Proximate Cause

  • Read more: Outpatient Psychiatric Treatment: The Duty to Prevent Patient Suicide

    Outpatient Psychiatric Treatment: The Duty to Prevent Patient Suicide

    By Alex Stein In Chirillo v. Granicz, — So.3d —- (Fla. 2016), 2016 WL 4493536, the Florida Supreme Court formulated an important rule for psychiatric malpractice cases. Back in 2001, the First District Court of Appeal decided that psychiatrists assume no liability for an outpatient’s suicide because it is generally unforeseeable. Tort liability, it held, can…

  • Read more: Organ Transplant Malpractice and the “Proximate Cause”

    Organ Transplant Malpractice and the “Proximate Cause”

    By Alex Stein Everyone interested in that area must read Shierts v. University of Minnesota Physicians, — N.W.2d — (Minn.App.2014), 2014 WL 7344014. This important – yet, unreported – decision deals with a medical-malpractice action arising out of the patient’s death from cancer contracted from a donated pancreas. The trial court dismissed the action summarily based…

  • Read more: “Proximate Cause” and the Patient Suicide Problem

    “Proximate Cause” and the Patient Suicide Problem

    By Alex Stein This difficult problem and the underlying human tragedy have recently been adjudicated by the Supreme Court of Mississippi in Truddle v. Baptist Memorial Hosp.-Desoto, Inc., — So.3d —- (Miss. 2014). A hospital patient suffering from a number of illnesses became agitated and aggressive. He took the IV out of his arm and attempted…

  • Read more: Proximate Cause in Georgia

    Proximate Cause in Georgia

    By Alex Stein Two days ago, Georgia’s Court of Appeals decided Georgia Clinic v. Stout, — S.E.2d —-, 2013 WL 3497703 (Ga. App. 2013). This tragic case features an elderly patient with an arthritic knee. Her doctors injected that knee with medication drawn from a multi-dose vial. They did so at their clinic under non-sterile conditions that…