The Edges of Physician Liability (Medicolegal Issues)

The Edges of Physician Liability (Medicolegal Issues)

The viability of any negligence claim, including a medical negligence claim, is predicated on the defendant’s duty to exercise reasonable care. In a medical negligence claim, this duty arises out of the physician-patient relationship. Two circumstances, however, test the limits of this duty: the conduct necessary to establish a physician-patient relationship and the potential liability […]

Expert Reports (Medicolegal Issues) (Law Overview)

Expert Reports (Medicolegal Issues) (Law Overview)

In 1996, article 4590i of the Texas Revised Civil Statutes Annotated, the statutory provision that governs health care liability claims in Texas, was amended to require claimants to file expert reports within 180 days as part of the prosecution of their claims. Sufficient expert reports include explanations of the standard of care, the deviation from […]

Handling Requests from Attorneys (Medicolegal Issues)

Handling Requests from Attorneys (Medicolegal Issues)

The most frequent non-lawsuit-related questions that we receive from physicians relate to contact by an attorney about a current or former patient. Most frequently, this contact is in the form of a records request or a notice of claim letter. These 2 situations are relatively uncomplicated. The proper response is clear and straightforward. The situations […]

Malice/Gross Negligence (Medicolegal Issues)

Malice/Gross Negligence (Medicolegal Issues)

In health care liability claims, claimants often plead for recovery of exemplary/punitive damages from the defendant health care providers. These allegations often cause anxiety for the defendants, because invariably their professional liability insurance carrier sends them a letter stating that such claims–as well as any damages that may be awarded to compensate the claimant for […]

The Learned Intermediary Doctrine and Its Effects on Prescribing Physicians (Medicolegal Issues)

The Learned Intermediary Doctrine and Its Effects on Prescribing Physicians (Medicolegal Issues)

Over the past 13 years, one constant in the field of health care liability claims has been litigation over medical devices and products. The 1990s began with the silicone gel breast implant litigation. The balance of the 1990s was devoted to litigation on Norplant and the diet drug combination fenfluramine-phentermine (fen-phen); these cases are still […]

Defending Claims Related to Prescribing Drugs Or Using Medical Devices (Medicolegal Issues)

Defending Claims Related to Prescribing Drugs Or Using Medical Devices (Medicolegal Issues)

Review of health care liability claims since the early 1990s shows that without interruption there has been some form of mass tort litigation involving medical devices or products. The 1990s began with the breast implant litigation that is finally now in its last death throes. The breast implant litigation was succeeded by the pedicle screw […]