Medicolegal

Desire for Certainty, Litigation Fears Drive ER Overimaging

Diana Swift April 07, 2015 Most emergency department physicians order diagnostic imaging tests they know are unnecessary, according to the results of a national survey published online March 23 in Academic Emergency Medicine. A key driver behind these excess scans is the fear of malpractice lawsuits based on missed diagnoses, the researchers found. “The most striking finding of our study […]

Why ‘Choosing Wisely’ Won’t Protect You in a Lawsuit

William Sullivan, DO, JD DisclosuresJanuary 22, 2015 WILL ‘GUIDELINES’ PROTECT YOU AGAINST MALPRACTICE RISK? In order to win in a medical malpractice case against a physician, a plaintiff must prove that the physician owed the patient a duty, that the physician breached the duty, and that the physician’s breach in duty caused the patient to suffer damages. […]

Informed Consent for Chiropractic Care: Comparing Patients’ Perceptions to the Legal Perspective

Melissa Winterbottom, BSc, MSc Manual Therapy Articles in Press Received: August 11, 2014; Received in revised form: November 10, 2014; Accepted: November 19, 2014; Published Online: November 26, 2014 DOI: http://dx.doi.org/10.1016/j.math.2014.11.009 Abstract Purpose This study explored chiropractic patients’ perceptions of exchanging risk information during informed consent and compared them with the legal perspective of the […]

Surgery patients report waking up during surgery but unable to let doctors know

By Clare Wilson October 6, 2014 If you’re facing surgery, this may well be your worst nightmare: waking up while under the knife without medical staff realizing. The biggest-ever study of this phenomenon is shedding light on what such an experience feels like and is causing debate about how best to prevent it. For a one-year […]

Legal Pitfalls When You Refer Patients

Medscape Business of Medicine Mark CraneDisclosures August 21, 2014 Story Source Refer at Your Own Risk Can you be sued for malpractice because a specialist to whom you referred a patient botches her care? Yes. Courts have upheld many cases filed on the theory of “negligent referral” — when the referring doctor knew or should […]

Direct and Cross Examination of Medical Experts: Who Will They Believe?

TTLA’s 22nd Annual Medical Malpractice Bill Liebbe The Liebbe Firm Tyler, Texas Dallas, Texas Conference June 2, 2011 Austin, Texas Full Text Article