Hospital policies are adopted for the purpose of providing a safe environment and quality care to patients. They are also adopted as a means of preventing liability. It is becoming increasingly common, however, for policies to be used against health … Continue reading →
Time magazine recently published an article highlighting the controversy surrounding work hour restrictions placed upon doctors in training. Work hour restrictions were initially enacted by the state of New York in 1987 in response to the death of an 18 year … Continue reading →
Does anyone remember the last episode from Seinfeld where Jerry, Elaine, George and Kramer end up in jail for failing to help an individual being held up at gunpoint? The arresting police officer cites the town’s “Good Samaritan” law as … Continue reading →
A Nevada jury says the state’s largest health management organization is liable for $24 million in compensatory damages to three plaintiffs in a negligence lawsuit stemming from a hepatitis C outbreak that became public in 2008. That was not all. … Continue reading →
Giving a deposition is a form of communication that is usually completely foreign to health care providers. The surgeon who is in complete control of her operating suite may find herself utterly lost in a conference room surrounded by attorneys. … Continue reading →
With all of the recent cruise ship debacles, I was reminded of a doctrine often applied in malpractice cases informally referred to as the “Captain of the Ship” doctrine. This doctrine suggests that a surgeon has the ultimate responsibility for the care of the patient, and has … Continue reading →
Independent medical examinations are a “hands on” way to evaluate the injuries claimed by a plaintiff. With the ability (with some limits) of hand-picking the examiner, an IME is a great way to strengthen the defense of a given case. … Continue reading →