Articles Posted in Medical Malpractice

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Written by: Patricia I. James**

I watched the first episode of “Monday Mornings,” the new television series on TNT created by David E. Kelley. Mr. Kelley has created or been involved in various series including Ally McBeal, Boston Legal, Boston Public, Chicago Hope, Doogie Howser, M.D., LA Law and Picket Fences. This show involves five surgeons in a hospital and explores their professional and personal lives.

The reason I am writing a post on this episode is based on a scene involving peer review of one doctor’s case. The most common educational setting for this review and discussion is known as Morbidity and Mortality (“M&M”). This is where physicians discuss other doctors’ behavior or analyze an adverse event. The information gleaned during M&M is not discoverable in most states. The reason is to have open communication and enable doctors to learn from their mistakes and try to prevent future ones. Doctors are going to be less forthcoming with regard to errors they have made if what they say can be used in a medical malpractice case.

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Written by:  Patricia I. James**

Summary: The MICRA cap referred to in Post #7 is again being challenged in a case filed in the California Court of Appeal. However, I don’t think it has the power to determine its constitutionality. That falls in the realm of the California Supreme Court.

Post #7, entitled “Here’s Why the California Cap on Non-economic Damages is Archaic,” set forth the caps in all of the states. This issue is being revisited due to the filing of an appeal by the family of a man who died after surgery in 2008. The appeal challenges the constitutionality of MICRA, the Medical Injury Compensation Reform Act, enacted in 1975.

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Take charge of your health care!

Written by Patricia I. James**

Today I present to you Walker v. Sonora Regional Medical Center. 202 Cal.App.4th 948 (2012). The basic issue was whether a hospital is liable due to its failure to notify a woman that she was a carrier of cystic fibrosis.