Influences of Hospital Structure on Medical Malpractice Claim Costs (Report)

Influences of Hospital Structure on Medical Malpractice Claim Costs (Report)

INTRODUCTION Over the past decade both public attention and scientific interest have been increasingly drawn to issues of quality in health care and, in particular, issues involving patient safety and errors as revealed in reports such as To Err is Human (Institute of Medicine, 1999). Judgments regarding the quality of health care services are often […]

Medical Malpractice: A Comprehensive Analysis.  (Book Review)

Medical Malpractice: A Comprehensive Analysis. (Book Review)

Medical Malpractice: A Comprehensive Analysis, by Vasanthakumar N. Bhat, 2001, Westport, Conn. & London: Auburn House The author states in his preface that “the purpose of this book is to present a comprehensive overview of the medical malpractice system.” He also states that his goal “is to present an overview of the latest literature along […]

Medical Malpractice and New Devices: Defining an Elusive Standard of Care.

Medical Malpractice and New Devices: Defining an Elusive Standard of Care.

ABSTRACT Early adoption of a new medical device by a physician carries with it some degree of malpractice liability risk. The legal standard for malpractice varies from place to place, but generally requires an evaluation of the physician’s conduct either against that of a hypothetical “reasonable physician,” or else against professional custom. Where the use […]

Response of a Community Hospital in West Virginia to the Medical Malpractice Crisis (Fellow PROJECT)

Response of a Community Hospital in West Virginia to the Medical Malpractice Crisis (Fellow PROJECT)

ORGANIZATIONAL INFORMATION The organization referred to in this report is a for-profit hospital that is part of a large for-profit healthcare chain. The hospital was originally founded by a Catholic bishop who engaged a religious congregation of women to operate the hospital. The hospital operated for 82 years as a Catholic not-for-profit facility until 1995, […]

Malpractice: What is Still at Risk?(Medicolegal Issues)

Malpractice: What is Still at Risk?(Medicolegal Issues)

Recent Texas case law decisions have confirmed that the Medical Liability Act is working. The broader definition of health care provider and the expert report requirements have resulted in many plaintiffs losing their case without trial. In the last few years, numerous courts have continued to address several aspects of the Texas Medical Liability Act’s […]

Communication Gaffes: A Root Cause of Malpractice Claims.

Communication Gaffes: A Root Cause of Malpractice Claims.

We are presently in the throes of another medical malpractice insurance crisis, not unlike the crisis that occurred in the late 1970s. The availability of medical malpractice insurance is diminishing; insurance premiums are skyrocketing; insurance carriers are going bankrupt or refusing to write insurance policies in Texas. In some areas, the cost of malpractice insurance […]

Preston V. Meriter Hospital in the Supreme Court of Wisconsin (Medical Malpractice)

Preston V. Meriter Hospital in the Supreme Court of Wisconsin (Medical Malpractice)

HOLDING: When a baby is born in a hospital birthing center, the newborn has come to the “emergency department” for purposes of the Emergency Medical Treatment and Active Labor Act (EMTALA). Thus, the hospital must provide “an appropriate medical screening examination” to any infant born at the hospital birthing center in order to determine whether […]