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Medical Malpractice Statute of Limitations

Posted on by Dominick Flarey

Unfortunately human error exists in any type of practice.  Sometimes the error can be mild or extreme.  Other times the error can be malicious or quite innocent in intent.  In the medical field, it can be the health care provider’s fault or a perceived injury by the patient.  In all cases, if malpractice does occur, there is a certain time frame, or statute of limitations that limits lawsuit.  Certain states have different deadlines and most states have extensions when discovery can occur.  Law practices usually utilize the expertise of legal nurse consultants to help with issues regarding medical malpractice and determine if a case is valid or if proper procedure was followed within the practice.

Medical errors need to be reported and litigated within a proper time frame. This is why it is important if unjustly injured to contact an attorney

 

The article, “Medical Malpractice Statute Of Limitations By State” by Christy Bieber, J.D, looks at many of the stipulations that surround statutes of limitations.  She lists all the states and their current time limit to actively file a lawsuit against a healthcare provider.  She also discusses issues what malpractice consists of and how the Discovery Rule can be an exception to most statutes of limitations.   In regards to statutes, she states,

“With most injury claims, you must file a lawsuit within a limited period of time. This is true for claims arising from medical negligence. States set laws on how long you have to pursue your case. This is important because evidence can be lost and memories fade over time.  If you do not pursue your case within the medical malpractice statute of limitations, your claim will be time barred. You will not be allowed to pursue a claim and get compensation for the harm you experienced as a result of your caregiver’s negligence.”

“Medical Malpractice Statute Of Limitations By State”. Christy Bieber, J.D. November 18th, 2022. Forbes Advisor.

To review the entire article, please click here

Commentary

Statutes of limitations are important because they prevent unreasonable litigation against healthcare providers.  If one is truly hurt, it is important to find the proper legal recourse within the time frame.  Fortunately for more unknown symptoms and secretly hidden activity, Discovery Rules in most states can help individuals find justice.  Legal Nurse Consultants and Malpractice Law Firms can help individuals find the justice they need.

Statute of Limitations in Malpractice

Statutes of limitation refer to the legal concept that outlines the maximum period of time after which a particular right or claim may no longer be enforced through the court system. These periods vary depending on jurisdiction, but all serve the purpose of protecting defendants from having to defend themselves against stale or unsupported claims. In essence, the statute of limitations sets a temporal boundary beyond which any claim brought forward is considered to have been waived by the claimant and is therefore inadmissible in court.

Statutes of limitation in medical malpractice refer to the timeframe within which a legal action for civil damages or other remedies must be initiated. This is a legal restriction that prevents a plaintiff from initiating an action after the expiration of a specified period of time. Statutes of limitation are designed to ensure that claims are brought in a timely manner, while simultaneously providing healthcare providers and entities with assurance that they will not suffer liability for alleged wrongdoing indefinitely.

The discovery rule is a legal principle that has been developed to enable claimants in medical malpractice cases to bring a claim beyond the statute of limitations. Specifically, it serves to extend the period of limitation when a patient’s knowledge or understanding of an injury caused by medical negligence is unclear until after the period of limitation has already elapsed. In such cases, the discovery rule applies and allows plaintiffs to pursue a claim up until two years after they have discovered their injury or should have reasonably known about it.

Role of Legal Nurses in Malpractice Cases

The role of legal nurses in medical malpractice cases is an integral part of the litigation process. Legal nurses are responsible for providing specialized knowledge and expertise to attorneys and other legal professionals that may be unfamiliar with the medical aspects of malpractice cases. Legal nurses are employed to review patient records, evaluate clinical outcome, investigate potential malpractice claims, assess liability and damages, provide expert testimony, and offer medically relevant opinion on the case.

Learn more about becoming a Legal Nurse Consultant through AIHCP’s online program. The program is online and independent study!

 

Conclusion

In conclusion, the statute of limitations for medical malpractice is an important consideration when determining whether to pursue a case. Depending on the state, the time limit may vary. Therefore, if you think that you or a loved one have been injured due to medical malpractice, it is important to consult with an attorney who can explain how the law applies in your particular situation. Understanding the statute of limitations for medical malpractice will help ensure that individuals receive justice and ethical care from their healthcare providers.

Please also review AIHCP’s Legal Nurse Consulting Certification and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified nurses looking to become certified in Legal Nursing.  Nurses can then enter into the field of the courtroom and legal process and help utilize their expertise in nursing and medical procedure in numerous cases in both defense of healthcare professional or patient.

