About Denise M. Destache

Denise Destache is a partner of Lamson Dugan & Murray, and has been with the firm since 2004. With a background in both nursing and the law, her primary practice areas include medical malpractice defense and health care law.
3 Oct, 2022

How Private is Your Cell Phone Usage Once a Malpractice Case is Filed?

2022-10-03T18:39:38-05:00October 3rd, 2022|LDM MedMal Forum|

According to recent studies, most physicians and other health care providers (HCPs) use smartphones at work for a variety of purposes.  These include accessing electronic health records, communicating with patients and other HCPs, managing their schedules, viewing live monitoring data from remote locations, and consulting with apps downloaded to provide drug, diagnostic, and treatment information…in addition to using them for personal communication.  As a result, boundaries between professional and personal [...]

13 Jul, 2022

Beware the Risk of the “Lapsed” License in Professional Licensure Actions

2022-07-13T09:20:30-05:00July 13th, 2022|LDM MedMal Forum|

Despite practicing in only one state, many physicians maintain licenses to practice in multiple states.  Some maintain active licenses in states where they no longer practice just in case they decide to return at some time in the future.  Others allow the licenses to lapse and become inactive, having no intention of practicing in the former state again.  Physicians holding more than one medical license, whether active or inactive, should [...]

2 May, 2022

The Criminal Prosecution of Medical Errors: Where Transparency Meets Self-Incrimination

2022-05-02T07:07:25-05:00May 2nd, 2022|LDM MedMal Forum|

They say the truth will set you free, but one nurse who told the truth about a medication error she committed in 2017 now faces up to 8 years in jail.  On March 25, 2022, following a 3-day trial, RaDonda Vaught, a former nurse at Vanderbilt University Medical Center (VUMC), was found guilty of gross neglect and negligent homicide of 75-year-old Charlene Murphey.  Murphey died as the result of Vaught administering a [...]

10 May, 2013

The Quality Improvement/Peer Review Privilege: It’s Not Automatic

2018-04-24T00:10:53-05:00May 10th, 2013|Health Care Law, Midwest Medical Legal Advisor, Privileges|

The need for Quality Improvement and Peer Review Activities to remain confidential and to be protected from discovery in a lawsuit has long been recognized.   Historically, Nebraska’s quality and peer review statutes have provided very limited privilege protection.  Many hospitals performed quality and peer review activities that staff and administrators believed to be privileged but likely were not.  In 2011, the Nebraska Legislature passed The Health Care Quality Improvement Act [...]

30 Apr, 2013

Hospital Policies: Will They be a Burden or a Benefit to You in Litigation?

2018-04-24T00:10:53-05:00April 30th, 2013|Health Care Law, Medical Malpractice, Midwest Medical Legal Advisor, Risk Management|

Hospital policies are adopted for the purpose of providing a safe environment and quality care to patients.  They are also adopted as a means of preventing liability.  It is becoming increasingly common, however, for policies to be used against health care facilities and providers when litigation arises.  By applying a literal interpretation to a policy that does not provide any flexibility in its terms, the plaintiff is able to argue [...]

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