The Operation Was a Success but The Patient Died: Sleep Apnea and Post-Operative Hypoxias
Since the mid-1990’s the medical literature has reflected a growing awareness of the risks of post-operative pain medications in a patient with sleep apnea (obstructive sleep apnea or obstructive airway syndrome). In patients with obstructive sleep apnea, the airway completely or partially occludes during sleep despite respiratory effort. Arousal from sleep temporarily reopens the upper airway, but falling back asleep may close it and start the process of airway closure and arousal again.
When One or the Other Means Both
In some cases, even when it is clear that a health care provider was at fault, it can be challenging to prove which provider it was and how much worse the error made the patient. In this case, it was necessary to convince two different providers to contribute toward a settlement based on the risk that each might be the one found to be responsible and that the negligent act resulted in the patient’s death 6-1/2 months later.
Preexisting Conditions: How to Deal with Them at Trial
Medical standards are involved in determining when a surgical patient needs medications to prevent the development of deep vein thrombosis (clots in the legs) and in monitoring the medications after surgery. The article outlines the legal issues involved in a claim arising from negligent treatment that leads to deep vein thrombosis.
How to Handle Causation in Birth Asphyxia Cases
This article discusses the complex medical and legal issues involved in determining whether there is a causative relationship between the events before and during a birth and the outcome of a severely injured baby.
Finding and Empowering Expert Witnesses
This paper outlines practical suggestions for dealing with expert witnesses in medical negligence cases and most personal injury cases. Suggestions are offered for ways of locating and retaining credible experts, what to send them, preparing them for their depositions, and developing trial testimony.
Using Lay Witnesses to Maximize Damages
This paper discusses the use of lay witnesses (friends, neighbors, and family) at trial to allow a jury to better understand the impact of an injury on a claimant.
A New Standard of Care for Cardiac Cases
Cardiac enzyme testing is currently relied on to help rule out a cardiac explanation for symptoms that may represent acute cardiac syndrome. This article is a sequel to “A Fatal Standard of Care for Heart Attack Victims?”
Handling Deep Vein Thrombosis and Pulmonary Emboli Cases
Deep vein thrombosis (DVT or clots) is a common problem occurring after certain kinds of surgeries. This article analyzes claims based on deep vein thrombosis and pulmonary emboli (resulting from the clots), including the type of claim that may arise, how to determine negligence, what kinds of experts are needed, and damages that may occur in such cases.
Hospital Agency for Non-Employee Negligence
With the advent of managed care and a constantly changing ownership structure for many health care providers, it is difficult to know who should be included as a defendant in a medical negligence case. This article outlines the legal basis for asserting liability of a hospital for negligence of those working in the hospital, such as emergency room physicians, radiologists, and laboratory personnel regardless of the “employee” or “contractor” label applied.
Four Discovery Issues in Medical Negligence Cases
The four specific issues relating to discovery or admissibility of evidence in medical negligence cases are: 1. Communications with potential defendant health care providers within their group or employer’s practice; 2. Securing and presenting evidence on prior misdeeds by health care providers in hospital negligence claims; 3. Inadequate disclosure relating to expert witnesses; and 4. Use of contention interrogatories. Each is discussed.
