Medical Malpractice and Legal Issues Perspective

 
 
  • When Missing a 'Zebra' Can Land You in Court Physicians are generally unlikely to face a malpractice suit for misdiagnosing a rare disease, which affects about 1 in 10 people. But the results of a delayed or wrong diagnosis can be devastating or lethal.
  • Amputee From Flesh-Eating Bacteria Can't Receive Cash Award Woman with limbs amputated needs special legislation to collect her award; patients have longer to submit a malpractice claim; one state throws out med-mal caps.
  • Your Legal Risks When Patients Don't Speak English Well When patients don't speak English well -- or at all -- the physician should get a translator, or incur clinical and legal risks. Here's how to comply most efficiently.
  • Are You Scared to Show Warmth to a Patient?   In light of the #MeToo movement, physicians may be wondering whether it is ever acceptable to hug a patient.
  • To Err Is Homicide in Britain: The Case of Dr Bawa-Garba Saurabh Jha, a US-based, British-trained medic who worked in the NHS for 4 years, discusses the case of a UK trainee pediatrician convicted of homicide for the death of a child from sepsis.
  • Did Agency Knowingly Hire Dangerous Doctors?; More Agency ignored red flags in hiring physician; state bill reignites cameras-in-the-OR debate; do attorneys make better claims adjusters?
  • Can RNs Bolus Propofol? Nurses often titrate deep sedation, but can they push these drugs if ordered to do so?
  • Was Matt Lauer Too Naive About Patient-Doctor Confidentiality?   When someone discusses sensitive matters, such as sex, with a physician or therapist outside of the office and asks for privacy, does patient confidentiality apply?
  • Should I Interact With Patients on Social Media? There are varying standards for patients and clinicians on social media. Our legal expert, Carolyn Buppert, helps to clarify the distinctions.
  • Do Plaintiffs Have a Right to Get Adverse-Incident Reports? Do plaintiffs have a right to adverse-incident reports, or would that enable litigants to access information that was not intended for them? A doctor who is a serial complainant strikes again.
  • Should You Tell Elderly Patients to Stop Driving?   Should physicians be responsible for telling elderly drivers that they should no longer be driving? What alternatives are there for patients who still want to remain mobile?
  • How Should 'Scribes' Be Used? A nurse practitioner who has been offered a 'scribe' asks about the legal ramifications of this assistance. The rules for the use of scribes by any licensed provider are found here.
  • Legal Risks of Delegating Informed Consent to an NP or PA Some physicians delegate all or part of the informed consent process to their nurse practitioner or physician assistant. But this could create problems for the physician.
  • Should I Agree to Precept Nurse Practitioner Students? An NP gets lots of requests to be a preceptor. What does this entail, and is liability involved?
  • Malpractice Fears Continue to Motivate Physicians Malpractice fears continue to motivate physicians; the Supreme Court declines to review a records dispute; apologies expressing fault are shielded; record settlement for injured boxer and family.
  • Now It's Easier for Patients in Two States to Sue Efforts to block frivolous or nonmeritorious suits fall flat; apology laws don't increase liability risk; more.
  • A Vest That Allows the Deaf to 'Hear' Neuroscientist David Eagleman talks about time perception, synesthesia, and the vastness of human creativity.
  • Lawsuits: Most Doctors Say There Was No Trigger Event Some say that if physicians made fewer errors, there wouldn't be malpractice suits. Others say that lawsuits are about money, not errors. Will patient rapport help avert a lawsuit?
  • Gun Sense or Non-sense?   These days, the only limiting parameter to gun ownership seems to be how many people you wish to kill in a brief time, says Dr Lundberg.
  • Nursing Home Residents: No Right to Sue for Unsafe Care Should patients and their families sign away their right to sue upon admission to a nursing home? The current administration thinks so.