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The Regan Report on Medical Law articles from June 1997
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The Regan Report on Medical Law archives from June 1997
Comparative negligence defense must be pleaded & proven.
June 1, 1997... IN THIS EXTRAORDINARY TENNESSEE CASE AN ORTHOPEDIC SURGEON CONVINCED A JUDGE AND JURY THAT HIS PATIENT'S INJURY WAS DUE TO THE COMPARATIVE NEGLIGENCE OF OTHERS. When the plaintiff appealed, the Federal Courts in Tennessee were confronted with the...
Sponges left in patient: suit for "fraudulent concealment."
June 1, 1997... CASE ON POINT: Robinson v. Shah 936 P. 2d 784 - KS (1997)
ISSUE: Ordinarily a statute of limitations is a bar to a cause of action for medical malpractice. If suit is not filed within the prescribed period of time a plaintiff who is a victim of...
The risks of prescribing medication before test results are in.
June 1, 1997... CASE ON POINT: Alex v. Dr. 692 So. 2d 499 - LA (1997)
ISSUE: Whenever a physician prescribes medication based on a tentative diagnosis pending test results, he runs the risk that his tentative diagnosis may not be accurate. If it can be proven...