Tort reforms for medical malpractice preoccupy much of the legislative agenda for any state legislature as well as much of the time and budget of a state’s medical society. However, in truth, state legislators and the administrators of medical societies only care when it is to their advantage.
Because I am a physician in Maryland, I use Maryland as the example. In most states, tort reforms achieve six goals:
Conventionally, medical malpractice is argued using inductive reasoning. There is nothing wrong with inductive reasoning. It is a component of critical thinking. However, it is just a component. Inductive reasoning is more subjective than objective and the influences of selection bias, avoidance bias, and confirmation bias are undetectable.
Deductive reasoning is also a component of critical thinking. It is not immune from these same biases; however, deductive reasoning is more robust …
Most recognize me from posts about deductive reasoning on KevinMD, but I never explain deductive reasoning’s effect on a conventional medical malpractice lawsuit. Here is how it affects such a lawsuit.
All medical malpractice lawsuits have four things in common:
For years we have told patients the same thing when they have trouble finding a doctor: Go to your insurance directory, look it up, they can help you.
And despite saying that, many of us have quietly known for a long time that this advice is broken. We still give it. We give it hoping for the best, knowing there really are not many other useful options to offer at this …
Most recognize me for extolling the virtues of deductive reasoning in medical malpractice case review, but I never explain why I am so worked up over medical malpractice. Some would point out, “There are only 17,000 malpractice lawsuits filed per year out of a total of perhaps as many as 40 million lawsuits filed nationwide. Therefore, medical malpractice represents 0.04 percent of all lawsuits filed. What’s the big deal?” …
Frivolous medical malpractice lawsuits are endemic and infect everyone whether they realize it or not. The greed of plaintiffs, attorneys, medical experts, and malpractice carriers, coupled with the ineptitude of the tort system, causes avoidable costs. Everyone pays the price.
Some plaintiffs sue for medical malpractice just because they harbor a grievance against a doctor and their claim has no attributable merit. Plaintiff attorneys, who are looking for business, advertise …
It is beyond a doubt that, in many states, including the state of Maryland in which I am licensed, tort reforms for medical malpractice occupy a good part of the legislative agenda. In Maryland, tort reforms bring:
“No medical malpractice lawsuit is frivolous,” is the narrative echoed by plaintiff attorneys. Medical malpractice lawsuits are vastly underrepresented. Also, because frivolous lawsuits are too expensive to litigate, expense is a natural deterrent for filing one. Plaintiff attorneys have controlled this narrative for as long as I’ve been in practice since 1972.
Recently, I examined the veracity of this claim. Indeed, there are 66 million civil lawsuits filed in the …
I define a frivolous medical malpractice lawsuit as being caused by a random error of nature.
Plaintiffs are entitled to feel aggrieved and to seek legal counsel. Some, however, have ulterior motives.
Plaintiff attorneys are “good Samaritans.” They work for a contingency fee. This invites ulterior motives; however, because these attorneys bear the cost, motives do not matter. Only the value of a case matters and there is artificial intelligence to weed …
When I am sued by a prominent medical malpractice plaintiff attorney, I open the firm’s website. Despite the lawyer’s prominence, the website uncharacteristically solicits for medical malpractice, claiming, “If you have a phone, you have a lawyer.” We all know that it takes more than a phone; it takes a case. What I have learned since that day is a lesson for every physician practicing medicine because each, like it …
Physicians today face mounting challenges in the practice of medicine, including declining reimbursement, workforce shortages, administrative burdens, and the ever-present risk of litigation. The Doctors Company’s latest study, “Nuclear Verdicts and Rising Costs: How Inflation Is Impacting Medical Malpractice Claims,” highlights another pressure point: the accelerating impact of inflation on medical malpractice claims.
The research study, conducted by Moore …
Frivolous medical malpractice lawsuits are endemic and infect everyone whether they realize it or not. The greed of plaintiffs, attorneys, medical experts, and malpractice carriers, coupled with the ineptitude of the tort system, causes hopelessness in physicians. Everyone else pays the price.
Plaintiffs sue for malpractice even when a claim has no attributable merit. Plaintiff attorneys, who are looking for business, advertise “if we don’t win, you don’t pay.” Once …
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Nephrologist Saad S. Alshohaib discusses his article, “Why truth still matters in the courtroom: lessons from a physician witness.” The conversation provides a profound reflection on his decade of experience serving as …
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“In the courtroom, I was asked to speak about wounds. But the deepest wounds I saw weren’t just in patients — they were in trust, in truth, and in the silence that follows when no one wants to say what really happened.”
I never aspired to testify in court. Like most physicians, I trained to treat patients — not to evaluate the decisions of others. But then a case came. A …
Eighty-five thousand medical malpractice lawsuits are filed per year, but the total number of claims reviewed by lawyers is unknown. What underlies their decision to proceed is their inability to determine which complication results from a systemic medical error in a medical intervention and which is just a random error of nature.
Reflected in this 85,000 is that two-thirds—52,000—are summarily dismissed and 4,600 are defense verdicts, and one-third—27,000—are settlements and 1,400 …
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Nurse practitioner Surani Hayre-Kwan discusses her article “Are you protecting your career? 5 essential questions about your NP liability insurance.” Surani discusses the critical need for nurse practitioners to secure their own …
All medical malpractice lawsuits stem from complications caused by medical interventions. Some complications are random errors of nature, which are unpreventable. Others are systemic medical errors, caused by medical interventions gone astray. Clinically, a medical error and an error of nature are indistinguishable. Herein lies the problem in medical malpractice.
It is not that the inability to differentiate a systemic medical error from a random error of nature is unknown. On …
Risk management has been around for centuries. In ancient times, there were oracles and soothsayers. In the 1950s, risk management became a science. Nevertheless, 75 years later, a medical malpractice lawsuit is still a problem. An unknown number of claims are reviewed by lawyers, but 85,000 lawsuits are represented. Of these, 66.6 percent are frivolous.
It stands to reason that many meritorious cases are reviewed but are never represented. There are …
In ancient times, there were oracles and soothsayers. In the 1950s, risk management becomes a science. Nevertheless, there are 85,000 medical malpractice lawsuits filed per year. They are problematic, not because they overwhelm court dockets, but because a disproportionate number of claims are either frivolous or, if meritorious, are not represented. Also, each physician, myself included, has an 8.5 percent chance per year of being sued for a bad result …
In ancient times, there were oracles and soothsayers. Risk management was not a science until the 1950s. However, a medical malpractice lawsuit is still a problem in need of a skilled risk manager, not an oracle or a soothsayer.
Today, there are 1 million physicians practicing in the U.S. A doctor’s chance of being sued for medical malpractice is 8.5 percent per year, and the chance that this lawsuit has no …
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