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Medical Malpractice

Pre-anesthesia questionnaire on a clipboard beside a stack of medical record folders in a surgical recovery area

When a Patient’s Medical History Becomes the Malpractice Defense

By Tracy L. Liberatore Esq, PA-Emeritus

A patient checked no to prior anesthesia problems and died after sedation. The providers blamed her for not disclosing it. In Oglesby v. Unnamed Physician, the Indiana Court of Appeals said the records did not prove the complication ever happened.

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Law firm reception desk with a new client intake form, desk phone and case folders

The Conflict Check Most Law Firms Skip at Intake (and the Names It Misses)

By Tracy L. Liberatore Esq, PA-Emeritus

At a CLE this week, attorneys asked how to handle conflict checks on intake. Most firms search a name and move on. Here is what a real intake check covers, and where the misses come from.

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Empty operating room with a curved suture needle and needle holder on a sterile tray and a knee x-ray on a monitor in the background

When a Retained Surgical Item Does Not Speak for Every Defendant

By Tracy L. Liberatore Esq, PA-Emeritus

A suturing needle was left in a knee replacement patient, and the Kentucky Supreme Court still reinstated summary judgment for the radiologists and the surgical assistant. What Diagnostic X-Ray Physicians v. Lloyd means for retained object cases and expert planning.

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Empty hospital labor and delivery room with a signed consent form on a clipboard in the foreground

“Don’t Cut Me”: Why a Withdrawn-Consent Claim Still Needs a Medical Expert

By Tracy L. Liberatore Esq, PA-Emeritus

A patient told her obstetrician to stop. The Mississippi Supreme Court still threw out her battery claim because she had no medical expert. Tracy Liberatore, Esq. on what Brown v. Davey-Sullivan means for consent cases on both sides of the courtroom.

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Empty emergency department treatment bay at night with a vascular Doppler probe and blood pressure cuff on a tray

Time Is Tissue: What a $7.6 Million ER Verdict Teaches Attorneys About Missed Vascular Injury

By Tracy L. Liberatore Esq, PA-Emeritus

A Lee County jury returned a $7.6 million verdict after a woman lost her leg following a dislocated knee replacement. Tracy Liberatore, Esq. on the ER timeline, the defense that did not carry, and the records attorneys should pull in any delayed vascular care case.

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About Med Legal Pro

Tracy Liberatore, Esq., P.A.-Emeritus

Tracy Liberatore

Esq., P.A.-Emeritus | Founder

Medical-legal litigation support for attorneys nationwide. Record analysis, chronologies, merit review, expert witnesses, and compliance screening.

Recent Posts

  • When a Patient’s Medical History Becomes the Malpractice Defense
  • Depo-Provera Litigation After the Settlement: What Attorneys Need From OB/GYN and Epidemiology Experts
  • A $6.8 Million Nursing Home Understaffing Verdict: How Staffing Became the Case

FREE GUIDE – How to Analyze Medical Records

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