Medical Malpractice
When a Patient’s Medical History Becomes the Malpractice Defense
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.
Read More...The Conflict Check Most Law Firms Skip at Intake (and the Names It Misses)
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.
Read More...When a Retained Surgical Item Does Not Speak for Every Defendant
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.
Read More...“Don’t Cut Me”: Why a Withdrawn-Consent Claim Still Needs a Medical Expert
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.
Read More...Time Is Tissue: What a $7.6 Million ER Verdict Teaches Attorneys About Missed Vascular Injury
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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