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.
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.
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.
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.
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.
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.
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.
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
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.
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.