Shoulder Dystocia and the Duty of Informed Consent

Initially published in Medical Malpractice Law and Strategy Vol. 29, Number 6, March 1, 2012 Shoulder dystocia is a birth complicated by a failure to deliver the fetal shoulders through gentle downward traction on the fetal head. It poses an obstetric emergency, and...

To Err is Human, But This is Something Else

In November 1999, the Institute of Medicine (IOM), a branch of the National Academy of Sciences, published a study declaring that a threshold improvement in the quality of health care was urgently needed because medical negligence committed in hospitals in the United...

The Relevance of Never Events in Medical Malpractice Litigation

Excerpted from “Never Events in Medical Malpractice Litigation,” September 2010, Vol. 27, No.126. Medical Malpractice Law & Strategy. By John Ratkowitz and Robert Sanfilipo The National Quality Forum is a nonprofit organization which aspires to set priorities and...

In-Hospital Falls | NJ Medical Lawyer

According to the Centers for Disease Control and Prevention (CDC), each year one in every three “older adults” (65 years and older) falls. Centers or Disease Control and Prevention, Falls Among Older Adults: An Overview. According to the CDC’s report, in 2010,...

The Role of Informed Consent In Defensive Medicine

Those who advocate tort reform often point to the problem of defensive medicine as a justification to limit the right of redress of victims of medical malpractice. The argument is that the “pervasiveness of malpractice litigation” causes health care providers to...

Medical Malpractice – Winning the Expert Shell Game

Dealing with defense expert testimony consumes more resources than any other aspect of a medical malpractice case. Nevertheless, if a medical malpractice case has merit and is effectively prepared, inroads into the defense expert’s position should inevitably be made...

What is my medical malpractice case worth?

When a prospective client first calls to discuss whether he has a medical malpractice case I have to make a preliminary decision about the potential value of the case. Obviously, questions about the value of a malpractice case also come up at the tail end of a...