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Use of Interpreters in Emergency Department May Reduce Errors

May 16, 2012

Using professional translators for non-English speaking patients in the emergency department (ED) of hospitals may reduce miscommunications and errors, according to a recent study published online ahead of print in the Annals of Emergency Medicine.
 

Medical Malpractice Claims Level Off in Pennsylvania

May 16, 2012

After a six-year decline in the filing of medical malpractice lawsuits, a new report shows that claims have now slightly risen in Pennsylvania.
 

Massachusetts Health Care Systems Pilot Medical Liability Initiative

May 16, 2012

Studies have shown that when physicians apologize to patients for errors or unfortunate results, patients are less likely to sue and are more likely to have a more positive take on the event.
 

Former Airman Sues U.S. For Medical Malpractice

April 27, 2012

In the most recent challenge to the Feres Doctrine, a former airman who lost his legs because of a botched gallbladder surgery is suing the U.S. government, the Air Force, and the David Grant Medical Center for medical malpractice.
 

Surgical Catastrophes Haunt Anesthesiologists

April 27, 2012

Results of a recent survey indicate that catastrophic medical errors can haunt practitioners for years, and in some cases, forever.
 

Six States Account for Over 50% of Malpractice Payouts

April 27, 2012

Diederich Healthcare, a medical malpractice insurance company, recently released an analysis of medical malpractice payments made in 2011, as recorded by the National Practitioner Data Bank.
 

Indemnity Payments Boost Malpractice Defense Costs

April 27, 2012

Defense costs for malpractice cases vary widely among practice specialties, but in all cases are higher for claims resulting in indemnity payments.
 

Actor James Woods Speaks Out in Support of Medical Apology Bill

March 13, 2012

The actor James Woods recently spoke to Rhode Island lawmakers in support of a bill that would allow physicians to apologize without fear.
 

Gaps in Data Exist in Ambulatory Patient Safety, AMA Says

March 13, 2012

The American Medical Association (AMA) recently released a report on patient safety in ambulatory care settings between the years 2000 and 2010 revealing a gap in research on the subject.
 

Patient Safety A Significant Issue at New York Area Hospitals

March 13, 2012

Consumer Reports recently published results of a study on patient safety in New York City area hospitals, and the findings were alarming.
 

Patient Compensation System Considered in Florida

February 16, 2012

Medical malpractice premiums in Dade County are perhaps the most expensive in the nation, forcing many clinicians to make dramatic choices when it comes to coverage.
 

Minnesota Medical Board Comes Under Scrutiny

February 16, 2012

Minnesota's Star Tribune newspaper recently published an investigative series profiling how the state Board of Medical Practice is mishandling complaints about physicians.
 

Arizona Senate Panel Votes to Curb 'Wrongful Birth' Suits

February 16, 2012

A Senate panel voted in favor of overturning an Arizona Supreme Court ruling that set precedent almost thirty years ago in "wrongful birth" and "wrongful life" lawsuits.
 

Most Physicians Will Face a Malpractice Suit in Their Career

January 30, 2012

It is well known that medical malpractice suits are common, but very little data existed regarding which specialties are sued the most.
 

$9 Million Wyoming Malpractice Verdict Is Largest on Record

January 20, 2012

A jury recently found in favor of a plaintiff in a malpractice lawsuit, and awarded him and his wife a record-breaking $9 million in damages.
 

Malpractice Attorney Charged with Stealing From Clients

January 20, 2012

A New York attorney is being charged with stealing $70,000 from his medical malpractice clients, according to Rockland County District Attorney Thomas Zugibe.
 

Distracted Care Can Lead To Increase in Malpractice

January 20, 2012

While the innovation of such things as cell phones, iPads, social networking sites, and the Internet can often be a boon when it comes to gaining or sharing information on the go, they also can be a distraction to health care professionals.
 

Error Reporting Improves in Non-Punitive Setting

January 04, 2012

When health care practitioners are allowed to report medical errors anonymously in a non-punitive environment designed to improve patient safety, many more errors will be reported, according to a recent study published in Pediatrics.
 

