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Medical Malpractice Archives

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.

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.

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