Malpractice
A path to safer health care [PODCAST]
A new approach to health care liability management
There is no shortage of the problems that plague health care. Even so, health law gurus make problems worse by creating the medical liability litigation industry. Gurus deny creating this industry. They create health reforms and tort reforms to solve problems. That explains the Affordable Care Act, 100 tort reforms, the medical liability litigation industry, and difficulties.
Have you …
Will Kaiser Permanente see a spike in medical malpractice from the strike?
The Kaiser Permanente strike, with over 75,000 impacted employees, is the largest health care strike in the history of the United States. CNN reported that the affected workers are represented by a coalition of unions across California, Colorado, Oregon, and Washington and Oregon.
The strike, which is intended to last four days and involves 40 percent of Kaiser Permanente’s staff, could deeply impact patient care. The reality …
Bridging attorneys and doctors: the role of medical/legal consultants
Engaging in medical/legal consulting offers a valuable opportunity to apply your medical training in a non-clinical capacity that genuinely benefits people. Physicians across the nation are increasingly embracing medical/legal consulting as a rewarding part-time endeavor.
Among the array of services that medical/legal consultants offer, one prominent role is that of a liaison between attorneys and treating doctors. Additionally, we occasionally serve as intermediaries between attorneys and families, and more frequently between …
Navigating a malicious medical malpractice lawsuit: a case study
In line with my previous posts that explain how to resolve all medical malpractice lawsuits, especially frivolous ones, at the lowest possible cost for the physician and the malpractice carrier, this article addresses a malicious medical malpractice lawsuit. Malicious lawsuits deserve something more. Not only are they all frivolous, but they should exact a cost from those who seek to profit from them.
The forewarning
On June 19, 2018, a patient …
For orthopedic surgeons, an all-of-the-above approach lowers liability risks
During a total hip replacement, a patient experienced a brisk bleed and a drop in blood pressure that required intervention from the anesthesiologist. There was a discrepancy in the documented estimated blood loss, with the surgeon noting 30 0cc while the anesthesiologist recorded 1100 cc. The patient was hypotensive in the PACU and had a discolored leg with no …
Taking charge of your future by taking charge of medical malpractice suits
Attention all doctors: You can be dismissed from a medical malpractice lawsuit and, at the same time, save 30% on the cost of your medical malpractice premiums per year.
Just as no physician is immune from a complication, none are immune from a resulting malpractice lawsuit. As of now, you stand a 5% chance each year of a medical malpractice lawsuit that has a 70% chance of being frivolous. A 70% …
Proactive risk management: the key to preventing physician burnout and lawsuits [PODCAST]
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Join us in this episode as we delve into the critical issue of physician burnout and its correlation with the threat of lawsuits in the medical field. Our guest, Howard Smith, an obstetrics-gynecology physician, explores the notion that every …
Social inflation’s surge in medical malpractice insurance [PODCAST]
Unveiling the hidden impact of social inflation: Soaring costs for medical professionals revealed
In Philadelphia, a family alleged that a birth injury had led to their baby’s cerebral palsy. They sued Penn Medicine and were awarded $183 million.
In Boise, a jury recently awarded the state’s second-highest-ever award, $13.5 million, in a suit against an emergency medicine group that was filed after a patient was disabled by a stroke. This verdict …
Medical errors and the power of apologies [PODCAST]
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In this episode, we talk to Amber Gipson-Fine, a project manager, about her personal experience with a medical error and the importance of medical apologies. March was Endometriosis Awareness Month, and Amber shares her journey with the …
Proactive risk management: a game-changer in preventing physician burnout
Readers familiar with my earlier posts understand that I believe nothing causes physician burnout more than the threat of a lawsuit. The risk for any doctor is 5% per year; hence, a malpractice suit is inevitable for every 20 years in practice. The common denominator is a complication from which no doctor has immunity.
Those who deny ever being sued are either not practicing long enough or the complication has little …
Doctors: We must fight against frivolous lawsuits
Lawyers assert that they never file a frivolous lawsuit. All malpractice claims are legitimate because there is a reasonable suspicion of fault when a case is filed.
On January 21, 2022, at 11:40 a.m., I received a call from my attorney, who represented me in a frivolous malpractice lawsuit, informing me that I was unconditionally dismissed. I never doubted that dismissal with prejudice was inevitable.
For a lawyer, a …
Don’t be caught off guard: Read your malpractice policy today
We must confess: We both have Apple iPhones and have never read Apple’s user or licensing agreements. Have you? We assume that most of you have not read Apple’s agreements. And like most of you, we ain’t got time for that. We “agree” to the terms, unaware of what is in those documents. Is that a problem?
Right or wrong, we presume that by using Apple’s iPhone, they have access to …
From tragedy to advocacy: a journey through medical errors [PODCAST]
The curious cases of the Tenerife plane crash and medical errors: What we see through the Swiss cheese model
“Even a room with flammable gas will not explode unless someone strikes a match.”
– Dr. Bob Wachter
Case 1:
On March 27, 1977, two 747s collided on the runway at Tenerife in the Canary Islands, killing 583 people. On a foggy morning, the KLM 747 was waiting for clearance to take off. Captain Van Zanten was a well-known pilot with excellent safety records. The KLM crew spotted a Pan Am 747 taxiing …
Don’t hold your breath: Non-competes are unlikely to disappear for physicians
Physician non-compete clauses have been a controversial topic for many years. These clauses within contractual agreements prevent physicians from joining or operating a competing practice within a certain distance or timeframe. With the Federal Trade Commission (FTC) looking into non-compete clauses, many people have wondered whether the FTC will finally end physician non-compete clauses.
On January 5, 2023, the FTC proposed a new rule that would ban employers from imposing …
A tale of medical malpractice, the legal system, and a fight for justice
I have been fortunate in my forty-five-year medical career never to have been sued for the care I delivered to a patient. I attribute this, in part, to being a family physician and having ongoing relationships with my patients and, in part, to being willing to admit to my mistakes if I make them and things turn out badly. I see how gut-wrenching going to court is for doctors so …
Navigating the emotional impact of a medical malpractice lawsuit [PODCAST]
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In this episode, we explore the emotional impact of medical malpractice lawsuits on physicians and how they can navigate the process. Attorney Christine Zharova shares her insights on how these lawsuits can affect relationships with colleagues, staff, …
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