Medical Errors in Indiana Hit Five-Year High

January 04, 2012

In January 2005, to increase awareness and create transparency, Indiana Governor Mitchell E. Daniels Jr. issued an executive order requiring the Indiana State Department of Health to develop a medical error reporting system. The Department of Health did so, and began collecting error reports from hospitals, ambulatory outpatient surgical centers, abortion clinics, and birthing centers starting in January 2006.
 

New York Program Speeds Malpractice Case Resolution

January 04, 2012

The medical malpractice process is time-consuming, costly, and exceedingly slow to reach a resolution. Numerous efforts have been made to address these issues over the years, including caps on damages and statutes of limitations, however, these changes have made little difference in the time and effort involved in these cases. Some light may be appearing on the horizon, however.
 

Electronic Health Records May Increase Malpractice Risk

December 13, 2011

A recent report suggests that the rush to move to EHRs may result in inadequate EHR software, according to a white paper published by the AC Group, a Texas-based health information technology research and consulting firm.
 

National Practitioner Data Bank Closed to the Public

December 13, 2011

The Department of Health and Human Services (HHS) has shut down public access to its National Practitioner Data Bank (NPDB).
 

Diagnosticians Face Higher Malpractice Suit Risk

December 13, 2011

Physicians who regularly order diagnostic tests for their patients may be at an increased risk of medical malpractice suits, according to a recent study.
 

Florida Supreme Count Gears Up for Malpractice Cap Challenge

December 01, 2011

Eight years after being enacted, Florida's $1 million cap on damages for pain and suffering in medical malpractice cases is about to be challenged in the state's highest court.
 

Watchdog Group: California Not Disciplining Dangerous Docs

December 01, 2011

The watchdog group Public Citizen has alerted California Gov. Jerry Brown that the state's medical board has failed to take action against more than 700 health care providers that were disciplined for wrongdoing between September 1990 and the end of 2009.
 

Law Firm Loses Hard Drive With Patients' Medical Records

December 01, 2011

How far does the Health Insurance Portability and Accountability Act (HIPAA) extend? That is the question facing a large medical malpractice defense law firm.
 

Settlement Reached In Case Involving Doctor's Death

December 01, 2011

A settlement has been reached in a medical malpractice case involving the 2009 death of a physician undergoing a controversial treatment for a rare disease.
 

Report: Malpractice Caps Fail to Cut Health Costs

December 01, 2011

Exorbitant pain and suffering awards in medical malpractice lawsuits, also known as non-economic damages, have been blamed for numerous evils, including high physician insurance rates in some states and increases in health care costs due to "defensive medicine" practices.
 

Pennsylvania Woman Awarded $23 Million in Malpractice Case

November 01, 2011

A jury in Lehigh County, Pa., awarded more than $23 million to a 55-year-old woman who lost her legs to infection while being cared for by a hospital nurse, according to a report in The Morning Call (Allentown, Pa.) newspaper.
 

N.C. Governor Vetoes Medical Malpractice Reform Bill

November 01, 2011

In a stunning defeat for Republican legislators, North Carolina Governor Bev Perdue (D- N.C.) vetoed Senate Bill 33, a medical malpractice reform bill that would have capped noneconomic damages at $500,000, regardless of injury.
 

Medical Error Risk Similar in Doctors' Offices, Hospitals

November 01, 2011

Adverse medical events are almost as likely to happen in a physician's office as they are in a hospital setting, according to data from a recently published study in the Journal of the American Medical Association.
 

West Virginia Court Upholds Malpractice Damages Cap

November 01, 2011

West Virginia has upheld a 2003 law capping damages for pain and suffering at $250,000 (or $500,000 in more serious cases), much to the delight of the state's medical association.
 

Juror in Malpractice Lawsuit Charged with Soliciting a Bribe

August 23, 2011

In a highly unusual twist to a medical malpractice lawsuit, a juror was arrested in the middle of a trial and accused with soliciting bribes to procure a plaintiff's verdict.
 

