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Articles Posted in Medical Negligence

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Rhode Island Hospital Cannot Get It Right

You know that patient safety is not a priority in a hospital when your state regulatory agency orders that cameras be installed in your operating rooms. Rhode Island Hospital has had five wrong-site surgeries since 2007.  Here is how the AP described the last incident: The latest incident last month…

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Lawsuit Against Pharmacists For Filling Prescriptions for Known Drug Abuser

On the afternoon of June 4, 2004, a woman named Patricia Copening driving a SUV ran  into a delivery-van driver who had pulled over to repair a flat tire on the highway’s shoulder, killing him at the scene. She also hit another man, causing a head and other injuries. A…

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New Medical Malpractice Filing Numbers

Every day, more than  5 Tennesseans die as a result of medical malpractice. How do I know such a thing?  Simple math.  The Institute of Medicine has reported that 98,000 people a year die from medical malpractice.  Think about it:  the death rate from medical malpractice  is the equivalent of…

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Board Certification in Medical Malpractice

A couple of months ago I filed an application  with the American  Board of Professional Liability Attorneys seeking  board certification in medical malpractice cases.  I have been board certified as a civil trial specialist for over 15 years.   In fact, several years ago I served as President of the National Board…

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CBO Offers New Data on Cost of Medical Malpractice Lawsuits

Senator Orin Hatch (R-Nevada) asked the Congressional Budget Office to update its previous findings concerning the effect that restrictions on the rights of patients to hold the health care industry responsible for errors that kill or injure patients ("tort reform"). Here are some of the findings from the report: "National…

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An Appropriate Handoff

Yes, handoffs occur in football.  But they also occur in healthcare, when one professional  transfers the responsibility for caring for a patient to another provider.  Here is how The Doctor’s Company explains handoffs when talking about hospitalists: The primary objective of a handoff is to provide accurate information about a…

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President Orders Tort Reform Tests

President Obama announced yesterday  that the government will set aside $25 million to support state grants for pilot programs to reduce medical malpractice lawsuits.   ABC News describes the grant process  this way: The Department of Health and Human Services will oversee the process for states to launch and test initiatives…

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Washington Certificate of Merit Struck Down

The Washington Supreme Court has struck down the filing of a certificate of merit in medical malpractice cases in Washington state.   The certificate is required by RCW 7.70.150. The opinion said that the statute was unconstitutional because it violated the separation of powers between the Legislature and the Judiciary and…

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Georgia Supreme Court Considers Constitutionality of Damages Cap in Medical Malpractice Cases

The Georgia Legislature imposed a cap on noneconomic damages in meritorious medical malpractice cases in 2005.   The cap is $350,000.   In a case tried in Fulton County several years ago, the jury’s verdict exceeded the cap, and the Georgia Supreme Court is now considering whether the cap is…

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