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Malpractice and medical liability

1,592 articles · Since 2004

Articles, page 15

Patient voices

Tips for patients to help ensure an accurate diagnosis

111

If you weren’t aware of the prevalence and severity of diagnostic errors, (misdiagnosis, missed diagnosis, delayed diagnosis) maybe you should be now. The Institute of Medicine (IOM) released a new report called, Improving Diagnosis in Health Care. The report cited…

If you weren’t aware of the prevalence and severity of diagnostic errors, (misdiagnosis, missed diagnosis, delayed diagnosis) maybe you should be now.

The Institute of Medicine (IOM) released a new report called, Improving Diagnosis in Health Care. The report cited that most people will experience one or more diagnostic errors over their lifetimes. It also revealed that diagnostic errors contribute to 10 percent of patient deaths and account for up …

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Tips for patients to help ensure an accurate diagnosis

Physician voices

It’s time for health care to stand up to medical errors. Will we?

27

It’s been over a year since my older sister Anna died, so I choke up less readily while speaking about it. The raw anger is less, but the frustration of losing someone to a preventable medical mistake will always remain…

It’s been over a year since my older sister Anna died, so I choke up less readily while speaking about it.  The raw anger is less, but the frustration of losing someone to a preventable medical mistake will always remain with me.   Anna was five years older than me, my only sister, and the one I often turned to for advice. We were close despite living 600+ miles apart.  She …

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It’s time for health care to stand up to medical errors. Will we?

Physician voices

The time for medical liability reform is now. Here’s why.

36

Have you been injured? Call us at this number! You may be entitled to a reward! We have all seen these advertisements on TV. Our society has become conditioned to expect perfection. If a patient suffers a known complication from…

Have you been injured? Call us at this number! You may be entitled to a reward!

We have all seen these advertisements on TV. Our society has become conditioned to expect perfection. If a patient suffers a known complication from a condition or dies, there is a feeling that someone must be held accountable — even if everything was done perfectly from a medical standpoint. Medical malpractice litigation has exploded over …

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The time for medical liability reform is now. Here’s why.

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Physician voices

How to survive the stress of a medical liability lawsuit

5

Imagine the scene: You’re in your busy office on a typical day when a letter arrives -- a letter of intent. A patient is suing you for malpractice. From the moment you receive that letter, everything changes. The malpractice claim…

Imagine the scene: You’re in your busy office on a typical day when a letter arrives — a letter of intent. A patient is suing you for malpractice.

From the moment you receive that letter, everything changes. The malpractice claim begins to affect all aspects of your life. You don’t sleep well. You don’t interact well with family members, friends, or colleagues. You …

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How to survive the stress of a medical liability lawsuit

Physician voices

The sad story of how “never events” prevent obese patients from getting new hips

104

Daytime TV advertising is dominated by two players. Pharmaceutical companies with direct to consumer pitches and the so-called "toxic tort." How confusing it must be to the average person to see a new drug pushed by one commercial, to be…

Daytime TV advertising is dominated by two players. Pharmaceutical companies with direct to consumer pitches and the so-called “toxic tort.” How confusing it must be to the average person to see a new drug pushed by one commercial, to be immediately followed by another commercial from a lawyer trying to sue for the known side effects of the exact same drug. It …

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The sad story of how “never events” prevent obese patients from getting new hips

Physician voices

How I got 86% off my malpractice insurance. Now, you can too!

9

I’m a physician entrepreneur. In 1998, I opened my first clinic. My malpractice: $500 per year. Then I tried life as an employed physician. Hated it. So in 2005, I opened my ideal clinic. Best. Job. Ever. My malpractice: $1,230…

I’m a physician entrepreneur. In 1998, I opened my first clinic. My malpractice: $500 per year. Then I tried life as an employed physician. Hated it. So in 2005, I opened my ideal clinic. Best. Job. Ever. My malpractice: $1,230 per year. Want low premiums? Here’s how I did it.

A quick tutorial. New malpractice policies mature over five years. So the first …

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How I got 86% off my malpractice insurance. Now, you can too!

A patient secretly records his colonoscopy. It cost this doctor her job.

303

A patient undergoing a colonoscopy pressed "record" on his smartphone before being sedated, hoping to capture instructions from his physicians after the procedure. What he heard instead was shocking: "In addition to their vicious commentary, the doctors discussed avoiding the…

A patient undergoing a colonoscopy pressed “record” on his smartphone before being sedated, hoping to capture instructions from his physicians after the procedure.  What he heard instead was shocking: “In addition to their vicious commentary, the doctors discussed avoiding the man after the colonoscopy, instructing an assistant to lie to him, and then placed a false diagnosis on his chart.”

