Malpractice and medical liability

1,592 articles · Since 2004

Articles, page 11

Medical errors? Sorry, not sorry.

January 2, 2022Jan 2, 2022

You know that feeling you get from an insincere apology? Your stomach flip-flops. Your heart pounds. You feel irritated, disgusted even. A vague dissonance nags at you. It's the same disorienting feeling you get from an insult wrapped in a…

You know that feeling you get from an insincere apology? Your stomach flip-flops. Your heart pounds. You feel irritated, disgusted even. A vague dissonance nags at you. It’s the same disorienting feeling you get from an insult wrapped in a compliment. Or from realizing you’ve been scammed, and the perpetrator got away. That feeling.

Non-apology apologies are easy to identify. They’re the I’m sorry but, the sorry you feel that, the …

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Medical errors? Sorry, not sorry.

Physician voices

How telemedicine ruined a physician’s career

Anonymous

December 29, 2021Dec 29, 20213

Doing side gigs is in vogue now. I want to tell you my story. It has to do with how one of the leading telemedicine companies ruined my career. I hope that my story will help many of you navigate…

Doing side gigs is in vogue now. I want to tell you my story. It has to do with how one of the leading telemedicine companies ruined my career. I hope that my story will help many of you navigate this tough economy, especially those who are coming out of residency.

I started working as an independent contractor about ten years ago when it first came to the forefront. I worked …

The Podcast by KevinMD

Physician communication using the tools of a trial attorney [PODCAST]

The Podcast by KevinMD

November 29, 2021Nov 29, 2021

"For twenty years, I defended doctors when they were sued, and now I coach female leaders from all industries on how to advocate for themselves and their potential with the tools of a trial lawyer. I know that when doctors…

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“For twenty years, I defended doctors when they were sued, and now I coach female leaders from all industries on how to advocate for themselves and their potential with the tools of a trial lawyer. I know that when doctors are exhausted, distracted and powerless they’re more likely to …

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The Podcast by KevinMD

Mitigating risks from care during COVID-19 [PODCAST]

The Doctors Company & The Podcast by KevinMD

November 5, 2021Nov 5, 2021

"We have observed that delays in screenings and intervention for patients with certain common chronic conditions can contribute to claims. Now, clinicians have the opportunity to identify patients whose conditions merit priority contact, such as those with cardiac conditions, those…

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“We have observed that delays in screenings and intervention for patients with certain common chronic conditions can contribute to claims. Now, clinicians have the opportunity to identify patients whose conditions merit priority contact, such as those with cardiac conditions, those on blood pressure medication, or those with diabetes, and …

Health policy

Medical malpractice: Don’t let the minority define us

Shah-Naz H. Khan, MD

September 16, 2021Sep 16, 20214

When we shake our heads at the snake oil salesmen of yesteryears and wonder how the people then could have been so naïve as to fall for the crude shenanigans, we are wearing blinders with our eyes wide open. Malpractice remains alive and well. Those who care can cite many causes for this blight in our profession. The frequent targets of a doctor’s pointing accusatory finger are the greedy insurance …

Physician voices

Your best defense? Don’t play by the rules in a medical malpractice case.

Howard Smith, MD

September 4, 2021Sep 4, 2021

Unfortunate outcomes are inevitable even when practicing quality medicine. Most are random events, but some are medical errors. The majority of physicians have been sued and those, who have not, will be. Common to all defendants is that the lawsuit…

To be fallacious, the outcome of a medical intervention must be an unpreventable random mal-occurrence. This is the only alternative to a medical error. Nevertheless, there is a …

The Podcast by KevinMD

A physician takes action against an expert witness [PODCAST]

The Podcast by KevinMD

August 30, 2021Aug 30, 2021

"I bring this to your attention because, in 1971, I took an oath to impart precept, oral instruction, and all other instruction to all indentured pupils who have taken the Healer’s Oath. Having done so, if it strikes you that,…

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“I bring this to your attention because, in 1971, I took an oath to impart precept, oral instruction, and all other instruction to all indentured pupils who have taken the Healer’s Oath. Having done so, if it strikes you that, during the aforementioned trial, an opportunity was missed, only to be rectified by …

Physician voices

Rethinking tort reform in the wake of the pandemic

Eric Dessner, MD

August 3, 2021Aug 3, 20212

We had a bit of a reprieve, but now it's over. The chorus of pots and pans that applauded our efforts during the height of the pandemic has long since faded into silence. The brassware has been put back in…

We had a bit of a reprieve, but now it’s over. The chorus of pots and pans that applauded our efforts during the height of the pandemic has long since faded into silence. The brassware has been put back in the cupboard, and the chest-thumping of the American malpractice gorilla has come back into focus, even louder than ever.

Just flip on the television. Personal injury solicitations

…

Physician voices

A counterintuitive strategy when you are sued for medical malpractice

Howard Smith, MD

July 8, 2021Jul 8, 2021

Most physicians have been defendants in lawsuits. Plaintiff experts almost always have a feeding frenzy. In truth, expert witnesses are held to codes of conduct about remaining objective and avoiding partisanship or advocacy. Yet, should the verdict favor defendants, these experts, except for deserving the term “hired guns,” are rarely, if ever, held accountable for their feeding frenzy, which conflicts with their ethical obligations.

