.2

In our previous post, we began looking at the issue of auditory masking in the context of medical device alarms. As we noted, auditory masking can make it difficult, if not impossible, for health care providers in emergency room and surgical settings to do their job and to appropriately respond to critical situations that arise in the provision of care.

Medical device alarms: new algorithm helps sort out issue of auditory masking

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 to improper use of electronic records and other technology used in health care.

Careful expert witness selection, preparation key to successful medical malpractice case, P.2

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 lacks credibility could potentially be barred from participation in the case, but also because a witness who lacks credibility will not be a valuable asset before a jury.

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 time.

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 end, an affidavit provides the basic allegations establishing the elements of the medical malpractice case. Getting the affidavit right is one of the first steps to proceeding with a successful medical malpractice case. The aim is to assure the court that the claim is not frivolous.

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 violated based on the claims made in the complaint.

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.

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