MedMal Insider

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No Note About Patient Refusal of Test Before Missed Cancer Jun 04, 2026

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A delay in following a patient’s right kidney mass was complicated by the patient’s refusal of a CT scan and the providers’ incomplete and conflicting documentation of patient education and testing recommendations.

Fatal Team Failure to Widen the Diagnostic Focus for OB Patient Mar 03, 2026

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Expert review concluded that a more aggressive response to non-reassuring fetal heart rate tracings, such as a conversion to cesarean delivery, would have been appropriate. Coupled with a delay in the diagnosis and treatment of chorioamnionitis, the case was settled in the high range.

Missed Protocols, Medication Mix-up, Patient Death Jan 12, 2026

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A patient died following a medication mixup in an understaffed medical ICU. A large settlement was reached on behalf of the RN who administered the wrong dose of the wrong medicine.

Timing of Conversation Influences Settlement in Age Discrimination Claim Nov 24, 2025

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After an employee alleges age discrimination, conversations with their supervisor could be perceived as retaliation. An attorney at CRICO describes the pitfalls in these discrimination and retaliation cases and how to avoid some of them.

Communication Post-op Blamed in Large Settlement Jul 02, 2025

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A cholecystectomy patient alleged that mishandling of her post-operative calls to the surgical practice and lack of follow-up caused her post-operative complications. Like many cases, how the surgical practice communicated with the patient after a complication occurred was a key aspect.

Battery in Toddler’s Nose Missed at First Mar 28, 2025

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Parents alleged that a delayed diagnosis of a foreign body in their child’s nose caused preventable nosebleeds, nasal infection, nasal septal perforation, and the need for surgery. The malpractice claim named the pediatric group, two pediatricians, and a pediatric nurse practitioner, and was settled in the low range.

Bad Finger, Good Documentation Nov 30, 2024

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A patient sued her hand surgeon, claiming the surgical approach increased the chance that their finger wouldn’t fully heal from a prior fracture. The defense leaned on contemporaneous clinical notes and documentation of the consent process to achieve a defense verdict.

A Pending Test at Discharge and a Return with Sepsis Jul 22, 2024

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A 68-year-old male was admitted to the hospital after falling on ice and feeling short of breath. Two days after discharge, the patient arrived by ambulance at another hospital in septic shock. The patient filed a claim against the hospital, alleging that the failure to communicate a critical lab result required readmission and several weeks of follow-up treatment.

Med Error Leads to Change in L&D Policy May 14, 2024

Show notes

A 30-year-old woman experiencing her first pregnancy, presented to the Labor and Delivery unit. She was given the wrong drug and required an emergent C-section. The “five rights” of medication administration focuses on individual factors and not necessarily on system flaws. Many organizations are also promoting just culture, which encourages reporting near-misses and patient safety events, and focuses on psychological safety and promoting a non-punitive reporting culture.

Incidental Lung Nodule Overlooked, No Follow-up, Fatal Cancer Advances Dec 30, 2023

Show notes

A patient was imaged for abdominal pain, but the radiologist saw and reported an incidental finding of a nodule on the lower lung that was not pursued or revealed to the patient for 2 years. The cancer had metastasized, and the patient died from lung cancer 18 months later.

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