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MedMal news
- 1. TWO MILLION IS TOO MUCH
FOR PUNCTURED LARYNX.
An award for $2,000,000 in a medical
malpractice action representing $900,000 for
past suffering and $1,100,000 for future pain
and suffering deviated materially from what
would be reasonable compensation for
negligence. The case started when an
infant’s larynx was penetrated during an
operation to remove a thyroglossal duct cyst
from her throat. Also noted was the
subsequent failure to prescribe antibiotics
after the operation despite the increased risk
of infection due to the entry into the larynx,
and failure to keep the infant plaintiff in the
hospital for more than two days after the
operation.
Reported in Westlaw Topical Highlights –
Health (WTH – HTH) Case Cite: 1998 WL 874911
AWARD IN WRONGFUL DEATH ACTION
REDUCED BY 33%.
A jury’s award of damages totaling $3.9 million in a wrongful death
action as a result of an improper intubation which was performed
during surgery was excessive and was reduced by a New York
Appellate Court to $2.6 million. While the award of $200,000 for
conscious pain and suffering was proper, the awards of $1.2 million
for wrongful death (reduced to $800,000) and, $1 million for the loss
of maternal care for the patient’s son (reduced to $850,000), and $1.5
million for the loss of maternal care for the patient’s daughter
(reduced to $750,000) deviated materially from what would be
reasonable compensation.
Reported in Prod. Liab. Reporter – Case Cite: 635 N.E.2d 1019
UNAPPEALED AND UNPAID,
PLAINTIFF’S VERDICT MUST WAIT
FOR BANKRUPTCY COURT.
A patient came to a Detroit clinic suffering from
a severe sore throat. He was prescribed a mild
antibiotic and sent home. A few days later, his
throat closed up. He went into cardiac arrest,
then into a coma and died a few days later. His
family, on behalf of his estate, sued the clinic and
the doctor, charging that a misdiagnosis had
caused his death. In May 1994, a Detroit jury
awarded $3 million to the plaintiff’s estate; there
was no appeal. But no one has ever been paid.
According to the plaintiff's attorney, “There was
no insurance,” and shortly after the verdict, the
clinic’s owner went into bankruptcy. “It’s now
going through bankruptcy court. When it finally
shakes out, we may get five cents on the dollar.”
Case Cite: Simpson v. Solarte, 92 216178 NH (Cir. Ct., Wayne Co., Mich.)
MEDICAL MALPRACTICE: A STANDARD
OF CARE VS. A QUESTION OF CARELESSNESS.
Comparing those shocking stories against the low number of
decisions favoring the plaintiff, you may wonder what it takes to win.
To be successful, medical malpractice attorneys must command
substantive and procedural legal principles and skills as well as
understand the medical facts and principles relevant to their case. For
information on quick ways to find essential legal and medical
knowledge, look inside.
Health Care Liability Deskbook, 4d
edited by Christopher Kerns, Carol J. Gerner and Ciara R. Ryan
Sedgwick, Detert, Moran & Arnold
Health care law attorneys face two major problems: keeping up
with the constant changes wrought by new legislation and precedent-
setting cases ... and dealing with the increasingly complex legal and
ethical dilemmas they pose. Now you can solve both problems with
proven solutions in Health Care Liability Deskbook, 4d.
Written by attorneys at the international
law firm of Sedgwick, Detert, Moran & Arnold,
you get timely, authoritative coverage on major
legal issues such as
f Medical Malpractice
f Pharmaceutical and Medical Device Litigation
f Federal/State Employment and Labor Law Liability
f ERISA
f Managed Care Organization Liability Exposures
f Commercial Liability
f AIDS/HIV Confidentiality Issues
Even favorable plaintiff jury awards
are subject to caps and reductions.
To order: complete, fold and mail the form in the enclosed reply envelope,
call now for Toll-Free Express Ordering
1-800-344-5009,
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When you call, please provide the OFFER NUMBER that appears above your name on the label.
