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Medical Malpractice

Frivolous lawsuit do not justify medical malpractice litigation reform, study in New England Journal of Medicine shows

Proponents of reforming the medical malpractice litigation system often claim that reform is needed to curb frivolous lawsuits. The proponents of reform argue that frivolous lawsuits are the primary reason for high malpractice insurance rates, which are causing physicians to leave Pennsylvania. However, a study conducted by a number of health professionals and recently published in the prestigious New England Journal of Medicine suggests that such claims are greatly exaggerated.

Nursing assistant commits medical malpractice while bathing an elderly patient with dementia, Pennsylvania Supreme Court rules

While the concept of medical malpractice normally connotes mistakes made by highly-trained medical professionals, the Pennsylvania Supreme Court has recently made clear that the failure to properly perform a normal, every day activity such as bathing a patient can be medical malpractice. In Strine v. Commonwealth of Pennsylvania, a four-member majority of the court has ruled that the act of bathing a totally-dependent-elderly patient is a medical service under Pennsylvania law, thus triggering insurance coverage from Pennsylvania’s former Medical Professional Catastrophe Loss Fund (CAT Fund).