Blog - Medical Malpractice

Posted on September 10, 2019 by Marty Aisenberg

The case is Ashland Hospital Corp. v. Lewis, http://opinions.kycourts.net/sc/2018-SC-000276-DG.pdf (8/29/2019).  The defendant, an interventional radiologist, performed a cerebral angiogram to assist in diagnosing the cause of the plaintiff’s chronic headaches.  A recovery room nurse told the defendant that the plaintiff was complaining of headache and scotoma (spots in his field of vision).  These symptoms may indicate a stroke, but they also are not uncommon after a cerebral angiogram.

Posted on June 25, 2019 by Marty Aisenberg

The Kansas Supreme Court recently struck down a $250,000 statutory cap on noneconomic damages in all personal injury cases, holding that the statute violated the right to a jury trial guaranteed by the Kansas Constitution.  Hilburn v. Enerpipe, http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2019/20190614/112765.pdf (6/14/2019).  In doing so, the court reversed a 7-year-old precedent, Miller v.

Posted on May 16, 2019 by Peter George

Vident Partners provides medical malpractice experts to both plaintiff and defense attorneys.  And over the 15 years that we’ve been in business we’ve seen a wide variety of issues, most of which we’ve been able to service with skilled, on-point experts.  But a recent article by Dr.

Posted on May 7, 2019 by Marty Aisenberg

In Azmat v. Bauer, http://opinions.kycourts.net/sc/2016-SC-000560-DG.pdf, the Kentucky Supreme Court addressed an unusual but interesting issue concerning the unauthorized practice of law in the “next friend” context. 

The full caption of the case is Sameena Azmat, as Mother and Next Friend of Nausher Azmat v. George W. Bauer, MD et al.  The court explained this type of lawsuit as follows:

Posted on March 12, 2019 by Marty Aisenberg

This case points up the extreme care and attention to detail that a plaintiff’s attorney must exercise in reviewing an expert’s affidavit in opposition to summary judgment.  The case is Fernandez v. Alexander (Calif. Ct.

Posted on March 7, 2019 by Marty Aisenberg

In a previous post I discussed negligent credentialing, a theory of recovery that enables a patient to hold a hospital liable for injuries caused by an independent contractor physician.  This is not vicarious liability – that is, the hospital is not liable for the physician’s negligence merely because the physician breached the standard of care in a particular case.  Rather, the hospital is directly liable for its own negligence if the physician is so manifestly incompetent or unqualified that the hospital should not have given him or her staff privileges, because in those circumstances it

Posted on March 5, 2019 by Marty Aisenberg

Under the ancient common law doctrine of respondeat superior, a hospital is liable for the negligence of a physician who is an employee of the hospital, but is not liable for the negligence of an independent physician who has staff privileges to practice at the hospital, i.e., an independent contractor.  However, a hospital can be liable if it should not have granted staff privileges to the independent physician in the first place.  This theory of direct hospital liability, called negligent credentialing, is recognized in more than 30 states.  The Missouri Supreme Court ha

Posted on February 7, 2019 by Marty Aisenberg

As I mentioned in a previous post, almost all of the states have enacted a variety of laws that treat medical malpractice cases differently from all other torts.  “Medical malpractice reform proponents argue that tort reforms – such as limiting malpractice awards, tightening statutes of limitations for filing claims and screening cases before they go to trial – not only reduce overall medical care spending, but also increase access to care.

Posted on January 29, 2019 by Marty Aisenberg

In response to skyrocketing medical malpractice insurance premiums in the 1970s and 80s, states began enacting a variety of “tort reform” laws that treat medical malpractice differently from all other torts.

Posted on January 8, 2019 by Peter George

As an expert witness referral service, we provide experts in all fields of specialization for all types of litigation.  One of the core areas of litigation that we are involved with is medical malpractice.

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