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- Independent Duties Hospitals Owe Patients: Direct Liability for Medical Malpractice
- Skin Antiseptic Chlorhexidine: Defense against Infection Comes with Risk
- Is Stillbirth Medical Malpractice Success Directly Proportional to Weeks of Pregnancy?
- Are Medical Lien Prices Evidence of Reasonable Value of Medical Services?
- Laparoscopic Gallbladder Removal: Minimally Invasive Procedure with Significant Risks
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Category Archives: law practice
Independent Duties Hospitals Owe Patients: Direct Liability for Medical Malpractice
Generally, depending on the jurisdiction, hospitals have a number of independent duties to patients. For example, according to Am. Jur. 2d Hospitals and Asylums § 26 Standard of care; corporate negligence doctrine, in some jurisdictions hospitals owe a duty to … Continue reading
Skin Antiseptic Chlorhexidine: Defense against Infection Comes with Risk
Chlorhexidine is a disinfectant and topical anti-infective agent with a novel mechanism of action that makes it highly unlikely that microbes will develop resistance to it. Its unique antimicrobial capabilities make chlorhexidine an important line of defense against nosocomial infections. … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged allergic reaction, antifungal, chlorhexidine, FDA, infection
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Is Stillbirth Medical Malpractice Success Directly Proportional to Weeks of Pregnancy?
According to the CDC in its “Facts about Stillbirth,” stillbirth, the fetal loss 20 or more weeks after a woman becomes pregnant, effects about 1% of all pregnancies. About 24,000 stillbirths occur in the U.S. annually. Stillbirth is classified as either … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged Fast v. Kennewick, medical malpractice, pregnancy, stillbirth
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Are Medical Lien Prices Evidence of Reasonable Value of Medical Services?
California’s Second and Third District Courts of Appeal are diametrically opposed regarding the role of medical lien purchases in determining the reasonable value of medical services where the an uninsured plaintiff has not paid for medical services. The California Supreme … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged Howell, medical liens, Moore v. Mercer, OSHPD, uninsured
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Laparoscopic Gallbladder Removal: Minimally Invasive Procedure with Significant Risks
A laparoscopic cholecystectomy is a minimally invasive surgical procedure in which the gallbladder is removed with the assistance of a video camera and several thin instruments. Although “minimally invasive” sounds good, the downside is the reduced ability of surgeons to … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged gallbladder, laparoscopy, medical malpractice, minimally invasive, Roux-en-Y
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Medical Device Cybersecurity: From Esoterica to Headlines
Some weeks, the FDA does not publish much new information. June 2013 was a week like that. It seemed like I was scraping the bottom of the barrel when I came across an FDA Safety Communication on cybersecurity for medical … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged CERT, cybersecurity, FDA, hackers, Hospira, scalpel weekly news, St. Jude
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LASIK: Evaluate Pre-Op Patients Thoroughly with an Eye towards Potential Litigation
While working on the Medical Law Perspectives, January 2017 Report: Under Pressure: Liability Risks in Diagnosing and Treating Glaucoma, I noticed a trend among the medical malpractice cases related to glaucoma: the failure to diagnose glaucoma prior to performing LASIK … Continue reading
Posted in courts, law and medicine, law practice, Uncategorized
Tagged glaucoma, LASIK, medical malpractice, ophthalmologist, retinitis pigmentosa
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FDA’s Database Makes Proving Causation in Foodborne Illness Cases Much Easier
The FDA promotes its Genome Trakr database as a food safety compliance tool. The Genome Trakr network, established by the FDA in late 2012, is comprised of FDA, state, federal and international food safety laboratories sharing whole genome sequencing (WGS) … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged bacteria, children, e. coli, FDA, foodborne illness, genetic, genome, Genome Trackr, health, salmonella
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Vaccination Decisions Have Legal Repercussions, Not Just Medical Ones
New Year’s Day 2016 was more than a day to make resolutions. In California, Senate Bill 277 took effect, under which only medical exemptions to required immunization will be allowed for students entering school after January 1, 2016. California no … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged blog, blogging, CDC, children, Community Immunity, Herd Immunity, immune system, Kagen v. Kagen, law and medicine blog, law and medicine resources, liability, Medical Law blog, medical law perspectives, medical malpractice, Pediatrician, physician, Sarah Kelman, SB 277, scalpel news, scalpel weekly news, seizures, Senate Bill 277, symptoms, treatment, vaccination, vaccine, Wordsworth, Wordsworth Law Publications
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Pneumonia in the News, in the Law, But Hopefully Not in Your Lungs
Whether your travels have taken you to the Research Triangle of North Carolina or Round Rock, Texas, or you stayed at home reading the business news or listening to the county music station you have probably heard a lot about pneumonia … Continue reading
Posted in courts, law and medicine, law practice, litigation
Tagged blog, blogging, CDC, children, infectious disease, law and medicine blog, law and medicine resources, Medical Law blog, medical law perspectives, medical malpractice, physician, pneumonia, pneumonia prevention, Sarah Kelman, scalpel news, scalpel weekly news, symptoms, treatment, van ness v. ETMC, Van Ness v. ETMC First Physicians, Wordsworth Law Publications
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