Delayed Diagnosis of Breast Cancer: A Medical Malpractice Challenge
It is estimated that one out of every 71 breast cancer cases are incorrectly diagnosed and 25% of biopsies are misdiagnosed due to error. Delayed diagnosis, or misdiagnosis, of breast cancer is the leading cause (approximately 82% in one study) of breast cancer-related medical malpractice lawsuits. A qualified medical expert will always be necessary when […]
Telemedicine: Risks, Rewards, and Legal Implications in the Age of COVID-19
Access to healthcare has always been important, but has taken on a new meaning during the COVID-19 pandemic. Between mandated shutdowns, quarantines, and other safety concerns, in-person doctor’s visits have become increasingly difficult, if not impossible, for patients and physicians alike. Since now, more than ever, people are reliant on the internet and digital technology […]
Opioid Prescription Medical Malpractice Litigation: Why You Need an Expert Witness
It is no secret that prescription opioid use has drastically risen in the United States. Within the past two decades, the sale of opioid prescriptions has quadrupled. Opioid pain medications include natural opioids such as morphine and codeine, or synthetic and semi-synthetic ones such as oxycodone, hydrocodone, oxymorphone, and methadone. These medications became popularized in […]
Will Reopening Lead to a Spike in Medical Malpractice Cases?
Will Reopening Lead to a Spike in Medical Malpractice Cases? Legal liability has been a concern throughout the coronavirus pandemic—but not for the medical world. While clients and customers have been suing businesses, and those businesses have been suing their insurers, hospitals and doctors have primarily been safeguarded from claims. This […]
Wisconsin Supreme Court Upholds Alternative Methods Jury Instruction In Medical Malpractice Case
Recently the Supreme Court of Wisconsin (the “Court”), unanimously held that, “[t]he jury was properly given the alternative methods instruction in this case based on the expert testimony introduced at trial.” Barney v. Mickelson, 2020 WI 40 (emphasis added). The Court reversed the court of appeals decision and reinstated the circuit court judgment dismissing the […]
State Governments Move to Grant Doctors MedMal Immunity Amid Coronavirus
State governments are seeking to protect health care workers on the frontline of the global pandemic from coronavirus lawsuits by drafting legislation that bars medical malpractice lawsuits related to the coronavirus. This comes after Health and Human Services Secretary Alexander Azar sent a letter on March 24, 2020 to all state governors, stating, “for health […]
Is Discrimination in American Nursing Homes Leading to Unnecessary COVID Deaths?
The COVID-19 pandemic is most lethal for older Americans and those who suffer from severe respiratory problems. It makes sense that nursing homes and rehabilitation facilities would impose more restrictions on guests and ensure the cleanliness of the home. Yet, outbreaks of coronavirus in nursing homes have made headlines all across the country, despite […]
Two Physicians Found at Fault in Death From Flu
In 2009, an 8-year-old girl died from complications caused by the H1N1 influenza virus, which was also known as swine flu. After years of litigation, her family was awarded $8 million in damages. In late August 2009, the child was brought by her mother to a pediatrician. The child’s symptoms were coughing, sneezing, sore throat, […]
Wyoming Court Rules in Favor of Doctor After Alleged Local Anesthesia Error
A court in Wyoming ruled in favor of the defendant in a medical malpractice lawsuit against an anesthesiologist accused of administering local anesthesia incorrectly during an outpatient wrist surgery, resulting in brain damage to the patient. The plaintiff had been seeking $800,000 in damages. In 2015, the plaintiff suffered a […]
Ohio Woman Receives $7.4 Million in Damages After Suffering Brain Damage Because of Misdiagnosed Infection
A court in Ohio issued a verdict in favor of a plaintiff whose wife requires 24-hour care as a result of brain damage suffered because of a misdiagnosed brain infection. The defendants include two neurologists who treated the patient in 2013, when she first began showing signs of illness, as well as the neurologists’ employer, […]