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medical malpractice Archives

A lack of 'informed refusal' can be malpractice

You've probably heard that a physician or surgeon's failure to get a patient's informed consent before a procedure is grounds for a medical malpractice lawsuit when something goes wrong with a treatment or procedure -- but what about times when a physician fails to get a patient's informed refusal?

Telemedicine and medical malpractice claims

Telemedicine is becoming an increasingly popular way for doctors to see and treat patients. It typically involves appointments via video conferencing. Telemedicine can help patients in areas without easy access to hospitals and other medical facilities get care. It allows patients to connect with specialists hundreds and even thousands of miles away. It's also useful when patients aren't able to drive because of their medical condition.

A Florida bill may reduce medical malpractice award amounts

A panel of Florida House lawmakers reintroduced a bill on March 13 aimed at capping damages in medical malpractice cases. A similar bill was initially proposed by lawmakers back in 2003 and later declared unconstitutional by the Supreme Court in 2017.

Why do misdiagnoses occur, and how should they be handled?

Patients who are suffering from symptoms that their doctor has difficulty diagnosing may wonder if they've come down with a rare condition. Although instances in which a doctor is unable to diagnose a patient's symptoms don't happen all that often, there are two common reasons to explain why these types of events occur.

Why emergency room doctors are sued for malpractice the most

A study published by The Doctors Company in 2015 revealed that the types of physicians most apt to be sued were emergency room doctors. While one of the most frequent reasons that they ended up getting sued was because of their delayed diagnoses, there were some other themes that were commonplace when the insurer reviewed seven years' worth of its settled medical malpractice cases.

Federal law prohibits hospitals from denying care to patients

All doctors working in hospital emergency rooms in the United States are required to medically screen patients who come in seeking help regardless of whether they have insurance or the means to pay. This is legally mandated under the Emergency Medical Treatment and Labor Act (EMTALA), which went into effect in 1986.

Can nurses be sued for malpractice?

Whether being seen for a routine checkup, calling in to refill a prescription or being cared for in the hospital, patients frequently interact with nurses more than they do doctors or any other medical professionals. They're often tasked with managing the care of hundreds of patients and are called to make spur of the moment decisions when emergencies arise. This can expose them to a significant liability risk.

Peripheral artery disease patients have unnecessary amputations

Each year, as many as 185,000 Americans have at least one of their limbs amputated. While you may think that these incidents occur as the result of car or workplace accidents, they don't. Instead, a large percentage of amputations happen because of poor management of vascular conditions such as peripheral artery disease (PAD).

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