Medical Malpractice Archives

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 care.

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 cancer.

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 necessary.

Did your physician fail to recommend cancer screening?

Last time, we looked briefly at new lung cancer screening technology and noted that physicians have the duty to take appropriate action with regard to cancer screening, whether this means referring a patient to a specialist or ordering appropriate tests for the patient.

Lung cancer breath test could be effective screening tool

When it comes to treating cancer, early detection and treatment are critical to success. Screening guidelines exist for a wide variety of cancers, with breast, colon, and skin cancer being among the more well known and performed screenings. Some forms of cancer are harder to diagnose than others.

Federal program shares similarities with Michigan Model on med mal dispute resolution, P.2

In our last post, we looked briefly at a federal program known as CANDOR which aims to help federally funded hospitals adopt dispute resolution programs which increase hospital and provider transparency in dealing with patients. The program is being promoted

Federal program shares similarities with Michigan Model on med mal dispute resolution

A federal program being promoted by the federal Agency for Healthcare Research and Quality is now seeking to implement in federally funded hospitals some of the same principles that have made the dispute resolution model used at the University of Michigan Health System so successful.

Settling a medical malpractice case: work with experienced counsel to protect yourself

Readers may remember that not long after the death of comedian Joan Rivers, stories started popping up in the headlines that her family was accusing a New York clinic where she received treatment of negligence in caring for her. Rivers died about a week after an appointment at Yorkville Endoscopy in Manhattan.

Rules of evidence and physician statements of fault, P.2

In our last post, we began speaking a bit about the rules of evidence in medical malpractice cases. Our discussion is specifically about physician admissions of fault and their place in medical malpractice cases. As we’ve noted, Michigan law prevents medical malpractice plaintiffs from using a physician’s sympathetic communications against him or her in court.

Rules of evidence and physician statements of fault

In our last post, we looked very briefly at a Michigan law which protects sympathetic physician communications from being used in court. Such statements are not necessarily critical for proving medical negligence, though, and the law does not protect physician admissions of fault or negligence from being used against them in medical malpractice litigation.

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