What is a “Physician’s Duty of Care”?
The special relationship between a doctor and his or her patient is one of trust, confidence, and extreme good faith, and it creates a fiduciary duty towards the patient. However, even when an injured patient is able to prove the existence of a duty, he must also show that it was the physician’s breach of […]
How are expert medical malpractice witnesses compensated?
We have all seen it on television - the expert doctor is testifying about severe and disfiguring injuries to the patient caused by the malpractice of another physician. On cross-examination, the expert is asked whether or not he has been paid to give this testimony. The jury gasps in shocked dismay when the answer is […]
What is the liability regarding “Improper Triage”?
Triage is an essential element of providing care to patients who present at a hospital emergency department. Triage is defined as a brief clinical assessment that determines the time and sequence in which patients should be seen in the emergency department. During triage, an emergency department nurse interviews a patient or the patient’s representative about […]
What is the liability of ambulance attendants and emergency medical technicians?
Many times the first contact that a sick or injured individual has with a hospital is when an ambulance arrives at his home, the attendant and the emergency medical technician work over him, and he is loaded into the ambulance for the trip to the hospital. Now assume that the patient is in even worse […]
