Medical Malpractice Archives

Inmates and the right to adequate medical care

Medical care is obviously a critical resource which all of us rely on throughout our lives, for ourselves and for our family members, so much so that basic medical care could arguably be considered a human right. In any case, basic medical care is at least a constitutional right guaranteed by the Eighth Amendment. This right is applicable whether or not the medical care is provided directly by employees of the government or by medical staff contracting with the government.

Determining best way to respond to medical negligence not always easy

In our previous post, we continued our discussion on the University of Michigan Health System's approach to patient safety and handling of medical error. As we noted last time, this approach is characterized, among other things, by efforts to increase communication between physicians and patients when errors occur and by a commitment to resolving disputes out of court where possible.

What can medical malpractice plaintiffs learn from the Michigan Model? P.2

In our previous post, we began discussing the so-called Michigan Model, or the approach to patient safety and physician accountability that has been in place at the University of Michigan Health System since 2001. The Michigan Model has gained attention because of the improvements it has made in terms of reducing the medical malpractice claims, plaintiff payouts, malpractice costs, and resolution time.

What can medical malpractice plaintiffs learn from the Michigan Model?

Medical malpractice, as Michigan readers know, plays an important role in helping injured patients and the survivors of deceased patients recover damages from losses stemming from provider negligence. The ability to pursue litigation is something patients should have greater awareness of and appreciation for, since litigation offers the opportunity to hold a potentially dangerous physician accountable.

Court decision challenges long-established medical malpractice exemption

A recent ruling by a federal appeals court has put cruise lines on notice that they could be held fully responsible for medical malpractice if their medical staff fails to take proper care of their guests. Significantly, in coming to the decision, the appeals court reversed over 100 years of law which provided exemptions for cruise lines from being held accountable for medical malpractice committed by on-board healthcare providers.

Reduction in preventable errors tied to insurance trend

According to a recent report by the Department of Health and Human Services, there has been a decrease in preventable medical errors in recent years, to the tune of 17 percent. Because of this, the report noted, fewer patients have died and there has been savings in the cost of health care. This data concerns the period from 2010 to 2013.

Weighing your probable damages award against the costs of litigation

In our last couple posts, we’ve been speaking about the elements of medical malpractice claims, focusing particularly on the harm element, which can be said to tie together the other elements, at least in claims which have merit. The same could also, though, be said of damages, which are intimately connected to the harm element.

Looking at the harm element in medical malpractice cases

In our last post, we spoke briefly about the basic elements in a medical malpractice case. To briefly recap, these are: duty; breach; causation; and harm. Here, we’d like to talk briefly about the harm element, which kind of ties together the first three elements.  

What do I have to prove in a medical malpractice case?

Medical errors occur all the time, but those who are familiar with the area of medical malpractice know that it is only a fraction of medical errors which ultimately provide the basis for successful medical malpractice lawsuits. There are a variety of reasons for this, but one of the basic reasons is that not every case of medical error involves a fact pattern which is able to satisfy the basic elements of medical malpractice.

Work with an experienced attorney to ensure proper selection of expert witnesses

The principles of the practice of medicine and the standards of care that apply to health care professionals are not something those of us who work outside the profession are qualified to speak about in a court of law. Because the issues that come up in malpractice cases can involve very specific knowledge of the principles of medicine, expert witnesses are required to show which standards of care apply in cases of medical malpractice.

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