LDM MedMal Forum
Governor Reynolds Calls for Hard Cap on Medical Malpractice Damages as Iowa Legislative Session Begins
Legislators, lobbyists, and laws – Oh my! Iowa’s 2023 Legislative Session kicked off on January 10, 2023, with Governor Kim Reynolds’ Condition of the State Address. This address marks Iowa’s ceremonial start to its legislative session each year. In her address, Governor Reynolds informed Iowans about her priorities for [...]
The Physician-Advanced Practice Provider Relationship
Advanced practice providers, such as nurse practitioners and physician assistants, play a unique role in the care and treatment of patients. These providers see, treat, and consult with patients, many times expanding the level and types of care available to patients, especially in rural communities. Nebraska law encourages the use [...]
Be Mindful of Ethical Codes that Impact What Your Client or Witness Can Produce
Cases that involve alleged brain injury often turn on expert battles over the results of sophisticated neuropsychological testing. These tests—such as the Minnesota Multiphasic Personality Inventory, the Luria-Nebraska Neuropsychological battery, and the Weschler Adult Intelligence Scale—represent the culmination of decades of specialized research. And these tests can often provide key [...]
Recent Legislation Proposes Extreme Increases in Medical Malpractice Damages Caps
Amid unprecedentedly high verdicts recently awarded in Nebraska and other Midwest states, two bills were introduced this month in the Nebraska Legislature to amend sections of the Nebraska Hospital-Medical Liability Act (“Act”). Under this Act, damages against qualified healthcare providers for medical malpractice claims are capped at $2.25 million. To [...]
A New Study Finds Significant Misdiagnoses in Emergency Rooms — But is it a False Alarm?
A new report issued by the Agency for Healthcare Research and Quality (AHRQ), dated December 15, 2022, alleges: “About 5.7% of patients seen in the emergency department (“ED”) receive an incorrect diagnosis with about 2.0% experiencing an adverse event because of the incorrect diagnosis; some of these adverse events are [...]
No . . . You May Not Be Able to Use ALL of the Plaintiff’s Medical Records to Defend Your Case
There is a great misconception that all of the plaintiff’s medical records may be used in your defense when your patient sues you for medical malpractice. That is not true. Generally, medical records are hearsay (out of court statements) and are not admissible in court proceedings to use in your [...]
About the Blog
Experienced legal professionals discussing medical malpractice issues of interest to health care providers, risk managers, and attorneys.
