Tag Archives: DOJ

Discovery Rule – Foreign Objects, Failures to Diagnose, and Reasonable Diligence

The textbook example of the discovery rule in action is a foreign object unintentionally left inside a patient during surgery. For example, in Ambers-Phillips v. SSM DePaul Health Center, 459 S.W.3d 901 (Mo., April 28, 2015) during a second surgery … Continue reading

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Alzheimer’s Disease Presents an Array of Legal Issues

Few medical conditions raise as wide a variety of legal issues as Alzheimer’s disease, an irreversible, progressive brain disorder that slowly destroys memory and thinking skills and, eventually, the ability to carry out the simplest tasks and respond to the … Continue reading

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Hospital’s Policies, Procedures Not Discoverable in Vicarious Liability Suit

In most medical malpractice cases related to treatment in a hospital setting, a fairly standard interrogatory posed by plaintiffs to hospitals is a request for the production of any internal policies and procedures in effect at the time of the … Continue reading

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Hospital Can Be Liable for Employee Following Instructions from Non-Employee, Private Attending Physician

In New York, there are two situations where a hospital may be held liable for the acts of a hospital employee who was following instructions given by a private attending physician who is not a hospital employee: (1) the hospital … Continue reading

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Failure to Diagnose Cancer Claims Face Hurdles, Especially in New York

People who are diagnosed with cancer bring lawsuits for medical malpractice and negligence just as patients with other types of medical injury do. Failure to diagnose claims are brought by people who eventually are diagnosed with a disease, including cancer. … Continue reading

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