I want to share my experience. I independently …

The Podcast by KevinMD

Malpractice claims from the COVID-19 pandemic [PODCAST]

The Podcast by KevinMD

June 22, 2021Jun 22, 2021

"We won’t know until 2022 or later whether there will be an increase in claims related to the pandemic. When a medical error occurs, it’s not like an automobile accident. Everybody nearby knows when there’s been an automobile accident because…

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“We won’t know until 2022 or later whether there will be an increase in claims related to the pandemic. When a medical error occurs, it’s not like an automobile accident. Everybody nearby knows when there’s been an automobile accident because they hear screeching tires, a loud crash, and then sirens. But …

Physician voices

This doctor has post-litigation stress disorder

Maryanna Barrett, MD

May 10, 2021May 10, 20212

I am sure that I have post-litigation stress disorder. It does not actually exist yet as a recognized disorder, but I definitely have it. You know what else? Countless other physicians have it too. We don't talk about it. Besides…

I am sure that I have post-litigation stress disorder. It does not actually exist yet as a recognized disorder, but I definitely have it.

You know what else? Countless other physicians have it too.

We don’t talk about it. Besides the fact that lawyers forbid you to speak of ongoing litigation to anyone, especially colleagues, there is such a culture of shame surrounding this subject. Although we now live in a world …

Physician voices

How reviewing medical malpractice claims made me a better gastroenterologist [PODCAST]

The Podcast by KevinMD

May 5, 2021May 5, 2021

"When a patient is dissatisfied with his or her care, he or she can consult an attorney, who will enlist a physician 'expert' to determine if a doctor has deviated from the standard of care and whether that deviation caused…

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“When a patient is dissatisfied with his or her care, he or she can consult an attorney, who will enlist a physician ‘expert’ to determine if a doctor has deviated from the standard of care and whether that deviation caused a negative outcome. Over the past decade of reviewing cases involving …

Physician voices

A physician applies to law school. Here is her application essay.

Cathleen London, MD

April 7, 2021Apr 7, 20215

I have been a physician for 26 years. I have been a fierce patient advocate throughout my entire career. It never occurred to me that physicians do not have the same rights of citizenship that the very patients I fight for do. I always thought I lived in a democracy. Medicine is not what it used to be. Articles relentlessly speak of physician burnout as though we are responsible for …

Conditions and diseases

How reviewing medical malpractice claims made me a better gastroenterologist

Scott Choi, MD

April 5, 2021Apr 5, 2021

When a patient is dissatisfied with his or her care, he or she can consult an attorney, who will enlist a physician “expert” to determine if a doctor has deviated from the standard of care and whether that deviation caused a negative outcome. Over the past decade of reviewing cases involving medical malpractice, I have identified five categories of medical error, which has improved how I care for my patients.

1. …

Health policy

Malpractice claims from the COVID-19 pandemic: more questions than answers

Robert E. White, Jr. & The Doctors Company

April 2, 2021Apr 2, 2021

The pandemic has raised pressing questions around preventive measures, vaccines, and safe treatment, but it has also obscured one key lingering uncertainty for medical professionals: Where are all the medical malpractice claims? A variety of factors create a cloud of…

A variety of factors create a cloud of uncertainty around when, if ever, we will see the claims we expected from the care provided just before the pandemic, much less claims deriving from care during the pandemic of both …

Physician voices

How could a patient die from anesthesia for a colonoscopy?

Karen S. Sibert, MD

February 4, 2021Feb 4, 20214

Every death related to anesthesia is a tragedy; even more so when a minor procedure such as a colonoscopy leads to a completely unexpected death. Everyone knows that open heart surgery carries a mortality risk, but few of us walk…

We know so few facts at this point about what happened on January 21 at Beaumont Royal Oak …

Physician voices

An introduction to medical-legal consulting

Armin Feldman, MD

December 20, 2020Dec 20, 2020

As many of you know, burnout is an increasingly serious problem for physicians, affecting over 50 percent of clinicians in some studies conducted before our current COVID-19 pandemic. In fact, in an interesting study, one of every four physicians is…

In one survey just completed, more than 48 percent of physicians reported that since the …

Physician voices

This physician is retiring. Here’s his most valuable lesson.

Mark Lopatin, MD

December 15, 2020Dec 15, 2020

In a few weeks, I will be retiring. After 31 years and more than 100,000 patient visits, I will be hanging up my stethoscope. Over the years, there have been tremendous highs but also horrible lows. The latter includes having been victimized by a frivolous lawsuit where my patient suffered injuries attributed to a medicine prescribed by another doctor. I was named in the suit, simply …

Physician voices

How this surgeon beat a medical staff disciplinary action

Barney Cohen, Esq

December 6, 2020Dec 6, 2020

I recently represented a physician in a noteworthy peer review case at an academic medical center. The medical staff president initiated a complaint against a surgeon, who would later become my client. The complaint was that the surgeon inappropriately collected cash payment from an uninsured patient at the hospital’s point of service instead of having his office invoice and collect payment from the patient. The medical staff felt this was …

Physician voices

What not to do after a medical mistake

Pamela Wible, MD

November 10, 2020Nov 10, 2020

If you are a doctor (or med student/health professional) and are human, you've probably made a medical mistake. You've probably not received emotional support for the mistake. Maybe you've never told anyone about a mistake that still haunts you today.…

If you are a doctor (or med student/health professional) and are human, you’ve probably made a medical mistake. You’ve probably not received emotional support for the mistake. Maybe you’ve never told anyone about a mistake that still haunts you today.

The truth is that almost all physicians have admitted to medical mistakes sometime in their careers. Depending on the patient outcome, many doctors carry the distress of medical errors for months, …

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What not to do after a medical mistake

Malpractice and medical liability

Articles, page 11

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