Valleywide Legal Blog

“Blame The Patient”

“Blame the patient” is Play #2 in the medical malpractice defense lawyer’s playbook.  Play #1, of course, is “Deny, deny, deny.”  “Blame the patient” is #2 because it is so effective.  It plays into the human nature of the members … Read More

Posted in disclosure of medical mistakes, Doctors, heart attack, Hospital Negligence, Hospitals, Lawsuits, medical errors, Medical Malpractice, medical malpractice cases, medical mistakes, Medical Negligence, Medication Errors, plaintiff, Prescription Errors, trial |

Medication Errors Are A Persistent Problem.

Medication errors can and do kill and injure patients in hospitals, outpatient clinics and as a result of doctor ordered prescriptions.  There are literally thousands of medications, which can be prescribed for patient use.  Many have confusing names.  Many have … Read More

Posted in Doctors, Hospitals, Lawsuits, medical errors, Medical Malpractice, medical mistakes, Medication Errors, Pharmacies, Pharmacy Malpractice |

The Electronic Medical Record.

One of the requirements of federal law is that hospital records be recorded electronically.  The requirement for electronic medical records (“EMR”) has a number of justifications, including portability.  Patients are entitled to have a copy of their medical records.  When … Read More

Posted in Doctors, electronic medical records, Health Care Costs, Hospitals, Lawsuits, medical charts, Medical Costs, medical errors, Medical Malpractice, medical malpractice lawyers, medical mistakes, Medication Errors, Nurses, Prescription Errors |

Lots of Malpractice Out There.

I have spoken to or reviewed records for thousands of patients over the years I have been representing people injured by medical malpractice.  I have also read a lot of articles about the incidence of medical malpractice.  I can say … Read More

Posted in Doctors, electronic medical records, Hospital Negligence, Hospitals, Lawsuits, medical charts, medical errors, Medical Malpractice, medical malpractice cases, medical mistakes, Medical Negligence, Medication Errors, Nurses |

Why More Pharmacy Malpractice?

Last week I blogged about how to protect yourself from pharmacy malpractice and remarked that instances of pharmacy malpractice were increasing.  The current situation was discussed at length in a New York Times investigation. The days of the corner Mom … Read More

Posted in disclosure of medical mistakes, medical errors, Medication Errors, Pharmacies, Pharmacy Malpractice, Secrecy |

Malpractice at the Pharmacy

We don’t normally think of danger or risk when we go to have a prescription filled at our local pharmacy.  Maybe that should change.  For a number of reasons, the risk of a misfilled prescription is increasing. There are lots … Read More

Posted in Medication Errors, Pharmacies, Pharmacy Malpractice |

“The Computer Will See You Now.”

Artificial intelligence is reshaping the world and medicine is one of the areas in which it is changing things rapidly with much more to come. Dr. Eric Topol wears many hats.  He is a cardiologist, a professor of genomics, director … Read More

Posted in Doctors, Health Care Costs, Hospitals, medical charts, Medical Costs, medical errors, Medical Malpractice, medical mistakes, Medical Negligence, Medication Errors, science news, Secrecy |

Incidence of Malpractice in Long-Term-Care Hospitals.

Unbiased information about medical malpractice is often hard to come by.  As I have discussed from time to time, there is a veil of secrecy that surrounds malpractice events and claims.  Doctors and hospitals don’t want to admit they make … Read More

Posted in disclosure of medical mistakes, Doctors, health, Health Care Costs, Hospital Negligence, Hospitals, Medical Costs, medical errors, Medical Malpractice, medical mistakes, Medical Negligence, Medicare, Medication Errors, Nurses, Secrecy |

Medical Malpractice and Off-Label Use.

Off-label use is the use of a medication or a medical device for a purpose other than the purpose the Food and Drug Administration has approved for it.  Doctors sometimes prescribe a medication originally developed to treat one medical condition … Read More

Posted in Doctors, drug companies, Informed Consent, Lawsuits, Medical Devices, medical errors, Medical Malpractice, medical malpractice cases, medical mistakes, Medical Negligence, medical research, Medication Errors, Orthopedics, plaintiff, Secrecy |

What Is The Most Common Form of Malpractice?

I am often asked what is the most common form of medical malpractice.  Well, now we don’t need to rely on my opinion.  We have an answer based on over 20 years of malpractice suits and payments. In 1986, Congress … Read More

Posted in Doctors, Lawsuits, medical errors, Medical Malpractice, medical malpractice cases, medical malpractice claims, medical mistakes, Medical Negligence, Medication Errors, robotic surgery, Surgical Errors |