Issue: November 2013
This Report is Over 50 Pages. See Below for Previews of the 16 Articles in the Report.
Need this Report? Click Here to Login or Buy.
Or, click any article title.

Already a subscriber? Log in and beginning reading.

Diagnosis and Treatment of Heart Attacks: Liability Issues

Introduction

Liability for Diagnosing or Treating Heart Attacks
Every year approximately 715,000 Americans have a heart attack. The rate of misdiagnosis of heart attacks has been shown to be high, with about 1 in 50 heart attack victims sent home from emergency rooms with a mistaken diagnosis.
 
It is not surprising that medical malpractice claims involving heart attack misdiagnosis are among the most common malpractice claims made. In addition to diagnostic errors, mistakes in the treatment of heart attacks also may give rise to medical malpractice or negligence claims. Healthcare providers and hospitals also may be subject to other types of liability related to the diagnosis or treatment of heart attacks.
 
Attorneys, physicians, hospitals, insurers, and others who may be affected should be aware of the types of lawsuits and other liability issues that may arise in connection with the diagnosis or treatment of a heart attack and how to handle this litigation.

The Perspectives: Improve Your Strategy

Attorneys:

What proof is needed to demonstrate malpractice or negligence in diagnosing or treating a heart attack? And, what is a potential strategy for the attorney to employ?

Physicians:

How can liability for medical malpractice be avoided for an injury related to diagnosing or treating a heart attack? And, what is a potential strategy for the physician to employ?

Insurers:

Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for the provider’s actions? And, what is a potential strategy for the insurer to employ?

Employers:

Can an employer be subject to liability for an employee’s heart attack? And, what is a potential strategy for the employer to use?


Practice the Technique: Checklists

Attorneys:

Check this list of facts and circumstances tending to show a health care provider’s liability for malpractice or negligence in diagnosing or treating a heart attack.

Physicians:

A physician should review the items on this list when defending against claims of malpractice or negligence involving the diagnosis or treatment of a heart attack.

Insurers:

The insurer should check these “red flags” and inconsistencies when investigating a claim of medical malpractice in diagnosing or treating a heart attack. 

Employers:

Use this checklist to determine if the employee’s heart attack is “work related” and occurred “in the course of the employment."

Expert Analysis

How Do Women's Heart Attack Symptoms and Risk Factors Differ From Men's?

David A. Meyerson, MD, JD

What Strategies Can Help Hospitals Reduce Avoidable Heart Attack Readmissions?

Barry D. Mangel, MD

How Can the Legal System Be Used To Improve the Treatment and Prevention of Heart Disease?

Jeffrey A. Herman, JD

What Role Can Public Policy on Medical Facilities Play in Reducing Heart Attack Fatalities?

Robert Steinbuch, JD

Litigation

Alternative Dispute Resolution

Arbitration or mediation may be required by contract or statute, mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution. 


Reasons to Reach Settlement

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.


Reasons to Go to Trial

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.


Jury Awards and Settlements

How much have juries awarded and what settlements have been reached recently in malpractice cases involving heart attack?



Medical Examples

Heart Attack and Other Cardiac Conditions

This section provides detailed medical information on the cardiovascular system, heart attacks and other cardiac diseases and disorders, symptoms of a heart attack, diagnosis and treatment including emergency and surgical treatment, and discusses the patient’s prognosis and ability to work.



Law and Medicine Resources

Law and Medicine Resources

Provided below is a listing of law and medical resources for further information on medical malpractice liability for heart attack.


Purchase This Report




Diagnosis and Treatment of Heart Attacks: Liability Issues

Table of Contents
Introduction

Expert Analysis
   David A. Meyerson, MD, JD
   Barry D. Mangel, MD
   Jeffrey A. Herman, JD
   Robert Steinbuch, JD

The Perspectives: Improve Your Strategy
   Attorneys
   Physicians and Health Providers
   Insurers
   Employers and Risk Managers

Practice the Technique: Checklists
   Attorney Checklist
   Physician Checklist
   Insurer Checklist
   Employer Checklist

Alternative Dispute Resolution

Reasons to Reach Settlement

Reasons to Go to Trial

Jury Awards and Settlements

Heart Attack and Other Cardiac Conditions

Law and Medicine Resources