The Regan Report on Medical Law articles from May 1999

The Regan Report on Medical Law archives from May 1999

Is 30% Loss of Chance of Survival Actionable?
May 1, 1999... IS A LOSS OF 30% OF THE CHANCE OF SURVIVAL SUFFICIENT TO SUSTAIN A CLAIM FOR MEDICAL MALPRACTICE? That was the issue with which the courts were confronted in this Virginia case after a patient died of a ruptured iliac aneurysm after treatment...

`Learned Treatises' Cannot be Used as Substantive Evidence.
May 1, 1999... CASE ON POINT: Courtney v. Taylor, 708 N.E.2d 1053 - OH (1998) ISSUE: Can Learned Treatises be used as substantive evidence? Generally, the answer is no! However in this Ohio case clever defense counsel took a circuitous route to attempt to...

KS: Pt. Refuses to Post "Deposit" For Panel: Court Cannot Order "Prepayment" for Panel.
May 1, 1999... CASE FACTS: Sidney Johnson filed a petition for the appointment of a medical malpractice screening panel under Kansas law. The respondents were Praveen Mehata, M.D., and St. Joseph Hospital and another party. The District Court, Cloud County,...

AL: Insurer Pays in Excess of Policy Limits: Dr.'s Suit Against Insurer for "Outrage" Fails.
May 1, 1999... CASE FACTS: On November 18, 1996, Dr. Owen Evans, an obstetrician/gynecologist, performed an elective abortion on an 18-year-old girl. The girl died six days after the procedure, from a hemorrhage. Dr. Evans was sued in a wrongful-death action...

Sixty Day Suspension for Participation in Euthanasia.
May 1, 1999... CASE ON POINT: Gallant v. Board of Medical Examiners, 974 P.2d 814 - OR (1999) ISSUE: Did the physician in this case participate in a "mercy killing?" Had he been an active participant in euthanasia? Had he committed an "unprofessional or...