Hospitals Archives - The Thompson Law Firm https://thethompsonlawfirm.net/category/hospitals/ Fort Myers Florida Trial Attorney Tue, 02 Apr 2024 17:36:21 +0000 en-US hourly 1 More Patients Are Losing Their Doctors — And Trust in the Primary Care System https://thethompsonlawfirm.net/more-patients-are-losing-their-doctors-and-trust-in-the-primary-care-system/ Tue, 02 Apr 2024 17:36:21 +0000 https://thethompsonlawfirm.net/?p=23796 I would add that people I see in my practice have lost their faith in health care, particularly the large institutions – like insurance groups and health systems. “The American Medical Association’s president, Jesse Ehrenfeld, recently called the physician shortage a “public health crisis.”” Here is the link to the story in Kaiser. More Patients […]

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]]> I would add that people I see in my practice have lost their faith in health care, particularly the large institutions – like insurance groups and health systems.

“The American Medical Association’s president, Jesse Ehrenfeld, recently called the physician shortage a “public health crisis.””

Here is the link to the story in Kaiser.

More Patients Are Losing Their Doctors — And Trust in the Primary Care System

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]]> Hospital Settles Missing Tumor Suit After Admitting It Can’t Find It https://thethompsonlawfirm.net/hospital-settles-missing-tumor-suit-after-admitting-it-cant-find-it/ Wed, 06 Mar 2024 15:07:47 +0000 https://thethompsonlawfirm.net/?p=23752 I have handled cases where records and reports went missing after the fact, but I can’t remember a case where the hospital lost tissue before it could be tested or reviewed. According to the lawsuit, Morton-Maxson had a family history of bladder cancer and doctors noted the growth was “likely cancer.” But UW “lost the […]

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]]> I have handled cases where records and reports went missing after the fact, but I can’t remember a case where the hospital lost tissue before it could be tested or reviewed.

According to the lawsuit, Morton-Maxson had a family history of bladder cancer and doctors noted the growth was “likely cancer.” But UW “lost the surgically removed tumor prior to conducting the requisite pathological review and left plaintiff without a clear diagnostic or care plan,” the complaint stated.

Read more at: https://www.law360.com/articles/1808991?e_id=e4cf434f-bdad-44b4-85d2-994f5bf03cea&utm_source=engagement-alerts&utm_medium=email&utm_campaign=similar_articles?copied=1

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]]> Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer https://thethompsonlawfirm.net/jury-awards-30m-to-family-of-23-year-old-who-died-from-ulcer/ Tue, 20 Feb 2024 14:31:46 +0000 https://thethompsonlawfirm.net/?p=23692 You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> You don’t often hear about the frivolous and stubborn defenses that anger juries.

David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> As The US Healthcare System Consolidates Into Corporate Silos, Doctors Unionize https://thethompsonlawfirm.net/as-the-us-healthcare-system-consolidates-into-corporate-silos-doctors-unionize/ Tue, 02 Jan 2024 15:35:44 +0000 https://thethompsonlawfirm.net/?p=23614 The link is here US Doctors Unionizing

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]]> The link is here

US Doctors Unionizing

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]]> Who’s In Charge? https://thethompsonlawfirm.net/23574-2/ Thu, 21 Dec 2023 15:51:18 +0000 https://thethompsonlawfirm.net/?p=23574 In every investigation involving medical malpractice issues, in addition to the medical research and deep dive into the medical records, I endeavor to find out everything I can about the background of the health care providers involved at every level in my client’s care and treatment. For this very reason: Lee’s family successfully argued that […]

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]]> In every investigation involving medical malpractice issues, in addition to the medical research and deep dive into the medical records, I endeavor to find out everything I can about the background of the health care providers involved at every level in my client’s care and treatment. For this very reason:

Lee’s family successfully argued that inexperienced doctors on call at the hospital waited three hours before removing the clot from a major artery, leading to brain damage, according to Lee’s attorneys with Gair Gair Conason Rubinowitz Bloom Hershenhorn Steigman & Mackauf, who said the verdict is the largest award ever in a medical malpractice case in Westchester County.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1779270?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-12-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

In many cases, the front-line providers use inexperienced providers as a shield to hold themselves at a remove from patient care. Frequently, the experienced providers will blame the inexperienced providers with not sharing important information. This often results in substandard or negligent care and treatment.

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]]> This Privilege Ruling Reminds Me Of Our Charles v. Baptist Hospital Case https://thethompsonlawfirm.net/this-privilege-ruling-reminds-me-of-our-charles-v-baptist-hospital-case/ Tue, 19 Dec 2023 15:47:53 +0000 https://thethompsonlawfirm.net/?p=23564 Hospitals try to conceal every report of adverse incidents, even when they know better. I litigated this issue here in Florida successfully. Here is the link to that story: Charles v. Baptist – A Landmark Decision. In this Pennsylvania case, things were a little more clear. Central to the appeal is text of the MCARE Act […]

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]]> Hospitals try to conceal every report of adverse incidents, even when they know better. I litigated this issue here in Florida successfully. Here is the link to that story: Charles v. Baptist – A Landmark Decision.