Malpractice Not More Likely with PAs, Most ED Docs Say

August 23, 2011

Nurse practitioners and physician assistants (PA) are increasingly being used in hospital emergency departments.
 

Malpractice Awards in 2010 Lowest on Record

August 23, 2011

Malpractice awards may be at an all time low in the United States, according to the consumer watchdog group, Public Citizen.
 

Supreme Court Mulls Challenge to Military Malpractice Shield

July 18, 2011

The United States Supreme Court is considering whether to hear a case that would challenge the doctrine which prevents lawsuits against military medical personnel. The case involves an Air Force Staff Sergeant who was hospitalized for a routine appendectomy in 2003.
 

Florida Legislature Passes Medical Liability Reforms

July 18, 2011

Two new bills addressing malpractice reform issues have been passed by the Florida legislature and are currently awaiting the signature of Governor Rick Scott.
 

Doc Protests North Carolina Pain and Suffering Caps

July 18, 2011

A physician whose wife was disfigured in an operating room fire has issued a press release and a television ad protesting North Carolina Senate Bill 33, which limits the caps on pain and suffering regardless of whether they resulted in disfigurement, mutilation, loss of limb, paralysis, pain, suffering, blindness or death.
 

Proposed Nevada Bill Would Give Plaintiffs More Time

June 16, 2011

Lawmakers in Nevada are debating a proposed bill which would give plaintiffs (patients) additional time to file an expert witness affidavit required for medical malpractice lawsuits.
 

State Boards Not Acting Against 'Dangerous Doctors'

June 16, 2011

The watchdog group Public Citizen has released an analysis of data from the National Practitioner Data Bank (NPDB) showing that state medical boards have failed to discipline 55% U.S. doctors who either lost their clinical privileges completely or had them restricted by the hospitals where they worked.
 

Michigan Legislature Mulls 'I'm Sorry' Bill

June 16, 2011

The Michigan Legislature has approved a bill that would allow doctors, nurses, and hospitals to express sympathy - but not admit fault - to injured patients and their families without the fear of their statements being used against them in a lawsuit.
 

Sleep Deprivation and Elective Surgery

June 16, 2011

A recent article in the New England Journal of Medicine raises the issue of whether surgeons who become sleep deprived should notify patients who are having elective surgery so that patients can decide whether to postpone the procedure or request another physician.
 

After Four Years of Decline, Malpractice Suits Increase in Ohio

June 16, 2011

The Ohio Department of Insurance released its most recent report - Ohio 2009 Medical Professional Liability Closed Claim Report - which indicated that after four years of decline, malpractice suits are on the rise in the state.
 

Preventable Medical Errors Still Abound

June 16, 2011

It has been more than a decade since the publication of the Institute of Medicine's "To Err is Human," a report highlighting the fact that medical errors cause up to 98,000 deaths and more than one million injuries each year in the United States.
 

Medical Students Learn First Hand About Errors

June 16, 2011

Researchers have found that letting medical students observe first-hand how medical errors and near misses happen can be very instructive in preventing mistakes in their future practice.
 

New York Court Upholds $3 Million Pain and Suffering Award

June 16, 2011

It is not unusual for patients in medical malpractice cases to be awarded financial compensation for pain and suffering. What made this New York case different was the fact that the pain and suffering had taken place for a relatively short period of time: 11 months.
 

Interruptions in the Emergency Department Lead to Errors

June 16, 2011

Emergency department (ED) doctors spend less time directly caring for patients, and more time on indirect care; and frequent interruptions while working are a contributing factor to medical errors, according to a recent study by researchers at the University of Indiana.
 

Docs Often Do Not Take Part in Mediation

February 08, 2011

Results of a recent study show that mediation can help to resolve malpractice suits more efficiently, but doctors and hospitals and their lawyers often resistant using it.
 