© 1999 West Group The trademarks shown within are used under license. 0-9983-0/2-99
Analyze a wide range of medical issues
critical to your clients.
MEDICALTHIS SUMMARY OF
CONTENTS SHOWS JUST
SOME OF THE ISSUES
COVERED.
Medical Malpractice
Clinical Practice Guidelines
Tort Reform
Emergency Medical Treatment and
Active Labor Act (“EMTALA”)
Mandatory Reporting by
Physicians and Health Care
Workers of Child Abuse,
Elder Abuse and Spousal
Battery
Environmental Liability for
Medical Waste
Overview of Selected Federal
Employment and Labor
Law Issues
Americans With Disabilities
Act of 1990
Health Care Fraud and Abuse
Managed Care Organizations
and Liability Exposures
Malpractice AlertVOLUME 1 NUMBER 3 FREE
RECOVERY UNDER EMTALA STABILIZATION
PROVISION DOES NOT REQUIRE PROOF
OF HOSPITAL'S IMPROPER MOTIVE -- SUPREME
COURT DECISION.
To state a claim based on an alleged violation of the Emergency
Medical Treatment and Active Labor Act’s (EMTALA) stabilization
requirement, 42 U.S.C.A. § 1395dd, a plaintiff need not prove that the
hospital acted with an improper motive, such as one involving the
patient's indigency, race, or sex, in failing to stabilize her. EMTALA
places obligations of screening and stabilization upon hospitals and
emergency rooms who receive patients suffering from an “emergency
medical condition.” The statute generally restricts transfers of
unstabilized patients, and authorizes both civil fines and a private
cause of action for violations of the statute. It cannot, however,
reasonably be read to require proof of an improper motive.
(Reversing and remanding Roberts v. Galen of Virginia, Inc.,
111 F.3d 405 (C.A.6-Ky. 1997).)
VIRGINIA HIGH COURT UPHOLDS 16-YEAR-OLD
CAP ON MEDICAL MALPRACTICE DAMAGES.
The Virginia Supreme Court unanimously upheld the constitu-
tionality of the state’s $1 million cap on medical malpractice awards,
which includes punitive damages, lost wages, future medical costs
and interest on unpaid judgments against doctors and hospitals.
This review was the result of an appeal in the case of Pulliam v.
Coastal Emergency Medical Services. The case arose from the death
of Elnora Pulliam, 41, who was examined in the emergency room of
Southside Regional Medical Center for 10 minutes back on
December 15, 1995. The attending physician allegedly failed to order
tests that might have diagnosed pneumonia and a severe strepto-
coccus infection that would have been easily treatable with
antibiotics. Instead, Pulliam was sent home with a muscle relaxer
and died by the end of the day. Her husband, Karl B. Pulliam, won a
$2 million jury verdict which the trial judge then cut to $1 million.
Cite Case as: 1999 WL 2192956
Industry Trends:
INSIDEf
ARE YOU SURE YOU WANT THIS CASE?
10 things to look for
when interviewing clients.
- 2. American Law of Medical Malpractice, 2d
by Steven E. Pegalis and Harvey F. Wachsman
Before you can determine the existence or absence of liability in
a malpractice case, you need to understand how doctors and
hospitals function. This text gives you immediate answers to any
questions you may have, including:
f How are physicians trained?
f What is the nature of the doctor/patient relationship?
f How are medical standards of care determined?
f How are hospitals administered?
f What services — besides emergency — are hospitals required to furnish?
Citing law reviews, medical journals, and specialized medical and legal texts,
American Law of Medical Malpractice, 2d also helps you:
f Determine which complex cases should be referred to specialists.
f Quickly find controlling medical and legal principles that will act as the baseline
for future action or inaction.
f Evaluate the appropriate strategy for the prosecution or defense.
f Present complex medical
subjects — from obstetrics to
pharmacology — to juries,
judges and opposing counsel.
f Assess your course of action
before filing a responsive
pleading using checklists for
statute of limitations, informed
consent, comparative negligence ... and more.