In this Pennsylvania case, things were a little more clear.

Central to the appeal is text of the MCARE Act that protects as privilege documents that arise “out of matters reviewed by the patient safety committee,” and while the hospital conceded that the safety committee did not review the documents, it argued the law does not require the documents actually be reviewed, but just that they be documents that would typically be reviewed by the committee.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1777854?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-12-19&read_main=1&nlsidx=0&nlaidx=5?copied=1

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]]> A major victory for Maya’s family, their lawyers, and patients everywhere. I cannot overstate how impressive this work is under difficult circumstances. https://thethompsonlawfirm.net/a-major-victory-for-mayas-family-their-lawyers-and-patients-everywhere-i-cannot-overstate-how-impressive-this-work-is-under-difficult-circumstances/ Mon, 13 Nov 2023 15:10:30 +0000 https://thethompsonlawfirm.net/?p=23470 A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life. Read […]

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A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1739675?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-13&read_main=1&nlsidx=0&nlaidx=0?copied=1

I have been following this case and blogged about it

here (“A Difficult Case”), 

here  (“I Was Afraid This Would Happen”), and    

here (Juror Questions).

Medical malpractice cases are difficult on their own. When you add novel issues regarding damages and liability, they can become overwhelming. In addition, this case was tried in a jurisdiction considered by most trial lawyer to be relatively conservative.

I tackled similar issues in a neighboring county. You can read the results of that successful appeal

here (Estate of Thomas versus Lee Memorial Health System).

I have nothing but complete admiration for Maya’s family and their legal team for this brilliant result and wish the best for them during the inevitable appeal.

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]]> Peer Review Privilege is Boken: we’re going to keep chipping away state by state https://thethompsonlawfirm.net/peer-review-privilege-is-boken-were-going-to-keep-chipping-away-state-by-state/ Thu, 21 Sep 2023 16:15:18 +0000 https://thethompsonlawfirm.net/?p=23251 #QualityFraud A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> #QualityFraud

A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1

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]]> Med Mal Presuit Rules Can Be A Trap https://thethompsonlawfirm.net/med-mal-presuit-rules-can-be-a-trap/ Tue, 19 Sep 2023 14:28:55 +0000 https://thethompsonlawfirm.net/?p=23234 Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves […]

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]]> Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves a claim by the defense that the procedures were not properly followed. This results in an unbelievable amount of litigation, appeal, and court docket crowding.

Texas is one of those states. Recently their Supreme Court had to overturn an appellate court ruling that ruined a legitimate action for years – all because the Appellate court accepted quibbling over the language of the expert reports confirming the merit of the case.

The appeals court faulted the two reports for not including enough details about how Kenmar should have changed Uriegas’ care plan, monitored his condition after the first fall or the specific interventions the facility and its nurses should have implemented, according to court documents.

 

Choose your lawyer carefully.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1722343?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-18&read_main=1&nlsidx=0&nlaidx=4?copied=1

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]]> Discovery of Hospital Incident Reporting and Peer Review Privilege https://thethompsonlawfirm.net/23211-2/ Fri, 15 Sep 2023 14:26:28 +0000 https://thethompsonlawfirm.net/?p=23211 I have had cases like the one below with both anonymous and signed reports removed from medical charts. In one case, a doctor met me in a restaurant across the street from the hospital and delivered to me his copy of a report that had been removed from the patient’s chart. I have also been […]

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]]> I have had cases like the one below with both anonymous and signed reports removed from medical charts. In one case, a doctor met me in a restaurant across the street from the hospital and delivered to me his copy of a report that had been removed from the patient’s chart. I have also been involved in cases challenging peer review privileges asserted by Hospitals. I have even secured a court order compelling a Hospital to produce JCAHO sentinel event reports. These are extraordinarily difficult issues to litigate – factually and legally. They require patience, resources, experience, and – most importantly – persistence.

This Pennsylvania case in the news today made me think of the hard work required by trial lawyers.

A Pennsylvania Superior Court panel on Thursday told a University of Pittsburgh hospital that it must make an effort to identify the author of an anonymous report regarding the treatment of a patient who died, saying the whistleblower protections of the state’s Medical Care Availability and Reduction of Error Act don’t block the hospital from revealing the author’s identity.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1721860?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-15&read_main=1&nlsidx=0&nlaidx=3?copied=1

Click here to view the Supreme Court’s ruling in our case, Charles v. Baptist Hospital on peer review privileges.

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