As the managing partner of Healthcare Litigation Support and (after our name change) Vident Partners, I’ve had the opportunity to assist in hundreds of medical malpractice cases. I’ve provided expert witnesses to attorneys from large and small firms, both plaintiff and defense, throughout the United States as well as Canada and the U.S. Virgin Islands. I don’t claim to be an expert on medical malpractice law, but I’m experienced enough to understand why these litigations begin, how they proceed, and how they resolve.
Vident Partners was founded as Healthcare Litigation Support in 2005. We originally focused on providing experts for medical malpractice and other personal injury litigation. Our consulting experts and expert witnesses were specialists in medicine, pharmacology, biomedical engineering, health care administration and operations, and other healthcare-related fields. Stewart v.
Article 1, Section 11 of the Pennsylvania Constitution states: “All courts shall be open; and every man for an injury done him in his lands, goods, person or reputation shall have a remedy by due course of law….” In Yanakos v.
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.
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.
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.
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:
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.
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
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