The incident cost his …

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A patient secretly records his colonoscopy. It cost this doctor her job.

Physician voices

Following evidence-based guidelines won’t protect you from malpractice

27

The best way to avoid being sued for malpractice is to make certain that all your patients are happy and all their outcomes are good. Reality is seldom so rosy. Patients aren’t necessarily happy even when their clinical outcomes are…

The best way to avoid being sued for malpractice is to make certain that all your patients are happy and all their outcomes are good.

Reality is seldom so rosy. Patients aren’t necessarily happy even when their clinical outcomes are as good as they can get. In the event of an undesired outcome, an unhappy patient may easily become a litigious one. A 2011 study in the New England Journal …

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Following evidence-based guidelines won’t protect you from malpractice

Health policy

We’re losing the war on error. And here’s why.

27

The war on medical error was officially launched in 1999, when the Institute of Medicine (IOM) published its landmark report To Err is Human, alleging that up to 98,000 yearly deaths in US hospitals were due to human missteps. Despite…

The war on medical error was officially launched in 1999, when the Institute of Medicine (IOM) published its landmark report To Err is Human, alleging that up to 98,000 yearly deaths in US hospitals were due to human missteps.

Despite significant ambiguities in the definition of a medical error, numerous militias known as patient safety organizations …

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We’re losing the war on error. And here’s why.

Physician voices

Tips to avoid medical errors in the emergency department

4

Emergency medicine physicians: Could these be your cases? A 35-year-old presents with shortness of breath and numbness to the legs. CXR and EKG are normal. She is discharged to see her doctor in two days, but is found dead at…

Emergency medicine physicians: Could these be your cases?

  • A 35-year-old presents with shortness of breath and numbness to the legs. CXR and EKG are normal. She is discharged to see her doctor in two days, but is found dead at home. Autopsy reveals a dissecting aortic aneurysm.
  • A 15-month-old is triaged to fast track and seen by a physician assistant for fever, lethargy,

…

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Tips to avoid medical errors in the emergency department

Physician voices

Why safe harbors for medical malpractice are DOA

2

Several months ago, Physician's Weekly featured an article describing a bill that was introduced into the House of Representatives called H.R. 1406: The Saving Lives, Saving Costs Act. It would create a "safe harbor" for physicians who could show that…

Several months ago, Physician’s Weekly featured an article describing a bill that was introduced into the House of Representatives called H.R. 1406: The Saving Lives, Saving Costs Act. It would create a “safe harbor” for physicians who could show that they followed best practice guidelines when faced with a malpractice suit. At the end of the piece, a question was asked, “Do you think this bill will help safeguard physicians against …

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Why safe harbors for medical malpractice are DOA

Physician voices

After a verdict: Doctors need to be taught a lesson. Really?

11

Recently, a jury awarded a young California resident $28.2 million for a delayed diagnosis of a pelvic tumor. The jury found Kaiser Permanente (KP) negligent. Doctors in the system, touted to be one of the finest systems by the president,…

Recently, a jury awarded a young California resident $28.2 million for a delayed diagnosis of a pelvic tumor. The jury found Kaiser Permanente (KP) negligent. Doctors in the system, touted to be one of the finest systems by the president, allegedly refused an immediate MRI for back pain in a 17 year old. The patient eventually received an MRI three months after …

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After a verdict: Doctors need to be taught a lesson. Really?

Health policy

Medical malpractice reform won’t save money

14

Two problems loom large over the American medical care system. First, we spend outrageous amounts of money on health care, with too many patients receiving too many services at too high a price. Second, our malpractice system is an international…

Two problems loom large over the American medical care system. First, we spend outrageous amounts of money on health care, with too many patients receiving too many services at too high a price. Second, our malpractice system is an international embarrassment, with too many health care providers sued by too many patients for too little reason.

