America's healthcare system has been no stranger to controversy over the years.  A large piece of the current debate pertains to the cost of healthcare – with the finger often pointed at the rising expense of emergency medicine and unnecessary treatments.  One of the goals of the new healthcare overhaul is to lessen this burden with more access to primary care physicians.  Another proposed solution is to make patients front the [...]

Congress enacted the Emergency Medical Treatment and Labor Act (“EMTALA”) in 1996 in response to claims that hospital emergency rooms were refusing to treat patients with emergency conditions but no medical insurance.  EMTALA imposes duties on covered facilities, hospitals which accept Medicare funding with an emergent care department, to: (a) provide an “appropriate medical screening examination” for those who come to an emergency room seeking treatment, and (b) provide, in [...]

A new study published by the Journal BMJ Quality and Safety sought to characterize the frequency, health outcomes, and economic consequences of medical malpractice claims within the United States.  The study’s authors analyzed closed, paid malpractice claims from the National Practitioner Bank, with claims dating back to 1986.  In total, 350,706 paid claims were analyzed.  Errors in diagnosis accounted for the most medical malpractice claims with 28.6% of paid medical [...]

With all of the recent cruise ship debacles, I was reminded of a doctrine often applied in malpractice cases informally referred to as the "Captain of the Ship" doctrine.  This doctrine suggests that a surgeon has the ultimate responsibility for the care of the patient, and has a non-delegable duty to ensure that proper care is given while in the operating room.  Simply put, the physician is the captain of the ship during the operation being performed [...]

"Eyes and ears are poor witnesses when the soul is barbarous."  This is the quote that stares down at those presenting oral argument before the Nebraska Supreme Court.  In a dimly lit room, with wood paneled ceiling, concrete walls, seemingly ancient tapestries, and seven learned judges just waiting for their opportunity to test the merits of a position, this quote completes the ambience of this hall of higher jurisprudence. In [...]