Additional Resources

“Always a Nurse: The Legal Nurse Consultant”. Howland, Wendie MN, RN-BC, CRRN, CCM, CNLCP, LNCC. Nursing Administration Quarterly: January/March 2020 – Volume 44 – Issue 1 – p 71-73. NAQ Nursing Administration Quarterly.  Access here

“Medical Liability/Malpractice Statutes of Limitation”. Heather Morton. March 20th, 2014. National Conference of State Legislatures. Access here

“The Many Ways to Extend a Limitations Period”. Mark E. Rooney. November 27th, 2019. American Bar Association.  Access here

“Medical malpractice in the United States” Wikipedia. Access here

“Effects of Malpractice Law on the Practice of Medicine”. Lee Black. Health Law June 2007. AMA Journal of Ethics.  Access here

Benefits of Having a Legal Nurse Consultant on Your Team

Posted on by Dominick Flarey

By: Dominick L. Flarey, Ph.D, MBA, RN-BC, ANP-BC, LNC-CSp.
       Certified Legal Nurse Consultant Specialist

Photo of a file folder with a document laying on top that is titled Professional Malpractice with a judge's gavel laying along side of the document

The benefits of having a Legal Nurse Consultant on the medical malpractice team has been realized time and time again by the legal world. With their knowledge and experience in the medical field, legal nurse consultants can provide critical insight into the nursing and medical issues at the heart of a case. They can break down medical terms, identify errors in medical care, and determine the likelihood of those errors causing harm to the patient. Legal nurse consultants can be the deciding factor in whether a case is won or lost. By examining the medical records and providing insight, legal nurse consultants can assist attorneys in deciding whether a potential case has merit for litigation. With their help, attorneys are able to build stronger cases and increase their chances of success. Legal nurse consultants can provide insight on many different nursing, health care and related medical issues. They can break down the medical terms in the medical records and explain what is happening in the patient’s medical care. They can identify mistakes made in the patient’s care and determine the likelihood of those mistakes causing harm. They can explain why mistakes were made and provide recommendations for how to improve the patient’s care.

These individuals bridge the gap between two fields of nursing and legal issues by employing their knowledge of nursing practice standards and regulations to assist attorneys, insurance companies, and other legal entities with malpractice cases. Specifically, legal nurse consultants provide a variety of services that encompass all aspects of litigation, including research, case analysis, and medical record review, determination of standards of care and damages assessment.

How Legal Nurse Consultants Help Attorneys Win Medical Malpractice Cases

Legal nurse consultants can help attorneys with many different aspects of a medical malpractice case. They can review medical records and provide feedback on whether the records are sufficient and complete. They can assess records for tampering and other forms of falsification. They can identify gaps in the records that should be filled and recommend additional testing that should have been done. Legal nurse consultants can assess the medical care provided to the patient and provide recommendations on how the care could be improved. They can provide insight into the patient’s condition, the patient’s response to treatments and medications, and the patient’s prognosis for recovery. Legal nurse consultants can also assess the actions taken by the medical team, including the decisions made by the physicians and the actions of the nurses and other medical staff, in their consulting role.

Legal Nurse Consultants’ Role in Analyzing Medical Records

Legal nurse consultants can provide critical insight into the medical records in a case. They can break down the medical terms used in the records and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify mistakes in the medical records and determine the likelihood of those mistakes causing harm to the patient. Legal nurse consultants can explain why mistakes were made and provide assessments on how standards of care were likely violated. They can also provide insight on whether the medical records are sufficient and complete. They can identify gaps in the records that should be filled. They can recommend additional testing that should be done and provide insights into the legal implications of medical decisions and treatments. The ability to interpret and analyze medical records is essential for LNCs to effectively identify potential issues related to liability, negligence, and malpractice.

Legal Nurse Consultants’ Role in Providing Nursing and Medical Insight

Legal nurse consultants can provide insight into the patient’s condition, the patient’s response to treatments and medications, and the patient’s prognosis for recovery. They can provide critical insight into the medical issues at the heart of the case, including the patient’s diagnosis, the course of treatment being followed, and the patient’s response to that treatment. They can provide feedback on whether the medical care provided to the patient is appropriate and adequate. They are able to provide a valuable perspective on clinical matters through their knowledge of healthcare delivery, regulations, risk management and quality assurance. Acting as a bridge between the legal and healthcare professions, LNCs help lawyers better understand medical claims, procedures and treatments by utilizing their expertise in nursing, health care and law.

