Articles Category: Medical Malpractice
November 2014 Electronic medical records (EMR)/electronic health records (EHR) (hereinafter EMR) have largely replaced paper medical records since the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009. Previously, when alterations were made to a paper medical record, the same health care provider that made the original entry would […]
November 2016 Plaintiffs can be caught off-guard by discovering that a physician of a private health center is considered a federal employee because the health center receives federal grants. If this discovery occurs beyond the Federal Tort Claim Act statute of limitations, the claim is time-barred. This article explains the statutory framework and case law […]
August 2016 The Center for Disease Control publishes an annual list of the most common causes of death in the United States. “Medical errors” (i.e. mistakes in diagnosis, poor discharge instructions, and preventable complications such as infections picked up in the facility) is not one of the causes listed, but should be according to a new study by patient safety researchers at […]
The standard of care pertinent to a medical malpractice claim in Connecticut is defined by Conn. Gen. Stat. 52-184(c) as a breach of the prevailing professional standard of care-that level of care, skill and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care […]
November 2015 Lying under oath is a crime against justice and undermines the authority of our courts. There can be no greater blight to the pursuit of justice. Unfortunately, it is apparent that some witnesses do not take the obligation of an oath seriously. Denying knowledge of a known fact, testifying in contradiction to a […]
November 2015 Lying under oath is a crime against justice and undermines the authority of our courts. There can be no greater blight to the pursuit of justice. Unfortunately after decades of practicing civil trial law, it is apparent that some witnesses do not take the obligation of an oath seriously. Denying knowledge of a […]
July 2013 How many times have you had to brief a Motion for Protective Order filed by a defendant arguing that the defendant must not be deposed until after the plaintiff? And how many times have you had to wait for the defense disclosure of an expert because the defense claims that an expert cannot […]
July 2012 In short, yes. In order to prevail in a medical malpractice case, the plaintiff must prove that the defendant health-care provider breached the prevailing standard of medical care. Evidence of this standard of care must be presented through a similar health-care provider as the defendant whose conduct is in question. Exactly who is […]
October 2010 The appellate case law in Connecticut is thin with regard to a Daubert/Porter analysis or hearing concerning expert medical testimony in a medical malpractice case. Accordingly, the applicability of the Porter analysis and the necessity of a pre-trial hearing in a medical malpractice case can be gleaned only from the appellate courts’ few decisions involving this issue. […]