- 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
Tag Archives: medical malpractice blog
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
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
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
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
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
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.
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
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.