| Wrongful Birth |
|
| Wrongful Birth More... |
|
|
| Nursing Home Litigation Crisis |
|
| Nursing Home Litigation Crisis More... |
|
|
| Medical Malpractice Actions under the Federal Tort Claims Act |
|
| Generally, there is a waiver of liability for the malpractice committed by employees of the United States government pursuant to the Federal Tort Claims Act (FTCA). The government is substituted for the physician as a party in medical malpractice actions, and the remedy against the government is exclusive. The federal courts have sole jurisdiction in cases under the FTCA, and a judge without a jury tries them. More... |
|
|
| The Emergency Medical Treatment and Active Labor Act |
|
| The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law enacted in 1986 to stop the practice of "patient dumping," or turning patients away from emergency rooms based on their lack of ability to pay. Under EMTALA, any hospital that has an emergency room and that receives federal funding must provide any individual coming to its premises with a medical screening examination to determine if an emergency condition or active pregnancy labor exists. If so, the hospital is required to stabilize the patient's condition prior to transferring the patient to another facility, subject to a few narrowly defined exemptions. The transfer must be appropriate and meet certain conditions. More... |
|
|
| Failure to Properly Read X-rays |
|
| Certain policies adopted by hospitals concerning diagnostic studies made in an emergency room setting may lead to malpractice claims against the institution. Frequently, a treating physician orders an x-ray, a CAT scan, or an MRI for a patient who has presented himself or herself in the emergency room. If the hospital's policy permits the treating physician to read the diagnostic test, the patient may be discharged if the reading is interpreted by the emergency room physician as negative. As a general rule, the x-ray or other test is usually later reviewed by a radiologist. If this radiologist disagrees with the interpretation made by the emergency room physician, the patient should be notified and instructed to return to the hospital. However, what happens if the hospital is unable to locate the discharged patient or if the problem has substantially worsened without treatment? A potential malpractice action. More... |
|
|