- 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: Wordsworth Law Publications
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
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
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
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
Lyme disease is the most commonly reported vector-borne illness in the United States. A new CDC report found that the number of counties in the northeastern states identified as having a high incidence of Lyme disease increased by over 320% … 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.