Legal Reference Blog by Renee C. Walsh, Esq.

27. June 2007: Medical Malpractice Statute of Limitations - Fraudulent Concealment

Under MCL 600.5838a, a claim based on the medical malpractice of a person or entity who is or who holds himself or herself out to be a licensed health care professional, a licensed health facility or agency, or an employee or agent of a licensed health facility or agency who is engaging in or otherwise assisting in medical care and treatment, accrues at ...More

10. June 2007: Medical Treatment by Boarding School Infirmiry

Facts: Highschool boy gets injured in a basketball game at his boarding school. He is treated by the school infirmary in consultation with a physician. The physician diagnoses muscle strain, and orders pain medicine and physical therapy. After some time, the boy returns home to a foreign country and is treated by a physician who diagnoses via x-rays and MRI that his back bone was misaligned and he had torn cartilage in his lower vertebrae; and that even with surgery, he could have permanent, life-long nerve damage and debilitating injury. Surgery is performed with the question pending on the life-long damage.

Issue: What should the boy do? He wants to return to school. His parents are in a foreign country and they do not speak English. Should he consider a medical malpractice complaint? ...More

03. June 2007: Hospital Physician Relationship in Medical Malpractice Defense

The hospital physician dynamic is something that an individual will never learn unless he experiences it first hand. Most of the time, if a patient is injured while at a hospital and begins a lawsuit for medical malpractice, he will sue not only the physician but also the hospital and any other practitioner who was involved in his negligent care and treatment. It is rare that he will sue only the physician because the hospital has the deep pockets. Most physicians are not employees of the hospital, but rather merely have privileges to treat their patients at the hospital. Most physicians are employees of their own corporation including a group of physicians practicing together.

A huge factor in the defense will be the amount of insurance available. If the physician has $500,000 worth of insurance coverage and the case can be settled within those limits, the hospital will work towards a stipulation to dismiss the case against them, especially if they were only the site of the negligence and did not have a negligent nurse or other staff member involved. A good plaintiff attorney will keep the hospital in to the end of the case or until it is settled to his satisfaction. A good attorney will argue that the hospital failed to have proper procedures and policies in place and find an argument for negligence. You can bet the physician wants ...More

30. May 2007: Medical Malpractice - Who is Treating You?

Do you know who is treating you? Patients are often unaware that the professional treating them is not a physician. For example, a patient goes into a routine outpatient procedure under which they are sedated with anesthesia. The anesthesiologist M.D. greets the patient briefly and asks some history and may perform a short examination. This takes place after another professional, likely a C.R.N.A. certified nurse anesthetist and/or a nurse has taken a history from the patient. The M.D. doesn't do a real thorough job taking the history or performing an examination because he assumes this has been done by the nurse and/or C.R.N.A. He is present to sedate the patient and once sedated, leaves the operating room giving control and supervision over to the C.R.N.A. The patient has no idea that this is taking place and that they are not being cared for by the M.D. If something goes wrong during the surgery with the anesthesia, the C.R.N.A. is allowed to use discretion to take care of the patient and may give more anesthesia without asking permission of the M.D. They don't have as much education and are not allowed by law (at least in Michigan) to practice in this manner, prescribing medication without the supervision of the M.D.; but "supervision" is a loose term. What sometimes ...More

29. May 2007: Medical Malpractice - Which Entities to Sue

All of them. Everyone who was involved should get a timely notice of intent to sue. The main purpose of this item is to inform the public about the way hospitals are set up, which is a topic of which I had no knowledge prior to practicing as a medical malpractice defense attorney. Prior to that time, I had no knowledge whatsoever that the emergency departments, radiology departments, anesthesia departments, and various other departments are NOT employed by the hospital. More specifically, the ER Dr. treating you when you walk in the emergency room is probably not an employee of the hospital, but rather is employed by ...More