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Featured Medical Malpractice articles by expert witnesses and consultants. Contact Us if you are interested in having your work published on our website and linked to your Profile(s).

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7/24/2020· Medical Malpractice

Affidavit Of Merit In Medical Malpractice Cases

By: Raymond P. Mooney, PA-C, DFAAPA

An affidavit in legal terms is a sworn statement that assures the merit of your claim. In a medical malpractice case it is produced, at the request of the attorney, after the expert provider (physician, physician assistant/nurse practitioner) has reviewed the medical records and believes that the standard of care was breached and it was a cause that contributed to the patients injuries

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5/2/2017· Healthcare Facilities - Hospitals

Defending Hospitals Against Medical Legal Liability Using Big Data

By: William C. Mohlenbrock, MD, FACS

The legal strategies for defending hospitals against medical legal liabilities are certainly many and varied. An additional consideration to augment every defense strategy might be contained in each hospital’s own store of big data. Heretofore these data have been underutilized for medical legal purposes...

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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.

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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.

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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.

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