West Virginia Malpractice Award Caps Challenged

January 05, 2011

West Virginia's law capping medical malpractice damages is being challenged by a couple who were awarded over $1.5 million in damages in a medical malpractice case only to have the award reduced to a third because of the state's law.
 

Wrong-Site, Wrong-Patient Surgeries Found to Persist

January 05, 2011

Despite the institution of the Universal Protocol by the Joint Committee, which were designed to prevent wrong-site and wrong-patient surgeries, these errors are still taking place, according to a new study.
 

Illinois Malpractice Policies Drive Docs Out of the State

January 05, 2011

A study by researchers at Northwestern University in Chicago has revealed that half of the graduating medical students or fellows trained in Illinois are leaving the state to practice medicine elsewhere, frequently in bordering states.
 

Florida Releases Positive Insurance Numbers

November 16, 2010

The Florida Office of Insurance Regulation has released its 2010 Annual Report on medical malpractice financial information.
 

Malpractice Payouts Dropping Steadily in Pennsylvania

November 16, 2010

In some good news for Pennsylvania physicians, Governor Ed Rendell announced that there has been a 61% decrease in medical malpractice fund payouts since 2003, meaning that liability insurance for physicians is dropping as well.
 

Claims Allege Placement of Unnecessary Stents

November 16, 2010

A Maryland Hospital and one of its cardiologists were hit with more than 100 complaints alleging that the cardiologist placed stents in the hearts of patients who did not need them.
 

Taking Responsiblity Found To Reduce Malpractice Suits

October 29, 2010

A recently published study in Annals of Internal Medicine (2010;153:213-221) shows that taking responsibility for medical errors and apologizing to patients leads to fewer lawsuits.
 

Nevada Supreme Court To Reexamine Damage Caps

October 29, 2010

Like Illinois and Georgia before it, the state Supreme Court of Nevada is being asked to decide whether limits on malpractice awards are constitutional.
 

Tennessee Considers Changes To Medical Malpractice Laws

October 29, 2010

The Tennessee legislature is considering two bills intended to reform medical malpractice claims.
 

Study: Interpreters Improve Satisfaction with ED Visits

September 30, 2010

A recent study reveals that non-English speaking patients who are provided with a professional interpreter in the emergency department (ED) of a hospital are far more likely to be satisfied with the experience and to understand information from health care professionals.
 

New York Hospitals Test Malpractice Pilot Program

September 30, 2010

Five New York hospitals will participate in a federally funded pilot program designed to cut back on medical malpractice costs.
 

Wisconsin Ordered to Repay Medical Malpractice Fund

September 30, 2010

The Wisconsin Supreme Court recently ruled that the state must repay $200 million that was taken from a medical malpractice fund three years ago to balance the state budget.
 

Florida Surgeon Fined for Removing Wrong Organ

July 28, 2010

The Florida Board of Medicine has fined a Broward County, Fla., surgeon $5,000 for removing a healthy kidney from an 83-year-old patient instead of taking out his gallbladder, the Miami Herald reported.
 

Las Vegas Physician Indicted Following Hepatitis Outbreak

July 28, 2010

The physician owner of a Las Vegas area endoscopy clinic and two nurse anesthetists were indicted on 28 felony counts stemming from a 2008 hepatitis outbreak caused by the reuse of syringes and endoscopy scopes.
 

Practice Environment Is On The Decline in Massachusetts

July 28, 2010

The Massachusetts Medical Society (MMS) released its 2010 Physician Practice Environment Index, and the outlook was not good.
 

Hospital Not Liable for Kidney Transplant Cancer Death

July 28, 2010

Physicians at a New York hospital have been found not liable for the death of a 37-year old man who died from cancer and receiving a kidney from a woman who had uterine cancer.
 

Medical Malpractice Suits Drop by 39% in Pennsylvania

June 18, 2010

Two changes to the medical malpractice laws in 2003 have had a major impact on how many lawsuits are initiated in Pennsylvania and where they are filed, according to an article in The Daily Item newspaper in Sunbury, Pa.
 