 

Legal Nurse Consultants’ Role in Assessing Medical Care

Medical laws and legal medicine or malpractice law as a group of hospital workers or doctor and nurse hands holding a justice scale as a health legislation symbol with 3D illustration elements.

Legal nurse consultants can assess the medical care provided to the patient. They can determine whether the care provided is appropriate and adequate. They can identify mistakes in the patient’s care and determine the likelihood of those mistakes causing harm. Legal nurse consultants can explain why mistakes were made and recommend ways to improve the patient’s care. Through their expertise in both legal and medical matters, they are able to provide important information to attorneys, insurance companies, and other interested parties on the standards of care and whether or not those standards were met. They may consult on medical care issues, but they are not permitted to testify as an expert witness on medical practice standards of care in a court proceeding.

Legal Nurse Consultants’ Role in Testifying in Court

Legal nurse consultants can provide expert testimony in court cases. They can provide their insight into the nursing issues at the heart of the case. They can break down the medical terms in the medical records and provide a layman’s explanation of what is happening in the patient’s nursing care. They can identify mistakes in the patient’s care and determine the likelihood of those mistakes causing harm. They can explain why mistakes were made and provide recommendations for how to improve the patient’s care. Legal nurse consultants can also explain the appropriate course of treatment being followed for the patient’s diagnosis. They can provide feedback on whether the nursing care provided to the patient was adequate. They can and do educate the jury and the judge on the nursing standards of care applicable to the case being heard. Legal Nurse Consultants (LNCs) possess the requisite knowledge and experience to provide expert testimony concerning nursing standards of care in a legal context. As such, they are uniquely qualified to serve as reliable witnesses on matters relating to nursing malpractice or other issues related to nursing negligence. It is important to note that the scope of their testimony is limited exclusively to matters pertaining to nursing standards of care.

If not testifying in court as an expert witness, then LNCs may consult with attorneys on other issues of a malpractice case outside of the scope of nursing standards of practice. They may present written consulting reports or provide verbal consultations to their attorney clients on other non-nursing related issues of a case.

Tips for Working with a Legal Nurse Consultant

If you are working with a legal nurse consultant on your case, there are a few tips that can make the process go more smoothly. Make sure to communicate well with your consultant. This can help the consultant understand your case and help you get the insight you need. Make sure to keep your consultant updated on any changes to the case or to the patient’s condition. This can help the consultant provide timely feedback and recommendations. You can also ask your consultant any questions you have as they are reviewing the records and providing insight. This can help you understand the process and get the insight you need.

In order to maximize the efficacy of a legal nurse consultant (LNC) in healthcare-related litigation, certain best practices must be observed. To this end, it is beneficial for attorneys to be cognizant of the LNC’s expertise and provide clear direction regarding the desired outcome. Additionally, open communication should be encouraged throughout the collaborative process to ensure both parties are apprised of relevant developments and can effectively collaborate to reach a resolution.

Finding a Qualified Legal Nurse Consultant for Your Case

Photo of a Stethoscope and judgement hammer or Judge's gavel. Gavel and stethoscope. medical jurisprudence.

Legal nurse consultants provide critical nursing, health care and medical insights that can help attorneys win malpractice cases. When searching for a legal nurse consultant for your case, there are a few things to keep in mind. Look for a consultant with experience in the practice of legal nurse consulting. This can help ensure the consultant understands the issues at the heart of a malpractice case and can provide helpful insight. Also, look for a consultant who has experience with the type of case you have. For example, if you have a medical negligence case, make sure the consultant has experience reviewing records from hospitals and other medical settings and can identify mistakes in those records. Also, consider contacting one of the certifying organizations, such as the American College of Legal Nurse Consulting, and ascertain if they have a list of Certified Legal Nurse Specialists in your area or who have expertise in the area of your specific case.

The Importance of Having a Legal Nurse Consultant on Your Team

Conclusion

Legal nurse consultants are critical members of a legal team. The benefits of having a legal nurse consultant are many and attorneys are realizing this more and more.  In summary, they can provide insight into the nursing and often overall medical issues at the heart of a case, helping attorneys win their cases. Legal nurse consultants can break down medical terminology and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify errors in the patient’s care and determine the likelihood of those errors causing harm. With their expertise in the nursing and health care field, legal nurse consultants are able to provide critical insight into the patient care issues at the heart of a case. They can break down medical terminology and provide a layman’s explanation of what is happening in the patient’s medical care. They can identify errors in the patient’s care and determine the likelihood of those errors causing harm. They are expert at standards of care and identifying deviations from the standards of care. They are very valuable in assisting attorneys in establishing whether or not there was negligence in a malpractice case. Their presence on a legal team in medical or nursing malpractice is really imperative today. The number of Registered Nurse Legal Nurse Consultants continues to grow as demand continues to escalate.

