Category Archives: Medical Malpractice

Subscribe to Medical Malpractice RSS Feed

An Emergency Medicine Expert Can Be Qualified to Offer Opinions as to Deviations by Emergency Room Nurses

Posted in Legal Updates, Medical Malpractice

By way of a decision by the Superior Court of New Jersey, Appellate Division in October 2015, a case was remanded for a new trial following the Trial Court’s granting of Motions under N.J.R.E. 702 and determining that the Emergency Medicine expert was “not qualified to render opinions as to the standards of care applicable… Continue Reading

Understanding Hospitalist Malpractice Claims

Posted in Medical Malpractice

For those unaware, a “hospitalist” is a physician who works exclusively in a hospital setting and specializes in Hospital Medicine. Most commonly, hospitalists undergo residency training in Internal Medicine or Family Medicine and, therefore, have education and training similar to doctors practicing as primary care physicians or family doctors. However, some hospitalists have training in… Continue Reading

The Ongoing Saga of Preliminary Objections to Complaints on the Basis of Unidentified Agents, Servants, Employees, Physicians, etc.

Posted in Medical Malpractice, Personal Injury

For those of us who practice in the world of medical negligence, it is almost routine to receive Preliminary Objections from the defense moving to strike all allegations that contain references to unidentified agents, servants, employees, attending physicians, nursing staff, and other support staff. Despite what seems to be clarity in the law, the preliminary… Continue Reading

Medical Errors in Hospitals are the Third Leading Cause of Death in the U.S.

Posted in Medical Malpractice, Personal Injury

The Journal of Patient Safety discussed recent studies which have shown that preventable medical errors are responsible for between 200,000 and 400,000 patient deaths per year in U.S. hospitals. These errors include facility acquired infections, medication errors, omissions in treatment, communication errors between health care providers, nerve or vessel injuries, wrong operations, injuries to organs… Continue Reading

Can an Injured Third Party Sue a Hospital for Medical Malpractice?

Posted in Medical Malpractice

Consider the following scenario: A patient is given pain medication in a hospital emergency room which impairs the ability to operate a motor vehicle. The doctor who administers the medication discharges the patient from the hospital without advising her not to drive while on the medication. On the way home from the hospital, the patient,… Continue Reading

Med Mal Claims at NYC-owned Hospitals Increase

Posted in Medical Malpractice

According to the New York City Comptroller’s Office, the number of medical malpractice claims filed against City-owned hospitals increased in the 2015 fiscal year. This is a significant development. Available data shows that, until 2013, medical malpractice payouts had not increased nationally since 2003. According to data compiled by Diederich Healthcare, a medical liability insurance… Continue Reading

Corporate Negligence in Medical Malpractice

Posted in Medical Malpractice

In 1991, corporate negligence was recognized as a cause of action by the Pennsylvania Supreme Court in the case of Thompson v. Nason Hospital. Corporate negligence is a doctrine under which a hospital is liable if it fails to uphold the proper standard of care owed a patient. This “standard of care” ensures a patient’s… Continue Reading

Gross Negligence for Georgia ER Negligence Cases

Posted in Medical Malpractice

In Georgia, by statute, a plaintiff must prove gross negligence, rather than just ordinary negligence, in order to prevail in a medical malpractice case alleging negligence in a hospital Emergency Room. Gross negligence is a higher standard than ordinary medical negligence, making it more difficult for a plaintiff to establish and, therefore, prevail in their… Continue Reading