What’s more, you’ll find thorough coverage of relevant federal and
state statutes, state-by-state listings of data from health departments, actual
trial transcripts, and our expert authors’ comments — all designed to hone
your skills for sifting through the many facts and details of your case.
“Superior sourcebook for attorneys
involved in the field of medical
malpractice. I have used a number of
different treatises but none compares
with [this] work.”
Michael F. Lyhon
Attorney at Law
Cincinnati, OH
FREE DISKScontaining the entire text make document preparation a snap!
1. The patient who is overly
concerned with money
2. The patient with unusually strong
criticism of past doctors
3. The “doctor shopper” patient
4. The suspicious, neurotic and
severe hypochondirasis patient
5. The patient with unrealistic
expectations
6. The high risk medical problem
patient
7. The overly grateful and
obsequious flatterer
8. The demanding and consumerist
patient
9. The stubbornly resistant non-
complying patient
10. The intense, pain-related,
compulsive note-taker
Excerpted from Medical Malpractice: Checklists
and Discovery by Danner, Varn and Mathias
©1997 West Group
Quickly access proven strategies and
prepare court-ready discovery documents.
Medical Malpractice: Checklists and Discovery, 3d
by Douglas Danner, Larry L. Varn and Susan J. Mathias
Identify the tactics and procedures for uncovering the facts and
planning litigation strategies with Medical Malpractice: Checklists and
Discovery, 3d. It includes complete sets of interrogatories consisting of:
f 41 general sets for plaintiff to defendant, from training to
comparative negligence
f 37 general sets for defendant to plaintiff, from prior existing illness to abandonment
f 60 specific sets for both plaintiff and defendant, from anesthesia to prenatal care
f 23 sets directed to and from an individual doctor, hospital, nursing home or
mental institution
Along with complete sets of pattern interrogatories and depositions, the text of Medical
Malpractice: Checklists and Discovery, 3d contains discussions of:
f the unique aspects of medical malpractice actions
f the plaintiff’s case
f the defendant’s case
f preliminary investigation and evaluation
f medical experts and other witnesses
f negotiations and settlement and much more!
FREE DISKS —
A $125 VALUE!
Get the entire text of Medical Malpractice:
Checklists and Discovery, 3d on 3.5" WordPerfect disks.
You can now create, coordinate and customize a complete range of effective discovery tools
and checklists for your medical malpractice cases—faster and easier than ever before!
32%32%
Of the 137,177 claims that have been closed since 1985,
about 32 percent were closed with indemnity payments (jury
awards and out-of-court settlements). Those payments
averaged $154,910.
CHOOSE A CASE CAREFULLY!
10 characteristics for
recognizing “suit prone”
patients
PLUS — SAVE
up to $312.00 when you
order both American
Law of Medical
Malpractice, 2d and
Medical Malpractice:
Checklists and
Discovery, 3d!
Plan your strategy by
anticipating the
defense’s!
EXAMINE THE SUMMARY OF
CONTENTS TO SEE THE IN-DEPTH
INFORMATION COVERED.
Introduction
Physician and Surgeon
Physician and Surgeon Liability
Informed Consent
Proximate Cause
Hospitals and Hospital Liability
Perinatal Brain Injury and the
Neurologically Impaired Child
Obstetrics and Obstetrical
Malpractice
Neurology
Pharmacology
Anesthesiology
Postmortem Examination
Defenses of Medical Malpractice
Actions
Expert Testimony
Obstetrical Malpractice Trial
Surgery
Cancer
Internal Medicine
Pediatrics
Ophthalmology
Psychiatry
Malpractice Panels and Statutes
CITED BY APPELLATE COURTS!
Determine liability quickly and definitively,
to increase your rate of success!