While this article focuses more on the work of LNCs consulting for plaintiff attorneys, future article blogs will also address the LNC as consulting for medical malpractice work for defense attorneys as well.

Education and Certification of Legal Nurse Consultants

Registered Nurses may find the specialty practice of Legal Nursing Consulting an attractive option as a career goal. The American College of Legal Nurse Consulting offers a full curriculum of online, distance education courses that once successfully completed, leads to the attainment of Certification as a Certified Legal Nurse Consultant Specialist. You may view this program by accessing here: Legal Nurse Consultant Certification.

Suggested Readings

1. Always a Nurse: The Legal Nurse Consultant. Howland, Wendie.Nursing Administration Quarterly: January/March 2020 – Volume 44 – Issue 1 – p 71-73. access here. 

2. The Essentials of Expert Witnessing for the Radiology Nurse. Journal of Radiology Nursing. Vol 34(1);March 2015. access here.

3. Role of the Legal Nurse Consultant. The American Institute of Health Care Professionals, Inc. access here.

4. The Value of Legal Nurse Consultants in Medical Malpractice Claims. Patricia Pagels. Plunket & Cooney. Bloomfied Hills, MI. access here.

5. How To Become a Legal Nurse Consultant (Duties and FAQs). Ingrid Monteiro. Indeed. September 22, 2022. access here.

Medical Complaints in Healthcare

Posted on by Dominick Flarey

Physicians and medical professionals in healthcare can face discipline and lawsuit if they do not fulfill proper standard of care to a patient.  They can face malpractice but also medical complaints to overseeing boards.  It is hence extremely important for healthcare professionals to be aware of procedures when dealing with potential medical malpractice or even medical board complaints by patients.

Much can be done by simple transparency, procedure, proper channeling and oversight, but sometimes, mistakes can be made, or patients can be in the wrong looking to blame someone.  In this case legal support is needed.  Many legal teams have Legal Nurse Consultants who can also ensure proper procedure and standard of care was fulfilled.  It is hence extremely important if faced even with a medical complaint to find the proper representation to preserve one’s name and reputation within the medical profession and field.

A medical complaint can be a major headache but through professionalism and transparency they can be lessened. A good legal team and legal nurse consultant can help guide medical professionals from further reputation damage.

 

The article, “How to handle a medical board complaint” by Keith Loria looks closer at how to respond to a medical complaint.  He discusses the grave importance of taking it as serious as a malpractice suite and to follow the proper response protocol.  He highly recommends finding legal representation and aid in dealing with the issue but he also gives ways to prevent such instances from escalating through how patients are treated and procedures done in regards to providing information to the patient.  A well informed patient and a patient who is treated with respect and professionalism is far less to issue a complaint.  He states,

“Most physicians spend their sleepless nights worrying about malpractice lawsuits but not medical board complaints. However, a complaint to a medical board is a considerable challenge posing as much risk to a physician’s career as a malpractice case. Such a complaint often can be very trying and potentially damaging to one’s reputation. Some of the reasons behind medical board complaints involve a doctor’s code of ethics. Medical malpractice, misdiagnosis, failure to treat a patient and mismanaging a patient are common allegations in such complaints.”

“How to handle a medical board complaint”. Keith Loria. November 4, 2022. Medical Economics.

To review the entire article, please click here

Commentary

Medical complaints against professionals are a relatively common occurrence. In most cases, these complaints are filed against physicians or other medical professionals.  There are a number of reasons why patients may lodge medical complaints against professionals. In some cases, the patient may feel that they have been mistreated or that the quality of care they received was substandard. In other cases, the patient may be dissatisfied with the way their case was handled or with the outcome of their treatment. Whatever the reason, it is important to remember that medical complaints are serious matters and should be treated as such.

There are a few common medical complaints against professionals that patients typically make. These include issues with communication, bedside manner, and time management.
Patients often complain that their physicians do not communicate well with them. This can manifest as the physician not taking the time to explain things in layman’s terms, not listening to the patient’s concerns, or interrupting the patient during conversation. Another common complaint is that the physician has a poor bedside manner.

