Spoliation

  • Read more: The Peer Review Privilege: No Exception for Objective Facts

    The Peer Review Privilege: No Exception for Objective Facts

    By Alex Stein The Michigan Supreme Court’s recent decision in Krusac v. Covenant Medical Center, Inc., — N.W.2d —- (Mich. 2015), 2015 WL 1809371, foiled an attempt at establishing an “objective fact” exception to the peer review privilege.  An elderly hospital patient allegedly rolled off the operating table, fell on the floor, and died shortly thereafter. As part…

  • Read more: The Law of Breast Cancer

    The Law of Breast Cancer

    By Alex Stein During an annual mammogram screening for breast cancer, the radiologist detects a nodule in the patient’s breast. The nodule is large enough to require a biopsy, but the radiologist prefers to schedule a follow-up appointment with the patient for six months later. This appointment reveals that the nodule had grown and the radiologist…

  • Read more: Teamwork as Malpractice

    Teamwork as Malpractice

    By Alex Stein A team of doctors employed by the same hospital had failed to properly monitor a patient after his heart surgery in order to rule out a well-known neurological complication. The patient subsequently developed an irreversible neurological disorder, and a suit ensued. The patient’s expert identified the team’s omission as malpractice. However, he was…