Tag Archives: medical malpractice

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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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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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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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

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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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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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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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