As you may know, the Seattle Times has been investigating a number of instances where it claims judges improperly sealed files in a number of medical malpractice and other court cases.There is often tension between litigants' desire to keep court records out of the public eye and the fact that our court system is the "third branch" of government whose records are public. Plaintiffs often face...
Medical malpractice cases sometimes involve related disciplinary proceedings against providers. In a recent ruling the Washington Supreme Court imposed a higher burden of proof in connection with disciplinary proceedings against nursing assistants.The Court ruled that "clear, cogent, and convincing proof" was required (rather than that the disciplinary allegations be proved by a "preponderance...
Confidentiality in medical malpractice suits is an issue which is receiving increased scrutiny. Especially where the appropriate authorities are kept in the dark.As reported by the Seattle TImes, two lawsuits against a Seattle-area physician (Dr. James H. Greene) illustrate the current concern. Significant settlements were paid by the doctor's employer after he was accused of negligence. ...
The court file for an unusual medical malpractice lawsuit involving hereditary cancer was unsealed recently, revealing a $1.6 million settlement in 2001. The case involved the family of a University of Washington nurse who died of ovarian cancer, leaving behind a husband and daughter. The medical malpractice lawsuit said that doctors should have warned the woman that her ovaries should be...
A USA Today article reports that the frequency of wrong-site surgery is increasing. The problem is "getting worse" and, because of underreporting, one expert states that: "I can assure you that this is just the tip of the iceberg." The USA Today points out the obvious when it observes "It is such a catastrophe when this [wrong site surgery] happens."Wrong site surgeries happen for a variety of...
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