MEDICAL MALPRACTICE ARTICLES MAIN PAGE

1/27/2023· Medical Malpractice

Defense Support - Paralysis Following An Epidural Injection

By: Joel L. Kent, MD

In this case I was asked to assist in the defense of a physician who had performed a T5/6 epidural on a patient who subsequently developed an epidural hematoma and resultant spinal cord injury with paralysis. The suit contended that the injuries sustained by the patient were the result of negligent..

7/20/2022· Medical Malpractice

Hernia Mesh Complications Expert Witness: Challenges And Potential Issues In Hernia Mesh Litigation

By: Dr. Kent Sasse

Mesh is used to support the tissues in most hernia repairs in the U.S. This practice stems from research showing that without reinforcement material, hernias tend to recur frequently over the long term when the repairs are performed using suture repairs alone. Surgical mesh, made from polypropylene

4/26/2022· Medical Malpractice

Bariatric Surgery And Endoscopy Expert Witness: Providing A Valuable Service An Medical Malpractice Litigation

By: Dr. Kent Sasse

Metabolic and Bariatric surgery and endoscopy play increasingly important roles in the treatment of type two diabetes and obesity. American Diabetes Association and other societal guidelines now incorporate sleeve gastrectomy and gastric bypass into their recommended treatment protocols.

11/5/2016· Medical Malpractice

Physician Assistant and Nurse Practitioner Malpractice Trends

By: Dr. Jeffrey Nicholson

Trends in malpractice awards and adverse actions (e.g., revocation of provider license) following an act or omission constituting medical error or negligence were examined. The National Practitioner Data Bank was used to compare rates of malpractice reports and adverse actions for physicians, physician assistants (PAs), and nurse practitioners (NPs). During 2005 through 2014, there ranged from 11.2 to 19.0 malpractice payment reports per 1,000 physicians, 1.4 to 2.4 per 1,000 PAs, and 1.1 to 1.4 per 1,000 NPs. Physician median payments ranged from 1.3 to 2.3 times higher than PAs or NPs. Diagnosis-related malpractice allegations varied by provider type, with physicians having significantly fewer reports (31.9%) than PAs (52.8%) or NPs (40.6%) over the observation period. Trends in malpractice payment reports may reflect policy enactments to decrease liability.

3/25/2015· Medical Malpractice

How Can Causation Be Established in a Labor and Delivery Malpractice Action?

By: Dr. James Wheeler

A malpractice action requires the plaintiff to prove: (1) the defendant caregiver owed a duty of care to the plaintiff-patient, (2) the caregiver departed from that standard of care, and (3) that departure from the standard of care actually caused the injury claimed by the plaintiff. "Causation" 11; often the critical component in a malpractice action because the presence of a duty is often obvious, except perhaps in "Good Samaritan" cases, but the statutorily-required expert witnesses will argue about whether the caregiver departed from some standard of care. Because defining "causation" is difficult, there are interesting distinctions in legal versus medical, sociological, or philosophical concepts of cause-and-effect. Applying this difficult concept of "causation" to the very complex world of labor and delivery (L&D) does indeed beg the question, just how can causation be established?

1/28/2011· Medical Malpractice

Your Med-Mal Expert – An Advocate for the Truth

By: Thomas J. Berger, MD

In 1998, problems with my vision forced me to retire from the active practice of cardiac surgery.

1/26/2011· Physician Assistants

Does The Employment Of Physician Assistants And Nurse Practitioners Increase Liability?

By: Jeffrey G. Nicholson

We assessed whether physician assistant (PA) and nurse practitioner (NP) utilization increases liability.

12/21/2010· Medical Malpractice

The Executive's Role In Malpractice Cases: Ethical As Well As Financial And Legal Factors Should Be Considered

By: Paul B. Hofmann, DrPH, FACHE

Progress has been made on improving patient safety and reducing clinical mistakes, but errors happen and, in spite of everything, patients are still harmed.

8/6/2010· Medical Malpractice

Overview: The Process Of A Medical Malpractice Lawsuit

By: Devesh Tiwary, MD, JD, FACS

Each lawsuit is different, and each state has different laws. In general, this is the process in Florida. Your case may proceed differently. We can break it down into 4 stages: investigation, pre-suit, suit, and post-verdict. The process takes months to years. Mediation (meeting with the other side to try to settle) can occur during any of the 3 later stages. It is very important, so we will discuss it here too.