Preventing Complaints

The best way to prevent medical complaints against professionals is to follow a few simple guidelines. First, always maintain communication with your patients. This means keeping them updated on their condition and treatment plan, as well as answering any questions they may have. Second, document everything. Be sure to keep accurate and up-to-date records of all interactions with patients, as well as their medical histories. Finally, be responsive to any concerns or complaints that do arise.

Responding to Complaints

When seeking legal help to protect oneself against a medical complaint, it is important to first identify the source of the problem. Is the problem with the medical care that was received, or is the problem with the way in which the complaint was handled? Once the source of the problem has been identified, it is important to determine whether or not there is a legal basis for the complaint. If there is no legal basis for the complaint, then seeking legal help will not be necessary.

Many physicians will need to turn to a legal team with medical legal experts, such as legal nurse consultants to help defend.  The complaint is a serious issue and must be addressed.  Many times, healthcare professionals only see malpractice as a serious threat but complaints can also tarnish reputations.  It is hence important and critical to find legal help from legal professionals in defending oneself in such a complaint hearing before a medical board.

Conclusion

In conclusion, it is clear that there are many medical complaints against healthcare professionals. These complaints range from simple negligence to more serious issues such as sexual assault. It is important for patients to be aware of their rights and to know how to file a complaint if they feel that they have been wronged by a healthcare professional.

Regardless of the complaint or severity or even legitimacy, healthcare professionals need the guidance of an experience legal team with medical expertise and legal nurse consultants to aid in the hearing defense.  Legal nurse consultants help against medical complaints by providing knowledge and expertise in the healthcare field. They are an invaluable resource for investigating cases and providing testimony.  Their knowledge of both the medical and legal field makes them uniquely qualified to deal with these issues.

Please also review AIHCP’s Legal Nurse Consulting Program and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nursing.  Nurses are obviously the best candidates for this program.

Additional Resources

“Patient complaints in healthcare systems: a systematic review and coding taxonomy”. Tom W Reader, etc, al. BMJ Qual Saf. 2014 Aug; 23(8): 678–689.  National Library of Medicine.  Access here

“Medical Board Complaints from Hell: 6 Strategies for Surviving a Board Investigation”.  Medical Justice. September 1st, 2022.  Medical Justice. Access here

“Learning from complaints in healthcare: a realist review of academic literature, policy evidence and front-line insights”. Jackie van Dael, etc. al. Volume 29″ Issue 8. 2020. BMJ Journals.  Access here

“The nature of patient complaints: a resource for healthcare improvements”. Anna RÅBERUS, etc. al. International Journal for Quality in Health Care, Volume 31, Issue 7, August 2019, Pages 556–562,. Oxford Academic.  Access here

 

Legal Nursing and the Standard of Care

Posted on by Dominick Flarey

In Legal Nurse Consulting, the idea of the standard of care is critically important.   This standard is the defining linear line between negligence and proper care of a provider to a patient.  It provides the guidelines necessary to understand if a malpractice has occurred or not occurred.  Legal Nurse Consultants play a key role in defining this line within the practice of nursing and healthcare.  It is hence extremely important to understand this standard and its applications in cases where supposed malpractice may have occurred.

The article, “Standard Of Care: Legal Definition & Examples” by Christy Bieber and reviewed by Adam Ramirez looks more closer at these standards.  In the article, the definition of standard of care is clearly stated and how it applies to cases of potential malpractice.  The article also reviews what type of compensation individuals can receive in a malpractice case and how to proceed in such a filing.  The article states,

“In many cases, it is necessary to consult with experts in order to determine if a defendant fell below the standard of care. For example, if you are pursuing a case against a doctor for medical malpractice, you might need to present testimony from other medical professionals to establish what the standard of care was and to explain how the doctor fell short of fulfilling this duty and thus caused harm. An experienced medical malpractice lawyer can provide insight into proving a case. Your attorney can also help you to gather evidence and find expert witnesses who can testify on your behalf.”

“Standard Of Care: Legal Definition & Examples”. Christy Bieber. Forbes Advisor. October 10th, 2022.  To access the full article, click here

Legal Nurse Consultants play a key role in helping understand the standard of care in medical malpractice cases

Commentary

Legal nurse consulting (LNC) is a nursing specialty that provides support to lawyers and other legal professionals on cases involving health care. LNCs use their clinical knowledge and experience to help identify potential legal issues, gather and analyze medical records, and provide expert testimony.  Legal nurse consultants work with attorneys and other legal professionals to provide expert analysis and testimony on a variety of legal issues, including medical negligence, personal injury, and long-term care. As a legal nurse consultant, you will use your knowledge of the healthcare system to help attorneys understand complex medical issues.

