Suing a Medical Journal for Lost Medical Malpractice Cases: 1st Circuit Says No
11/4/13
By: Michael Eshman
In what the court called an “imaginative but unpersuasive” theory of liability, the 1st Circuit U.S. Court of Appeals rejected a claim brought by unsuccessful medical malpractice plaintiffs against the authors, authors’ employer, and publisher of an …
Lying to Medicare about Diagnostic Results: Go Directly to Jail. Do Not Pass Go. Do Not Collect Reimbursement.
10/15/13
By: William Ezzell
Physicians practicing under Medicare may soon be reminded, “ignorance is bliss.” The evolution of medical technology has undoubtedly aided in the ability to diagnose conditions with greater certainty, and notably, increased detail. Yet, in an industry largely …
Patients Not Following Medical Advice Can Lead To Medical Malpractice Liability
9/6/13
By: Scott Rees
Informed consent, or lack thereof, has long been a basis for medical malpractice claims. A new twist on that liability theory, “informed refusal,” is now starting to gain popularity in malpractice claims. Examples include a physician who …
Google Glass: An O.R. Dash Cam?
8/16/13
By: William D. Ezzell
With the application of digital memory to point-of-view cameras, certain fields have undergone significant transformation. For example, dash cams in police cruisers provide authoritative documentation of what actually happened. The advent of Google Glass could very …
Reversing Course: Georgia Supreme Court Simplifies Analysis for Official Immunity for State-Employed Physicians
7/23/13
By: Michael Eshman
The Georgia Supreme Court recently revisited and reversed its 1997 decision of Keenan v. Plouffe that applied a multi-factor analysis in determining whether a state-employed physician was entitled to official immunity from suit. Courts state-wide struggled …
A National “Safe Harbor” to Reduce the Cost of Defensive Medicine?
6/18/13
By: Michael Eshman
The Center for American Progress recently proposed a “safe harbor” in medical malpractice litigation to reduce the cost of defensive medicine. The essential component of the “safe harbor” plan is the creation of clinical-practice guidelines …
Cumulative Does Not Always Mean Harmless
5/8/13
By: Scott Rees
In Thomas v. The Emory Clinic, Inc. (March 26, 2013), the Georgia Court of Appeals addressed the issue of a trial court improperly allowing hearsay evidence during a trial when that improper evidence is cumulative of other …
Improving Physicians’ Bedside Manner: Saving Hospitals Dollars because it Makes Cents
4/25/13
By: William Ezzell
Recently, the Wall Street Journal reported on efforts by health care providers and educators alike to improve ways doctors communicate with patients. Following the scrutiny and reform of the health care industry over the past few years, …
Electronic Records Increase Incidence of Overlooked Test Results
4/12/13
By: Mary Ellen Lighthiser
Many health care providers have begun to shift towards digitizing health care records in an effort to streamline their clerical duties and free up more time to spend with patients. While the use of electronic medical …
Georgia’s Emergency Room Statute Further Defined
4/3/13
By: Scott Rees
In Johnson v. Omondi, 318 Ga.App. 787 (Nov. 27, 2012), the Court of Appeals further defined the contours of Georgia’s emergency room statute (O.C.G.A. 51-1-29.5), which was enacted in 2005, but has had little guidance as …
Surgeons Leave Patients with Unexpected Surprises
3/27/13
By: Scott Rees
The article below discusses the surprisingly high frequency of surgical instruments left inside a patient’s body following surgery, and the costs involved. Those sponges become very expensive when they are accidentally left inside.
USA Today – “What …
Georgia High Court to Revisit Scope of Official Immunity for State-Employed Physicians
3/7/13
By: Scott Rees and Michael Eshman
The highest Court in Georgia recently heard oral argument in a medical malpractice case with implications for medical providers working in state-run facilities. The issue, generally, is: when are medical providers working in state-run …