Study: Interrupted Nurses Make More Mistakes

June 18, 2010

Nurses who are interrupted are more likely to make procedural and clinical errors, according to a new study published in Archives of Internal Medicine (2010;170:63-690).
 

Complaints to Maine Medical Board Rise Dramatically

June 18, 2010

Maine's Board of Licensure in Medicine has reported a dramatic increase in complaints—up 50% over the past 10 years.
 

Nurse Settles Case, Then Is Found Not Liable

June 18, 2010

In a surprising twist in a major medical malpractice case in New York, a nurse was found not liable a week following her decision to settle the case for $1 million.
 

Utah Mulling Bill to Protect Physician Apologies

April 26, 2010

An apology or explanation can be priceless to the loved one of someone who died during surgery, but many physicians are afraid that any condolences or expressions of sympathy or regret will end up being costly to them in the event of a malpractice lawsuit.
 

Medical Malpractice Payments Declining

April 26, 2010

According to the watchdog group Public Citizen, medical malpractice litigation costs have been steadily declining and are "playing an ever smaller role in health care costs."
 

Illinois Supreme Court Overturns Damage Caps

April 26, 2010

In a highly anticipated and much watched decision, the Illinois Supreme Court has struck down the state's statutory $500,000 cap on noneconomic damages.
 

California Hospitals Fined For Preventable Errors

March 30, 2010

In 2007, California initiated a hospital penalty program that fined hospitals for preventable errors that put patients in severe jeopardy.
 

Litigation Fears Impact Physician Work Hours

March 30, 2010

A new study published in the Journal of Law and Economics (2009;54:635-663) has revealed that physicians work fewer hours when their risk of litigation increases.
 

Decline in Malpractice Cases in Iowa Debated

March 30, 2010

In 2002, 335 medical malpractice lawsuits were filed in the state of Iowa. By 2009, that number had dropped to 171. This is good news for most—especially for Iowa physicians whose malpractice insurance is a fraction of what doctors in other states pay.
 

Medical Malpractice Suits Drop Sharply in Tennessee

March 02, 2010

By the middle of the first decade of this century, Tennessee was declared a medical liability "crisis state" by the American Medical Association.
 

Tort Reform Hangs In The Balance in Georgia

March 02, 2010

Lawyers and legislators are anxiously awaiting decisions on two cases in Georgia that may affect the state's tort reforms.
 

Annual Report Highlights Six 'Judicial Hellholes'

March 02, 2010

According to the American Tort Reform Foundation (ATRF), a "judicial hellhole" is a place where judges systematically apply laws and court procedures in an unfair and unbalanced manner, gen­erally against defendants in civil lawsuits.
 

Trial Lawyers Prepare For Tort Reform Fight

January 22, 2010

The American Association for Justice, a trial lawyers group, has launched a grass roots campaign to highlight the issue of medical errors and the importance of malpractice litigation.
 

Majority of Medical Liability Premiums Stabilize or Drop

January 22, 2010

Ninety-four percent of medical liability insurance premiums remained the same or dropped in price in 2009, according to the annual Medical Liability Monitor survey, which polls insurance companies to track this information.
 

Arizona Toughens Burden of Proof in Malpractice Cases

January 22, 2010

An Arizona medical malpractice reform bill, which was signed into law last summer and went into effect recently, makes it harder for patients to sue hospitals, emergency room physicians, on-call specialists, and other hospital personnel involved in providing emergency treatment.
 

Medical Errors Linked to Fatigue, Emotional Distress

November 23, 2009

Internal medicine residents who report higher levels of fatigue and emotional distress also report higher levels of major medical errors, according to a recent study reported in the Journal of the American Medical Association, (2009;302:1294-1300).
 

Courts to Decide Legitimacy Of Malpractice Award Caps

November 23, 2009

Four state supreme courts are set to decide whether to do away with caps on non-economic damages in malpractice cases.
 

