Tag Archives: medical malpractice blog

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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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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Blaming the Victim: Challenges of COPD Treatment and Subsequent Lawsuits

Chronic obstructive pulmonary disease (COPD) is a group of progressive respiratory conditions, including emphysema and chronic bronchitis, characterized by airflow obstruction and symptoms such as shortness of breath, chronic cough, and sputum production. A recent Centers for Disease Control and … 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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Jury Instruction in Product Liability Case That Violation of the FDCA is Negligence Per Se; Preemption Considerations

Diverging from other courts’ decisions in 2014, the Ninth Circuit in 2015 held that a state law failure to warn claim was not preempted by the Medical Device Amendments of 1976 (MDA) to the Food, Drug & Cosmetics Act (FDCA) … Continue reading

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Hospital Incident Reports Under Scrutiny Again; In Camera Review Found Necessary To Determine Discoverability

Courts have been reluctant to shield incident reports from discovery. In Hammond v. Saini, 766 S.E.2d 590 (N.C., Dec 19, 2014), the North Carolina Supreme Court held that documents created by the county health authority after a surgical fire at … Continue reading

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Low Testosterone Therapy is the New Hormone Replacement Therapy

Following the evolution of the FDA’s thinking on low testosterone therapy reminds me of the rise and fall of hormone replacement therapy for menopause.

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Contact Lens Not Subject to Recall But Manufactured in the Same Facility, and Having Same Material Defect, Could Not Be Basis for Manufacturer’s Liability

According to the Centers for Disease Control and Prevention (CDC), more than 30 million people in the U.S. wear contact lenses. Contact lenses are classified as medical devices that are regulated by the FDA. Serious eye infections from contact lens use … Continue reading

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Use of Jury Instruction on Foreseeability in Medical Negligence Case

The Supreme Court of Ohio recently discussed foreseeability in the context of medical negligence. The court held that foreseeability of the risk of harm may be considered when determining a medical professional’s duties, but it need not always be considered.

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