The Standard of Care

In the legal profession, the standard of care is the watchword for determining whether a healthcare professional  has acted properly. The standard of care is defined as the degree of care and skill that a reasonable healthcare professional  would use in similar circumstances. This duty of care is owed to all clients, regardless of their level of sophistication or ability to pay.  In general, the standard of care requires that a person must be reasonably careful in order to avoid harming others.

The standard of care is the legal duty of all health care professionals to provide their patients with a certain level of care. This duty is based on the professional’s knowledge, skill, and judgment. The standard of care must be met in order to avoid liability for negligence. There are four elements to the standard of care: 1) the duty to act; 2) the standard of care; 3) causation; and 4) damages.

Malpractice

Medical malpractice is a type of negligence that occurs when a health care professional provides substandard care to a patient, resulting in injury or death. Although the standard of care varies by jurisdiction, it is generally defined as the type and level of care that a reasonably prudent health care professional would provide under similar circumstances. When a health care professional deviates from the standard of care and causes harm to a patient, he or she may be held liable for medical malpractice.

When filing a medical malpractice claim, there are a few things to keep in mind. First, you’ll need to file a complaint with the appropriate state agency. In most states, this is the Board of Medicine. You’ll also need to obtain copies of your medical records and any other relevant documentation. Once you have all of this information, you’ll need to meet with an experienced medical malpractice attorney to discuss your case.

Role of the Legal Nurse in Malpractice case

In a malpractice case, the legal nurse may be asked to review medical records and other documentation to help determine whether there was negligence on the part of the medical care provider. The legal nurse may also be asked to provide testimony in court about the case.  Overall and in more detail, a legal nurse reviews medical records, researches medical conditions and procedures, and provides guidance on the standard of care. In addition, they may  interview witnesses, collect and organize evidence, and assist with trial preparation. The goal is to help the attorney build a strong case on behalf of the client.  Legal Nurses may represent the healthcare professional or the patient suing for malpractice.

Conclusion

In conclusion, legal nurses are an important part of the healthcare team and play a vital role in ensuring the standard of care is met. They work closely with attorneys and insurance companies to investigate cases of malpractice and negligence.  The standard of care is important in protecting patients and ensuring that they receive the best possible treatment. It is also important in preventing medical negligence and malpractice.

Please also review AIHCP’s Legal Nurse Consulting Certification and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified nurses seeking a four year certification in Legal Nursing.  After completing the required four courses, a registered nurse can apply for the four year certification.

Additional Resources

The Standard of Care. Donna Vanderpool, MBA, JD. Innov Clin Neurosci. 2021 Jul-Sep; 18(7-9): 50–51.  Access here 

Understanding Standard of Care for Patients. Trisha Torrey. VeryWellHealth March 4th, 2020.  Access here

Medical malpractice. BASHIR MAMDANI. Indian Journal of Medical Ethics Vol I No 2 April–June 2004.  Access here

An Introduction to Medical Malpractice in the United States. B. Sonny Bal, MD, MBA. Clin Orthop Relat Res 2009 Feb; 467(2): 339–347.  Access here

 

 

Legal Nurse Consulting Blog on Malpractice Stats

Posted on by Dominick Flarey

Medical malpractice is an all too common reality for many Americans.  It can happen anywhere by any doctor.  Even best intentioned physician can sometimes make a mistake.  Due to this there are high rates of malpractice across the nation.  Some states have higher rates and certain fields have a higher percentage of error.  Legal Nurse Consultants working with firms have a strong understanding of national statistics and the norms of practice.  Please also review AIHCP’s Legal Nurse Consulting Program

The article, “Physician malpractice: 8 stats to know ” by Patsy Newitt looks closer at national statistics that individuals can review.  She states,

“Here are eight key statistics on physician malpractice, pulled from Medical Economics’ “2022 Physician Report,” WalletHub’s “2022 Best & Worst States for Doctors” and Medscape’s “2021 Physician Malpractice Report.”  Fifty-one percent of physicians and 77 percent of surgeons have been named in a malpractice lawsuit. ”

To read about the other statistics, please review the article by clicking here

Learn more about AIHCP’s Legal Nurse Consulting Program and see if it matches your academic and professional goals

 

Please also review AIHCP’s Legal Nurse Consulting Program and see if the program matches your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification as a Legal Nurse Consultant.

