Schmidt, Sethi & Akmajian Blog

Arizona Hospitals Cannot Use Federal Law To Hide Incident Reports From Patients

Posted by James D. Campbell | Apr 18, 2017 | 0 Comments

Arizona hospitals frequently try to keep an injured patient from getting reports that document the hospital's mistakes that caused their injury. Longstanding Arizona law, however, requires hospitals to give patients these incident reports. Recently hospitals use a new federal law to try to block patients from getting these reports. This argument is wrong, however, because the new federal law was never intended to prevent a hospital from giving patients incident reports.

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ARE MANUFACTURERS OF OPIOID MEDICATIONS ATTEMPTING TO BLOCK COMMON SENSE LIMITS ON PAIN MEDICATIONS?

Posted by James D. Campbell | Feb 23, 2017 | 0 Comments

Opioid overuse is a national tragedy, with increasing deaths and destruction caused by these potentially dangerous medications. The CDC's 2016 guidelines attempted to curb their use. In response, many medical organizations paid by opioid drug manufacturers were critical of this effort, and their payment sources were not disclosed. This raises serous ethical questions about opioid manufacturer's efforts to address this national problem.

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A Recent Investigation Points To Overly Aggressive Patient Scheduling And Lack Of Uniformity As Continued Causes Of Surgical Errors

Posted by James D. Campbell | Feb 01, 2017 | 0 Comments

Despite efforts, preventable surgical errors continue. Overly aggressive scheduling of surgeries and lack of uniformity in the OR are two causes of these errors. Errors will continue as long as hopsitals continue to put profit over patient safety by scheduling too many surgeries in a day. Also, surgeons need to buy into hospital staff's need for uniformity.

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Torts/Civil Procedure/Juror Misconduct/Burden of Proof in Emergency Room Medical Malpractice/One Expert Per Issue Rule/Prejudice vs Probative Value/Judgment as a Matter of Law

Posted by Ted A. Schmidt | Dec 28, 2016 | 0 Comments

Stafford v. Burns, 753 Ariz. Adv. Rep. 14 (App. Div. I, November 29, 2016) (J. Jones) MEDICAL NEGLIGENCE OF ER DOCTOR MUST BE PROVEN BY CLEAR AND CONVINCING EVIDENCE REGARDING ALL ACTS AND OMISSIONS OCCURING IN THE COURSE OF EVALUATING AND TREATING A PATIENT IN ER/DEFENDANT DOCTOR CAN TESTIFY TO...

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Torts: Medical Malpractice—Standard of Care: Failure to Supervise Nurse/Expert Qualifications Required Re Nurse Midwife/Rule 56(f) Arizona Rules of Civil Procedure

Posted by Ted A. Schmidt | Dec 28, 2016 | 0 Comments

St. George v. Plimpton, 753 Ariz. Adv. Rep. 8 (App. Div. I, November 19, 2016) (J. Gould) PLAINTIFFS SHOULD PLEAD NEGLIGENT SUPERVISION AS SEPARATE COUNT/LACK OF TESTIMONY OF SPECIFIC ACTS OF NEGLIGENCE/LACK OF QUALIFICATIONS OF EXPERT/PROPER DENIAL OF REQUEST FOR MORE TIME TO FIND PROPER EXPERT...

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Revolutionary New Standing Wheelchair

Posted by Dev Sethi | Nov 18, 2016 | 0 Comments

An Israeli company is launching a groundbreaking, self-stabilizing wheelchair that allows users to maneuver in a standing position.  The device, from UPnRide Robotics, uses a gyroscope similar to the system found in two-wheeled Segway and self-stabilizing software.  With these tools, a paralyzed ...

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Torts—Medical Malpractice—Battery

Posted by Ted A. Schmidt | Feb 12, 2016 | 0 Comments

Carter v. The Pain Center of Arizona, PC, 731 Ariz. Adv. Rep. 34 (App. Div. I, February 2, 2016) (J. Johnsen) TORT OF BATTERY IN MEDICAL NEGLIGENCE CASE DOES NOT REQUIRE  INTENTIONAL HARM OR INTENTIONAL OFFENSIVE TOUCHING WHERE THEORY IS WILFUL DISREGARD OF PLAINTIFF'S LIMITED CONSENT After a f...

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