Recently, developments in medical malpractice lawyers have seen several court decisions and legislative amendments that have changed how cases of medical negligence are managed. Here are just a few examples:
Telemedicine: As part of their response to the COVID-19 pandemic, several states have passed laws providing immunity for healthcare providers who utilize telemedicine services; this has raised many questions about its efficacy when providing care remotely. Some states have legislated for immunity for providers who provide remote care while others have not.
Medical Malpractice Caps: Some states have passed laws to limit the damages awarded in medical negligence claims, with these caps meant to limit how much healthcare providers must pay out in malpractice claims; however, critics have pointed out that they impede patients’ ability to recover for serious injuries sustained as a result of healthcare errors.
Informed consent: Informed consent is a legal requirement that healthcare providers obtain patients’ permission before undertaking treatment. Recent court rulings have expanded its definition, mandating that providers provide more details regarding risks and benefits associated with specific therapies to patients prior to providing services.
Expert Testimony: Expert testimony can provide evidence of what standard of care should have been followed; however, recent court decisions have made it harder for plaintiffs to present expert testimony when their cases involve complex medical issues.
Electronic Medical Records: With the increased adoption of electronic medical records have come questions over their use in medical malpractice suits. Some states have passed laws permitting healthcare providers to present electronic medical records as evidence in court; others have not.
These are just a few recent developments in medical malpractice law. With medical technology advancing at such an exponential rate, it is likely there will be even further adjustments to how medical malpractice cases are managed.
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