Medical Malpractice Archives

Screening for cervical cancer: guidelines are only guidelines, P.2

In our last post, we spoke briefly about new guidelines released by the American College of Physicians that govern when health care providers should order screening for cervical cancer. The guidelines are an attempt to balance the risks associated with cancer screening with the obvious benefits of detecting cancer early on.

Screening for cervical cancer: guidelines are only guidelines, P.1

Cervical cancer, like other forms of cancer, is best treated when physicians are able to identify it early on and begin appropriate treatment as soon as possible. The presence of cervical cancer, according to the American Cancer Society, is typically first determined by a test called a colposcopy.

Electronic records no guarantee against error

More and more businesses and industries, in an effort to cut costs and streamline operations have been turning to electronic record-keeping in recent years. In the field of health care, the use of electronic health records is becoming a widespread trend, with many in the health care industry expecting that an electronic record system could help cut down on errors and the patient harm—and provider liability—that stems from these errors.

Off-label drug prescriptions and medical malpractice liability

We began speaking in our last post about litigation that has been initiated against GlaxoSmithKline in connection with Zofran. As we noted, the lawsuits accuse the manufacturer of failing to warn patients about the risks the drug presents for pregnant women, which include the possibility of birth defects. The issue we raised last time was what liability may attach to doctors who choose to prescribe medications for an off-label use, as is the case with Zofran as used by pregnant women.

Zofran litigation raises issue of physician liability for off-label prescriptions

Readers may have heard of the medication Zofran and the current litigation going on with respect to its safety for use by pregnant women. GlaxcoSmithKline, the manufacturer of the drug, is reportedly being accused of failing to warn patients about the potentially dangerous effects of the drug during the first three months of pregnancy.

Study shows patients feel better after reviewing medical records

Isn’t it funny how scientific research often confirms what most of us already suspected or knew to be true? Well, another study like this recently came out. According to recent research conducted at the University of Colorado Anschutz Medical Campus, patients who are allowed to see their medical records during their stay in a hospital have less anxiety about their treatment or procedure. We know…not that surprising.

What are the qualification requirements for expert witnesses? P.2

In our last post, we began looking at what Michigan law has to say about the qualifications for expert witnesses in medical malpractice litigation. As we noted, one of the main requirements is that the physician has knowledge and experience practicing in the same field and specialty as the defendant physician.

What are the qualification requirements for expert witnesses?

In our last post, we spoke a bit about the role of judges in determining the qualifications of expert witnesses and the reliability of their testimony. In this post, we wanted to take a brief look at what state law has to say about these qualifications.

The role of the judge in expert witness testimony

In our last couple posts, we explored the issue of cerebral palsy and the question of causation. As we noted, causation is an important issue in medical malpractice litigation, and one which is often disputed. Because of the importance of determining the cause of medical injuries in medical malpractice litigation, expert testimony plays a critical role.

What legal remedies are available for medical neglect in prison?

In our last post, we began speaking about the issue of medical care in prison and fact that prisoners do have the right to adequate medical care. Here, we want to take a brief look at the legal remedies that are available to prisoners who have been denied such care.

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