Certificate of Merit Requirement Overturned

November 23, 2009

The Washington State Supreme Court has overturned the state's certificate of merit requirement for malpractice suits.
 

Honesty and Apologizing Reduce Malpractice Lawsuits

October 22, 2009

Honesty really is the best policy, especially when it comes to taking responsibility and avoiding lawsuits. That is what the University of Michigan Health System (UMHS) discovered after it launched an innovative program in 2002.
 

Adoption of Patient Safety Reforms Urged

October 22, 2009

Patient safety measures could save 85,000 lives and $35 billion a year, according to a report issued by the consumer interest group Public Citizen.
 

Medical Malpractice TV Ads Skyrocket

October 22, 2009

Television advertising by lawyers soliciting plaintiffs in medical malpractice cases has increased nearly 1400% since 2004, a recent study found.
 

Surgical Glove Perforation Linked to Risk of Infection

September 01, 2009

Surgical gloves that develop holes or leaks during a procedure appear to increase the risk of infection at the surgical site in patients who are not given antibiotics beforehand, a Swiss study found.
 

Malpractice Payouts Continue to Decline

September 01, 2009

Medical malpractice payouts continued to fall across the country last year and account for a minuscule portion of health-care costs, the watchdog group Public Citizen reported.
 

Inform Patients of Lab Results or Risk Being Sued

September 01, 2009

Physicians often fail to inform patients of their tests results—or to document that notification—raising the likelihood of a lawsuit, a recent survey suggests.
 

Nevada Medical Board Is Revamped

August 19, 2009

Nevada has overhauled the state medical board's discipline procedures to allow quicker response to dangerous practices and more public scrutiny.
 

Personality Can Be a Factor in Malpractice Litigation

August 19, 2009

Winning a malpractice lawsuit requires more than proving that your treatment was appropriate and prudent and that it conformed to the standard of care.
 

Reforms Cited for Dramatic Caseload Decline

August 19, 2009

The number of medical malpractice cases has plunged in Pennsylvania since the state changed two procedures. State statistics show 1,602 cases were filed in 2008, a 41% decline from the base years of 2000-2002.
 

Judge: Malpractice Caps Don't Apply to Jury Trials

July 20, 2009

A Maryland trial judge has ruled that the state's cap on noneconomic damages cannot be imposed on jury awards.
 

Not Weighing Patients Can Lead to Medication Errors

July 20, 2009

Mistakes or omissions in obtaining patient weights caused almost 500 medication errors in Pennsylvania hospitals over 4.5 years, according to a state watchdog agency.
 

Oklahoma Revamps Civil Court Rules

July 20, 2009

Oklahoma has overhauled its procedures for medical malpractice lawsuits, reinstating pretrial certificates of merit and setting a limit on most pain-and-suffering damages.
 

Utah Demands More Proof for Emergency Errors

June 18, 2009

A new state law raises the standard of proof required for patients claiming errors in Utah emergency department (ED) care. The state legislature has raised the standard of proof from the traditional "preponderance of the evidence" to the higher "clear and convincing evidence" model.
 

Letter to Patients Leads to Lawsuit

June 18, 2009

Several patients at a South Dakota urology clinic have filed a federal class-action lawsuit against it, charging sloppy practices may have exposed them to disease.
 

Kaiser Permanente Settles Transplant Claims

June 18, 2009

Kaiser Permanente of Northern California (KPNC) has settled five malpractice claims stemming from its defunct kidney transplant program for a total of $1 million.
 

Arizona OKs Qualifications for Expert Witnesses

June 18, 2009

The Arizona Supreme Court has upheld a law that sets the minimum qualifications for expert witnesses in medical malpractice cases.
 

Lawyers: AMA Stats Refute 'Doctors Flee' Myth

May 07, 2009

The American Association for Justice (AAJ), formerly known as the Association of Trial Lawyers of America, said its analysis of new AMA data "adds to a growing body of research that proves physicians are not fleeing the profession because of medical liability."
 
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