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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
December 4 - Newsblog #44
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse
December 11 - Newsblog #45
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 11 - Newsblog #46
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 18 - Newsblog #47
In the News: Parents of Bus Accident Victim Awarded $20 Million
January 8 - Newsblog #48
In the News: Parents Sue After Daughter’s Brain Damaged in Surgery
January 10 - Newsblog #49
In the News: Trucking Accidents Due to Careless Driving Increase
January 29 - Newsblog #50
In the News: Trucking Accidents Due to Careless Driving Increase
February 19 - Newsblog #51
Indiana Authorities Buy More Time to Prosecute Child Abusers
February 26 - Newsblog #52
In the News: Teen Brain-injured at Birth Awarded $15.1 Million
March 4 - Newsblog #53
In the News: Did Connecticut School Officials Turn a Deaf Ear to Sexual or Physical Abuse?
March 18 - Newsblog #54
In the News: Facility Held to Blame for Medical Treatment Delivered in a Careless and Negligent Manner
April 1 - Newsblog #55
In the News: Emergency Measures Instituted in Indiana’s Judicial System
April 8 - Newsblog #56
In the News: Medical Malpractice Limits Challenged in California
April 15 - Newsblog #57
In the News: Indiana Supreme Court Issues Five Orders for Legal Proceedings
May 13 - Newsblog #58
In the News: Physician Not Negligent in Choosing One Treatment over Another
May 20 - Newsblog #59
In the News: Nursing Homes with Covid-19 Cases Have Been Violating Federal Infection Control Rules for Years

Medical Malpractice Newsletter

Res Ipsa Loquitur and Retained Foreign Bodies

Res ipsa loquitur is a legal doctrine that infers negligence in a situation that lacks direct evidence of wrongdoing. Translated from Latin, res ipsa loquitur means, “the thing speaks for itself.”

When res ipsa loquitur is applied to a claim, evidence must be produced from which a jury would decide that by a preponderance of the evidence (more likely than not) that the accident was the result of the negligence of the defendant.

Retained Foreign Bodies

“Retained foreign bodies” is the term for medical equipment that is accidentally left in the patient’s body after a surgical procedure and presents an obvious claim for medical malpractice. Unlike other medical malpractice claims, claims for retained foreign bodies do not need to prove a breach of an accepted standard of care. The doctrine of res ipsa loquitur is available in retained foreign bodies cases to circumvent the standard of care and breach requirement.

Preventative Measures

The American College of Surgeons recommends that the following procedures be followed to prevent the retention of foreign bodies in the patient:

  • Consistent application and adherence to standard counting procedures
  • Performance of methodical wound exploration before closure of the surgical site
  • Use of x-ray detectable items in the surgical wound
  • Maintenance of an optimal operating room environment to allow focused performance on operative tasks
  • Employment of x-ray or other technology (i.e. bar coding, radiofrequency detection) to ensure items have not been left in the patient
  • Suspension of these measures as required in life-threatening situations

Res Ipsa Loquitur Applied to Retained Foreign Body Claims

The most common medical situation in which res ipsa loquitur is applied to medical malpractice claims is when a patient has a retained foreign body after a surgical procedure. In this situation, the patient would not need to prove that the physician deviated from a standard of care that a reasonable physician would have used by leaving the foreign body in the patient. The physician is accepted as negligent because of res ipsa loquitur, and the physician’s negligence “speaks for itself” with the presence of a foreign body in his patient after the surgical procedure is complete.

A count of the equipment and tools before and after a surgical procedure is a protective measure used by hospitals to prevent retained foreign bodies. Though the physician is presumed negligent where foreign bodies are retained, he may attempt to defend himself if he relied on a nurse’s or other surgical team member’s count of all the equipment after the procedure.

The “before and after” count of equipment is viewed as a hospital responsibility, thereby reallocating the negligence to the hospital.

  • Medical Malpractice and Informed Consent
    Prior to initiating any medical procedure, a health care provider should obtain the patient’s “informed consent.” What constitutes informed consent varies from state to state, but usually includes a discussion with the... Read more.
  • Economic and Non-Economic Damages for Medical Malpractice
    When a doctor or other health care provider engages in conduct (or fails to take action) that results in a patient’s injury or death, the patient and/or family may have a medical malpractice claim. Most cases are based upon a... Read more.
  • Failure to Diagnose Cardiovascular Disease
    Cardiological specialists are required to adhere to a strict standard of care in diagnosis and treatment. If a specialist deviates from the standard of care and, as a result, a cardiac patient suffers an injury, then the specialist must... Read more.
  • Flash Fires During Surgery Lead to Injuries, Death
    A surgical patient likely never considers the risk of being injured in a fire during an operation. Failure by nurses, doctors, or anesthesiologists to follow the recommended safety protocol to avoid fire ignition could result in serious... Read more.
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