Category Archives: litigation

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

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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

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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

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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

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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

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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

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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

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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

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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

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What Is Discoverable from a Hospital’s Quality Assurance Process?

When medical malpractice allegedly occurs in a hospital setting, the plaintiff often seeks to discover information related to the hospital’s quality assurance process. While courts have been reluctant to shield incident reports from discovery (See the Medical Law Perspectives May … Continue reading

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