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Malpractice Case Continues After Patient Dies

In an unsigned, unanimous ruling, the Texas Supreme Court ruled last week that the family of Sharon Boyd, a Fort Worth woman who died last year of colon cancer, can proceed with a malpractice lawsuit against three doctors who had diagnosed her ailment as hemorrhoids. The doctors had asked the court to void the lawsuit,…

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The use of Insurance in the Court Room

Not being a lawyer, you may not be aware that the Texas rules of evidence prohibits a lawyer from mentioning insurance in a case where the insurance company is not the defendant.  In other words, if you find yourself on a jury hearing a claim for medical malpractice or a car accident, you won’t hear…

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Damage Caps Don't Work

I just came across an excellent article about damage caps for medical malpractice which explains why they won’t help lower premiums for Texas doctors. It’s sad to say, but the real effect of damage caps is to punish children, the elderly, the unemployed, and single people. Why do I say that?  Because children, retired people,…

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Hospital mix-ups hurt kids

Drug errors affect 1 in 14 children, study says, more than was thought. Medicine mix-ups, accidental overdoses and bad drug reactions harm about one of 14 hospitalized children, according to the first scientific test of a new detection method. That figure is higher than earlier estimates and bolsters concerns that were already heightened by  well-publicized…

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Study – Checklists Cut Surgery Deaths in half

Scrawl on the patient with a permanent marker to show where the surgeon should cut. Ask the person’s name to make sure you have the’ right patient. Count sponges to make sure you didn’t leave any in the body. Doctors worldwide who followed a checklist of such steps cut the death rate from surgery almost…

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Beware of Medication Mix-ups

As much as 25 percent of drug errors—when someone gets the wrong prescription, say, or the wrong dosage—occur when the name of one drug looks or sounds like another. Poor penmanship, sloppy pronunciation, and look-alike labels make the problem worse. In a report released earlierthis year, U.S. Pharmacopeia, the official standards-setting body for medications in…

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Can I Settle It Myself?

A question I sometimes am asked by people who were injured in an accident is whether the injured person can settle the claim on their own. Of course, you don’t need a lawyer to settle your claim, just like you don’t need a lawyer to file a lawsuit or defend against one. The real question…

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Are Malpractice Caps Causing More Bad Doctors to Relocate to Texas?

A Missouri doctor who relocated to Austin after a series of professional and legal tangles is seeking to practice medicine in Texas. Dr. Alexander Kalk — whose application to practice in Texas has been pending since May 31, according to the Texas Medical Board — faces disciplinary action before the Missouri Board of Healing Arts….

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