Medical Malpractice

• Doctors Attempt 'No Sue" Clause

  Steve Klearman | May 28, 2007 6:40 AM | 0 CommentsReno, NV

  Some doctors in New Jersey are now asking their patients to sign away their legal rights. The American Association of Justice cites to Dick Dahl's story published at LawyersUSA:A group of New Jersey ob-gyns has begun asking prospective patients to sign away their right to a jury trial, touching off a debate about the enforceability of the waivers. Citing the high cost of medical malpractice...

• Decubitis Ulcers

  Steve Klearman | May 14, 2007 7:16 AM | 0 CommentsReno, NV

  My law firm in Nevada has handled numerous medical malpractice and injury cases that involved decubitus ulcers.I received this description of decubitus ulcers from D. Garth Sullivan at INDOX Consulting, a medical expert service:Chronic lower extremity ulcers affect approximately 2.5 million to 4.5 million people in the US. In addition to pressure ulcers, this growing clinical problem is most...

• Ageism and Medical Malpractice

  Steve Klearman | April 27, 2007 8:50 AM | 0 CommentsReno, NV

  In a new article courtesy of AAJ, attorneys Elizabeth Faiella and Peter Gulden examine the issue of "ageism" in health care and litigation.They write, among other things:When the plaintiff has suffered injury because of a doctor's failure to diagnose cancer or provide adequate treatment, the lawyer can count on jurors to hold certain biases. They have been conditioned to believe that medical...

• Nevada Lawmakers Vote For Doctor-Backed 'I'm Sorry' Law

  Steve Klearman | April 13, 2007 3:33 PM | 0 CommentsReno, NV

  This from the American Association of Justice:Nevada Lawmakers Vote For Doctor-Backed 'I'm Sorry' Law "A Nevada Senate committee voted Wednesday for a bill that would prevent doctors' apologies to their patients or patients' families from being admitted as court evidence if they're sued for negligence later on. The 'I'm Sorry' measure, SB174, provides that any doctor's expression of 'apology,...

• Reno Cancer Patient Settles With Wyeth

  Steve Klearman | October 12, 2006 1:15 PM | 0 CommentsReno, NV

  The following comes from Law.com quoting the Associated Press on October 6, 2006:The same day a Philadelphia jury ruled that a hormone replacement drug at least partially caused a woman's breast cancer, a Reno woman who is dying of the disease reached an out-of-court settlement with the New Jersey-based drug maker. Just two days before her trial was to begin, Carol McCreary and Wyeth...

• Proving a Medical Malpractice Case in Nevada - Part IV

  Steve Klearman | September 06, 2006 9:21 AM | 0 CommentsReno, NV

  Here is the final installment of cases that deal with proving medical malpractice claims in Nevada:In an informed consent case, plaintiff's assertion that he or she would have refused treatment must be reasonable under the circumstances. Smith v. Cotter, 107 Nev. 267, 810 P.2d 1204 (1991).In determining reasonableness, the court may consider testimony of the patient as well as medical evidence...

• Proving a Medical Malpractice Case in Nevada - Part III

  Steve Klearman | September 04, 2006 9:17 AM | 0 CommentsReno, NV

  Here is the third installment of cases that deal with proving a medical malpractice case in Nevada:To prove medical malpractice, plaintiffs must first establish the accepted standard of medical care or practice, and then must show that the doctors' conduct departed from that standard, and legally caused injuries suffered. Fernandez v. Admirand, 843 P.2d 354, 108 Nev. 963 (1992).To prevail in a...

• Proving a Medical Malpractice Case in Nevada - Part II

  Steve Klearman | August 30, 2006 9:12 AM | 1 CommentReno, NV

  This blog I will continue with Nevada Supreme Court case selections that pertain to proving medical malpractice claims in Nevada. As always, when I list holdings from multiple cases, selections are listed in chronological order starting with more recent cases:In a medical malpractice case, under the traditional doctrine of res ipsa loquitur, the presumption of negligence arises after plaintiff...

• Proving a Medical Malpractice Claim in Nevada - Part I

  Steve Klearman | August 28, 2006 9:06 AM | 0 CommentsReno, NV

  Last blog, I listed an excerpt from my new book that included many fact situations that give rise to medical malpractice claims in Nevada.This blog I will concentrate on those cases that discuss proving medical malpractice claims in Nevada and in the next two blogs I will finish this discussion of proof. The following case selections are listed in chronological order starting with some of the...

• Nevada Medical Malpractice Fact Patterns - Part II

  Steve Klearman | August 23, 2006 9:02 AM | 0 CommentsReno, NV

  Here are further case facts from some of Nevada's most notable medical malpractice cases:Common-law professional medical standard for informed consent, rather than a patient-oriented standard of informed consent, applies to the chiropractic field. Bronneke v. Rutherford, 120 Nev. 230, 89 P.3d 40 (2004).Consent to treatment may be express or implied. By seeking chiropractic treatment,...