Both Florida and federal law against patient dumping (EMTALA) may have been violated at a hospital in Daytona Beach, FL. My experience with EMTALA cases is that violations are often an easier route to compensation if the patient victim has suffered harm than a medical malpractice action. This is particularly true because of recently enacted protections for emergency rooms and the doctors who...
If it were possible to focus our attention on one really big issue in medical care would frivolous lawsuits be anywhere near the top of the list? Not according to Frivolous lawsuits? Pfft!, a post by Marie Carnes at Disarranging Mine. Marie, who says she has been a legal secretary for both plaintiff and defense lawyers for 30 years, has only seen one lawsuit that should never have been filed....
Bad things can happen in dentist's chairs. Sometimes, when they are really bad, they end up in a dental malpractice lawsuit.Excerpts from the Connecticut Post article:Dentist ordered to pay $130,000 BRIDGEPORT -- A Superior Court jury Thursday ordered a Westport dentist to pay more that $130,000 to a West Haven woman who brought a malpractice claim against him.The six-member jury deliberated...
Can doctors and lawyers benefit from attending classes on medical malpractice together? More importantly, would the public (meaning patients and clients) be better off? ABC News reports on an experiment at a southern law school that may have some merit.Except for a crop of gray hair, the enrollees in Sean Byrne's malpractice course at the University of Richmond Law School look like normal...
The Piper Report has a slant on how health care professionals preserve their self-esteem to the detriment of patients.Medical Errors and Medical NarcissismMedical errors are rampant in American health care, particularly in physician and hospitals services. The human and economic costs are extraordinary. And because these mistakes are virtually 100 percent avoidable, so are the deaths, injuries,...
Serious injuries and deaths are occurring as a result of medical malpractice in VA hospitals across the nation. Should a patient or patient's family consider filing a federal tort claim for injuries when this occurs? The Federal Tort Claims Act covered under Title 28 of the US Code is the appropriate statute to use in cases where medical malpractice or negligence in the VA is suspected. A tort...
Two opposite forces often determine whether a bad result occurs during medical care. These forces (or poles) are the concepts of patient safety and medical errors. As many as 44,000 to 98,000 persons die in US hospitals each year as a result of medical errors.Two opposite forces often determine whether a bad result occurs during medical care. These forces (or poles) are the concepts of...
A breakdown in communications between an obstetrician and a Spanish-speaking pregnant mother may have resulted in injuries to a newborn child in the Florida case of TORRES v. SULLIVAN, 2D03-5227 (Fla.App. 2 Dist. 2005).The standard of care provided to an expectant mother regarding delivery should not be lowered because she does not speak English. Nor should the expectant mother be expected to...
After a USF student, Rachel Futterman, was diagnosed with bacterial meningitis, the university has braced itself for more cases of the rare but potentially deadly disease. Bacterial meningitis, an infection of the brain and spinal cord lining, is a rare but potentially fatal illness. Early symptoms can resemble the flu, including fever, severe headache, stiff neck, nausea, vomiting, rash and...
In a move that's been expected for weeks, President Bush has threatened to veto a bill that would expand healthcare coverage for children. The child healthcare program is set to expire September 30 and Congress will most likely vote to renew it, setting a showdown with the President. The program covers children, many of whom would not have access to healthcare without it. Bush has argued that...
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