 

Legal Nurse Consulting Certification Article on Malpractice and Death

Posted on by Dominick Flarey

Malpractice due to misdiagnoses or late diagnoses is a big cause of death for patients.  A study showed that 1 in 3 misdiagnoses lead to death or permanent disability.   This points to the extreme importance of having a competent doctor and educating oneself.  It is important to be always be aware and seek second opinions if serious.   Legal Nurse Consultants may later play a key role in helping identify malpractice, but it is far better to be educated and aware when something may not be feeling right.  Please also review AIHCP’s Legal Nurse Consulting Certification

Medical error and malpractice can have deadly results. Please also review AIHCP’s Legal Nurse Consulting Certification and see if it meets your goals

 

The article, “1 in 3 misdiagnoses results in serious injury or death: study” by Jacqueline Renfrow looks at the dangers of misdiagnosis and looks at a variety of stats.  She states,

 

“The research, funded by the Society to Improve Diagnosis in Medicine, analyzed more than 55,000 malpractice claims from the Comparative Benchmarking System database. Of the diagnostic errors causing the most harm, 74.1% were attributed to just three categories—referred to in the paper as “The Big Three”: cancer (37.8%), vascular events (22.8%) and infection (13.5%).”

To read the entire article, please click here

Please also review AIHCP’s Legal Nurse Consulting Program and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nurse Consulting.

Legal Nurse Consultant Program Article on Malpractice Conditions

Posted on by Dominick Flarey

When being treated by a healthcare professional, individuals expect a certain standard of care and trust.  Unfortunately, sometimes, by accident, or through negligence, bad things can occur to the patient.  Patients have a right for compensation and malpractice cases arise.  Legal teams utilize Legal Nurse Consultants within their team to better address malpractice.  They serve an important function in testimony and investigation.  Please also review AIHCP’s Legal Nurse Consultant Program

Legal Nurse Consultants help with malpractice cases. Please also review AIHCP’s Legal Nurse Consultant Program

 

The article, “What to Do If You Think You’re a Victim of Medical Negligence” by Jessica Coates looks closer at the conditions for malpractice.  She states,

“Most people hope or expect to receive quality healthcare when they are ill or injured. Unfortunately, accidents do happen from time to time and sometimes they are a result of negligence from medical practitioners. A nurse, doctor, or even orderly can make a mistake that may cause a patient to become injured or ill. In some cases, complications from, say, a botched operation, may lead to permanent health damage or even the death of the patient.  If you or someone you loved has become ill, injured, or even died as a result of what you think is a case of medical ineptitude, then you should file a medical malpractice lawsuit as soon as possible”

To read the entire article, please click here

Please also review AIHCP’s Legal Nurse Consultant Program and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nurse Consulting.

Legal Nurse Consulting Certification Blog on Types of Malpractice

Posted on by Dominick Flarey

Mistakes occur and patients are deserving of compensation with medical malpractice occurs.  There are numerous different types of medical malpractice that can occur during care and treatment.  Legal Nurse Consultants help firms and patients find justice and have a thorough understanding of standard medical procedure as well as the process of malpractice cases.

Medical Malpractice can occur at anytime. Please also review AIHCP’s Legal Nurse Consulting program and see if it meets your goals

 

The article, “5 Kinds Of Medical Mistakes That Will Entitle You To Compensation” by Stan Martinez looks at the most 5 common types of medical mistakes.  He states,

“Everyone goes to hospitals and seeks professional help to receive the best treatment they deserve. However, you have to be watchful about the possible negligence that may happen to you from the diagnosis to treatment of your condition. When this happens to you or your loved ones, call a medical malpractice lawyer to help you receive proper compensation for all the damages you and your loved ones have sustained.”