Many experts have pointed out that these problems are two sides of the same coin. …

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Medical malpractice reform won’t save money

Physician voices

What we can learn from cardiology-related malpractice claims

In anticipation of American Heart Month, an examination of the liability risks faced by cardiologists was recently undertaken by The Doctors Company, the nation’s largest physician-owned medical malpractice insurer. This analysis of 429 closed cardiology claims from 2007 to 2013…

In anticipation of American Heart Month, an examination of the liability risks faced by cardiologists was recently undertaken by The Doctors Company, the nation’s largest physician-owned medical malpractice insurer. This analysis of 429 closed cardiology claims from 2007 to 2013 revealed that the most common patient allegations against cardiologists and other clinicians were diagnostic errors, followed closely by procedural or surgical mishaps. This data is of particular interest to cardiologists, …

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What we can learn from cardiology-related malpractice claims

Physician voices

Are safe harbors the answer to medical malpractice?

8

With the endless appearance of medical malpractice solutions in the press, any reader would think we have the answers to the logjam -- but no will to implement them. If you follow the topic, you know every proposal has flaws…

With the endless appearance of medical malpractice solutions in the press, any reader would think we have the answers to the logjam — but no will to implement them.  If you follow the topic, you know every proposal has flaws and limited applications as they relate to individual states or delivery systems.

The worst offender seems to be safe harbor protections (i.e., “follow the …

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Are safe harbors the answer to medical malpractice?

Health technology

EMRs can hurt physicians during lawsuits. Here’s how.

4

While the electronic medical record (EMR) has advantages, it also has introduced liability risks. EMRs can lead to lawsuits or result in a weak defense by casting the physician in an unfavorable light. For example, examine these exchanges in a…

While the electronic medical record (EMR) has advantages, it also has introduced liability risks. EMRs can lead to lawsuits or result in a weak defense by casting the physician in an unfavorable light.

For example, examine these exchanges in a recent malpractice trial:

  • Plaintiff attorney: Doctor, if the emergency renal consult was called in at 11:30, why did you wait until 6 p.m.

…

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EMRs can hurt physicians during lawsuits. Here’s how.

Physician voices

Joan Rivers: What should the anesthesiologist have done?

3

New York Post reporter Susan Edelman revealed the name of the unfortunate anesthesiologist allegedly present on August 28 at Yorkville Endoscopy, during the throat procedure that led to the death of comedian Joan Rivers. She is reported to be Renuka…

New York Post reporter Susan Edelman revealed the name of the unfortunate anesthesiologist allegedly present on August 28 at Yorkville Endoscopy, during the throat procedure that led to the death of comedian Joan Rivers. She is reported to be Renuka Reddy Bankulla, MD, 47, a board-certified anesthesiologist from New Rochelle, NY.

Having her name made public will be a nightmare for Dr. Bankulla, as …

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Joan Rivers: What should the anesthesiologist have done?

Physician voices

Fix the problem of expert testimony

Dostoevsky's Brother's Karamazov cleverly spoofs the careless inexpertness of what often passes for expert legal testimony. Three medical experts are called to testify whether Dmitri Karamazov was sane or insane when committing the alleged murder of his father. Naturally, the…

Dostoevsky’s Brother’s Karamazov cleverly spoofs the careless inexpertness of what often passes for expert legal testimony.

Three medical experts are called to testify whether Dmitri Karamazov was sane or insane when committing the alleged murder of his father. Naturally, the experts all disagree, with each completely convinced of the incontrovertible truth of his own opinion. Expert 1 finds Dmitri insane because he looked to the left as he entered the courtroom. Expert …

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Fix the problem of expert testimony

Physician voices

Medical errors: We can’t trust doctors to get it right

55

These words from Montaigne are 350 years old, but, sadly, too often they describe the results of modern medicine, particularly when it is mindlessly applied in a needlessly heroic way to the end of life. I spend a lot of…

“If doctors do no other good, they at least prepare their patients early for death, undermining little by little and cutting off their enjoyment of life.”

These words from Montaigne are 350 years old, but, sadly, too often they describe the results of modern medicine, particularly when it is mindlessly applied in a needlessly heroic way to the end of life.

I spend …

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Medical errors: We can’t trust doctors to get it right

Physician voices

Hospitals have to strive for zero harm

The safety concerns that keep clinicians awake at night often aren't issues that you could fit onto a safety and quality dashboard. They aren't the kinds of things that feed metrics on the CMS Hospital Compare website or any of…

The safety concerns that keep clinicians awake at night often aren’t issues that you could fit onto a safety and quality dashboard. They aren’t the kinds of things that feed metrics on the CMS Hospital Compare website or any of the other sources of publicly reported quality measures. They are intensely local, and no less important for being so.

This reminder came to me recently during a quarterly meeting of Comprehensive Unit-based …

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Hospitals have to strive for zero harm

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