Arizona updates in category: Medical Malpractice

Sometimes mistakes are so obvious that the law permits an inference of negligence. The legal term for this type of situation is res ipsa loquitur and, in Arizona, applies where (1) in the normal course of events, the accident would not have occurred unless defendant was negligent; (2) the accident occurred as a result of an instrumentality that was under defendant's exclusive control; and (3)...

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Several surgical disasters - including the death of a Tucson attorney- has now prompted the state to crackdown on Doctor's performing surgeries in their offices.For the first time, doctors will need to have specific monitoring and emergency equipment, specialized staff training and inform patients of the potential risks of having surgery in an office - if the proposed rules from the Arizona...

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A 66-year-old cancer survivor is now suing Catholic Healthcare West and St. Joseph's Hospital for operating on the wrong set of his vocal cords, alleging medical malpractice. Larry Bimbo's left vocal cords were paralyzed from undergoing radiation therapy many years ago for lung cancer. However, he now claims in court papers the doctors treated his healthy, right vocal cords instead, cutting off...

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A Montefiore Medical Center worker has received a $1 million settlement from her employer after her ankle was improperly set while in the hospitals emergency room. On September 30, 2000, Josephine Cruz, went to the hospital with a fractured left ankle. According to court papers, Cruz was in extreme pain when she arrived at the ER. Cruz, an accounting representative a the hospital was x-rayed but...

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I recently came across an opinion from the Oklahoma Supreme Court released onto its web site on December 19, 2006 but not yet formally published which presents an interesting analysis of tort reform in the state of Oklahoma. The Oklahoma Supreme Court in an almost unanimous decision struck down a tort reform initiative requiring an expert affidavit of merit to accompany every new medical...

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An Albany woman has been awarded $5M in a medical malpractice lawsuit. The lawsuit involved Albany gynecologist, William Sewell over a surgical procedure performed back in 1998.Thursday, a Dougherty County State Court returned a verdict in her favor. The Doctor's layers are appealing the hefty verdict. Benita Davis Parker, 27, went to her gynecologist Dr. William Sewell, for a tubal ligation six...

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Yesterday the Institute of Medicine issued a press-release concerning its report on medication errors. According to the Institute of Medicine, Medication errors are among the most common medical errors, harming at least 1.5 million people every year, says a new report from the Institute of Medicine of the National Academies. The extra medical costs of treating drug-related injuries occurring...

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In the past, I have referred to a 1999 study by the Institute of Medicine which linked medical errors to the deaths of between 44,000 and 98,000 people annually. Recently, it has come to my attention that one error reduction strategy available to physicians involves the use of technology in doctors' medical practices. Unfortunately, according to an article in yesterday's Tucson Citizen, only...

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Yesterday, Governor Napolitano vetoed a measure passed by the Arizona legislature that would have heightened the burden of proof required to assert a claim against physicians arising out of poor emergency medical care. If Governor Napolitano had not vetoed this legislation, a patient victim would have to present "clear and convincing" evidence of medical malpractice when submitting claims...

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Today I saw another blogger's post about increasing patient safety problems at our nation's hospitals as well as unique perspectives about these problems. Take a look at this post and its cynical implications on the medical malpractice reform debate in our country. I must warn you, however, that this overall blog site presents a completely different perspective and approach to the practice of...

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Well it appears that Arizona Senator Jon Kyl has been constantly denouncing plaintiff attorneys for representing victims of medical malpractice so no wonder why he has supported a new idea to "reform" our justice system. According to a recent article in the Arizona Republic, Kyl supports the idea of special health courts to "try" medical malpractice cases without juries. Well Senator Kyl, with...

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According to breaking news from the Arizona Daily Star, the Arizona Medical Association has made a decision not to pursue lawsuit reform initiatives in the next election. In order to seek limits on the amount and type of damages a jury can award, those who oppose the current system of justice would have been required to seek changes to the Arizona Constitution. According to representatives of...

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With the medical malpractice reform debate gearing up this legislative session in Arizona, I thought I'd reflect on this highly emotionally charged issue. Doctors say that they cannot continue to practice medicine when insurance premiums continue to skyrocket. Patients want access to quality medical care and want accountability in case something goes wrong with their medical care. Is...

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