Malpractice
The truth about medical lawsuits: What the numbers reveal
For two years, I have used this venue to expose medical malpractice litigation as a serious threat to society and the medical profession. From your responses, I conclude that patients and doctors are ready for a paradigm shift. Two elements are essential: rational decision-making and stakeholders like yourselves who care. I have the decision-making model, and you have the desire. However, you are paralyzed by hopelessness.
Meanwhile, 85,000 medical malpractice lawsuits …
How a negligent dentist almost killed my wife
An excerpt from Judas Dentistry: How Dentists Scorn Science, Break the Hippocratic Oath, and Wreck Their Patients’ Minds and Bodies.
Our kindly dentist almost killed my wife, Judy. During her late teens, she had a single front tooth destroyed in an auto accident. So this dentist carved the teeth on either side to support a bridge. When these died, he drilled and mummified them into “root canals.” As the years …
The flaw with medical malpractice litigation
There is a serious flaw in medical malpractice litigation, and it is not what you may think. My post about a hypothetical medical malpractice case is not hypothetical but emblematic of the flaw. Medical staff at a major hospital in Washington, DC, did depart from applicable standards of care regarding limb salvage. The patient is actually a 78-year-old family member who suffers septic shock and a left above-the-knee amputation. There …
Why most medical malpractice claims never see a courtroom
In my research on the case selection criteria used by plaintiff medical malpractice attorneys, one very prominent plaintiff attorney in Maryland spills the beans. He proudly proclaims, “We, who are plaintiff attorneys, take on medical malpractice caused by doctors, but we only accept 1 out of every 37.5 cases we review.” This is done unselfishly and without appreciation.
Seen another way, 87,000 medical malpractice cases are filed every year in the …
How medical malpractice lawsuits are silencing good doctors
In Gerald Green’s The Last Angry Man, Dr. Samuel Abelman is a general practitioner in the twilight of a career that spans fifty years of commitment to patients.
The time is the 1950s, and the place is Brooklyn, NY. The problem is the proliferation of medical specialties.
Although most of his colleagues regard specialization as a greater good because it promises better-trained physicians, Dr. Abelman sees specialization as antithetical to his …
An infamous medical malpractice case
Byrom vs. Johns Hopkins Bayview Medical Center, a lawsuit tried in Maryland in July 2019, is this infamous case. It concerns the failure to perform a cesarean section and brain damage in a 25-week-old infant. It resulted in the largest malpractice verdict ever recorded in the United States, $229 million.
After the trial, a spokesperson for Johns Hopkins revealed that the discussion of some facts during the trial was limited by …
A hypothetical case of medical malpractice. This can be you.
A patient presents to the emergency room of a major local hospital with ulcers on the heels of both feet. The patient is more than 40 years old, smokes, and has hypertension but is not a diabetic.
It is determined that the patient has peripheral artery disease. The patient is admitted to Dr. X’s service. Dr. X is a vascular surgeon with a special interest in endovascular devices for peripheral artery …
Plaintiff attorneys and their contingency fees: causes of chaos in medical malpractice litigation
In the English Rule, the losing party in a lawsuit pays all legal costs. It is accepted worldwide; however, in the United States, it was replaced by the American Rule. In the American Rule, both the plaintiff and defendant in a lawsuit pay their own legal costs. Of course, there are exceptions.
In theory, the American Rule encourages meritorious lawsuits and discourages frivolous and even malicious ones. It is noteworthy that, …
Rise of mega payouts: Physicians are now the white whales
In recent years, malpractice attorneys have intensified their efforts to target physicians, becoming more aggressive in their pursuit of legal action. This relentless pursuit can be likened to Captain Ahab’s relentless quest for the white whale in the famous novel Moby Dick. The landscape has become increasingly challenging for physicians, as recent tort reform legislation in numerous states is rolling back the protections they once enjoyed. This unsettling trend underscores …
Physician scrutiny: legal challenges and career impact [PODCAST]
Malpractice lawsuits: a data-driven approach to risk management
The first book I ever read was The Last Angry Man. I could never have imagined then how it would influence me now.
It is about a fictional character, Dr. Samuel Abelman. He is a general practitioner practicing in New York City during the 1950s. He is in the twilight of a career that spans fifty years of commitment to the Hippocratic Oath.
In the 1950s, the emerging professional trend is specialization. …
Steps to take so that a medical malpractice lawsuit is decided from unbiased opinions
Today, the conventional rules that medical experts use to evaluate the merits of a malpractice lawsuit are established by attorneys, not doctors. These rules are based on inductive reasoning. Inductive reasoning is acceptable except for one thing; it forgives threats to validity. Although the premises are true, the conclusions are influenced by bias. The rules are as follows:
There are four categories of evidence:
- The disputed treatment represents a medical error.
…
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Just culture and medical errors [PODCAST]
When medicine meets law: Mastering malpractice suits with scientific methods
When you are sued for medical malpractice, your malpractice carrier establishes your duties to it, and your lawyer establishes your duties to him or her. Let me be clear – when you are sued for medical malpractice, you have no greater duty than to yourself. A duty is a commitment or an expectation on you to perform properly in accordance with certain circumstances. A duty may arise from a system …
Why physicians should care about the False Claims Act [PODCAST]
Subscribe to The Podcast by KevinMD. Catch up on old episodes!
Our guest, Scott Ellner, a general surgeon, shares insights and real-life stories that shed light on the challenges health care providers face when financial incentives clash with patient-centered care. We’ll explore the impact of wasteful spending, the …
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Discover the hidden world of state medical board complaints
In a world of 24/7 news coverage often highlighting high-verdict medical malpractice cases, few physicians know about thousands of complaints that undergo review by state medical boards each year. Most complaints are filed by patients and/or family members, malpractice payment reports by insurance companies, and actions by other state medical boards. In North Carolina, where I practice, nearly 3,000 complaints were filed in 2021, 1,835 of which were filed …
From now on, doctors will not be thrown under the bus when they are sued for medical malpractice
I am an OB/GYN and no stranger to malpractice litigation. As beleaguered as you may feel when you are sued for medical malpractice, the next hurdle to conquer after you are served is when you realize that your own attorney is prepared to throw you under the bus.
You do not deserve this. Whether a complication is an error of nature or a medical error, a complication always precedes a lawsuit. …
Humanism in health care: How to address patient harm
I want to preface this story by stating that Sarah has given written authorization to share her story, allowing my colleague and me to transform a challenging experience into a valuable lesson in the inevitability of mistakes and the profound capacity for forgiveness and growth.
Ten years ago, I was approached by a distressed physician and colleague who had unintentionally harmed a patient during the course of an elective colon operation. …
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A scientific approach to malpractice defense
There has always been a “fight club” because there have always been medical malpractice lawsuits. They are predicated on complications, either errors of nature or medical errors, and no doctor is immune. In the United States, roughly 85,000 medical malpractice lawsuits are filed per year, and there are 1 million doctors. For any doctor, the background risk for a medical malpractice lawsuit is 8.5% per year.
Are these statistics acceptable to …
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Past Week
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The silent toll of ICE raids on U.S. patient care
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Why recovery after illness demands dignity, not suspicion
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Addressing the physician shortage: How AI can help, not replace
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Make cognitive testing as routine as a blood pressure check
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