To review the entire article, please click here

Please also review AIHCP’s Legal Nurse Consulting Certification and see if it meets your academic and professional goals.  The program is online and independent study and open to qualified professionals seeking a four year certification in Legal Nurse Consulting

Legal Nurse Consulting Certification Blog on Defensive Medicine

Posted on by Dominick Flarey

Many good intentioned physicians practice defensive medicine.  While it looks to protect a doctor from malpractice it can also lead to hindrances, annoyances and extra cost.  Extra tests and scans which are unneeded can be an end result.  Like everything there needs to be a balance in any practice and defensive medicine is not necessarily the answer to mistakes.  Instead good diagnosis and trust in oneself is key

Defensive medicine may have good intentions but it can also lead to malpractice. Please also review AIHCP’s Legal Nurse Consulting Program

 

The article, “Can defensive medicine lead to medical malpractice?” from the Augusta Free Press looks at what defensive medicine is and how it can possibly lead to bigger issues.  The article reads,

“Defensive medicine has been around since the mid-20th century. However, there has been a resurgence in recent years, and it is triggering a concurrent wave of medical malpractice lawsuits. When defensive medicine causes more harm to patients than good, it defeats its purpose. Injured victims may file a medical malpractice lawsuit for compensation.”

To read the entire article, please click here

Please also review AIHCP’s Legal Nurse Consulting Program and see if it matches your academic and professional goals.  The program is online and independent study and open to qualified professionals looking to earn a four year certification as a Legal Nurse Consultant.

Legal Nurse Consultant Article on Being Served a Lawsuite

Posted on by Dominick Flarey

No matter how well a healthcare professional trains, studies and prepares, there is always a chance for a malpractice suite against them.  Some may be well deserving, but many others may be victims of vindictive or confused individuals.   So despite, the years of study, the high student loans incurred and hard work building a practice, one must always be prepared for the inevitable malpractice.  This is why healthcare professionals have such high malpractice insurance rates and why costs are so high everywhere.   A healthcare professional must always be ready.  Any patient could be the next case against oneself.

The reality is throughout a 40 year career, most physicians spend 11 percent or 50.7 months of their time resolving malpractice cases.  In fact, by age 65, low risk practices have a 75 percent chance of litigation against them, while high risk practices have a 99 percent chance.  With these numbers, it is imperative to be prepared and to have an understanding how the malpractice process works.

Being served a lawsuit can be very stressful. It is important to be prepared for such things. Please also review AIHCP’s Legal Nurse Consulting Program and see if it matches your academic and professional goals

 

If served the dreaded letter of suite against one’s practice, it may seem unnerving.  One may question what one did or did not do, or wonder how this could ever happen.  Good physicians may feel hurt or betrayed or misunderstood.   While these feelings are natural, it is important to follow the process of defense.  One’s reputation and practice is on the line and one needs to protect this at all costs.

The first step is to contact one’s medical malpractice carrier.  This should be done immediately.  Within this structure, is yourself, the claim professional and your defense attorney.

The second step is to build a defense.  Building the defense is key and one might be surprised to discover that a malpractice attorney already has some insight into what is occurring.  It is important to supply the defense attorney with all the necessary information on the case, the patient and notes regarding the case.

Third, realize that the case will take time.  Usually cases can last anywhere from 2 to 5 years.  Furthermore, the case probably is originating from a patient or service rendered a few years prior.  There will be periods of activity but also periods of inactivity, so remain calm and continue to supply excellent care to your patients.  Rest assured, your malpractice attorney is on top of things.  If need be, contact him or her if questions or worries arise.

Fourth, it is important to understand the strategy of the plaintiff.  You will not be able to explain to them what occurred and those explanations are best left for trial.  It is important to not only know one’s own strategies but also the other side’s strategies.  Be well versed on their own experts and opinions on procedure.  This will heighten your own defense.

Fifth, become fully engaged in your own defense.  It is critical to study your own dispositions, possible questions and expertise on procedure.  Coaching may be needed.  Coaches can help one better at trial during disposition.  Stress Management may also be necessary.  It is a very stressful period and it is important to remain calm prior and during trial.

Ultimately, malpractice cases eventually occur and one needs to be prepared when they do.  By being calm, knowledgeable, and professional throughout the process, one can overcome most cases that have no basis or legal ground.   One can protect oneself by keeping good records, following good standards and by giving the best care one can possibly provide.  Communication and good social interaction with patients is key in forming good bonds with patient and caregiver and this can go a long way in preventing foolish and unnecessary claims from occurring.  Bedside manner does go a long way, especially for a good physician with good skills.  Individuals are more receptive to physicians who take time to talk and build a friendship.  Good doctors who explain and care can limit unnecessary confusion and bitterness for something that is not their fault.

 

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By completing the four core courses, one can proceed to a four year certification.

 

Sources

The Doctor’s Company, “You’ve Been Served: Lawsuit Survival Tips for Physicians”.  Please click here