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 …
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 …
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 …
“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 …
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 …
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 …
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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, …
In a medical malpractice lawsuit, your defense is completely in the hands of the malpractice carrier, and, make no mistake of it, its interests come first. However, the medical malpractice insurance contract is more instrumental in the defense of a doctor than insurance companies realize. There are clauses in the contract that, at first glance, seem to benefit carriers. However, there is a flip side to each clause.
First Read more…
The prevailing party contract is not the only contract that can protect a doctor in medical malpractice litigation. There is also the doctor-defense counsel contract.
Because of the risk of litigation, doctors often have a contract with a medical malpractice insurance carrier. The carrier offers to cover litigation costs in exchange for premiums, limits on liability, and other terms of coverage. The insurance company is then obligated to appoint and pay …
There are 50,000 medical malpractice lawsuits filed per year. Each doctor has a 5 percent chance of being sued each year, and every doctor will be sued at least once in 20 years. 70 percent of medical malpractice lawsuits are non-meritorious and are dropped. These represent 35,000 frivolous lawsuits. Until now, there is no way to prevent a frivolous medical malpractice lawsuit.
America is a litigious society. The medical liability …
An excerpt from The Mumbo Jumbo Fix: A Survival Guide for Effective Doctor-Patient-Nurse Communication.
Team building is a popular trend in health care. It promotes cooperation, trust and respect, improves communication, and enhances patient outcomes. Most of the time.
But the camaraderie and familiarity of working with the same group of people …
Time of death: unknown.
It was around 6 p.m. on April 21, 2013.
My mom saw my grandfather dying slowly in the hospital bed.
She had pressed the nurse call button frantically over the last 20 minutes.
She rushed to the nurse station only to find out nobody was there.
She went back to my grandfather and spent the last three minutes with him.
She was the one who saw my grandfather’s bpm (beats per minute) …
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A medical malpractice process is a lot like running a marathon.
The analogy makes it easy to understand why physicians are emotionally unready to go through years of litigation and often find themselves struggling.
To successfully make it through the grueling 26.2 miles, a runner has to be well-prepared.
It’s common for runners to join a running group. Sometimes, engage a coach who can help to train smart.
Runners will spend months building up …
In response to a medication administration error that led to the death of a 75-year-old patient, RaDonda Vaught, a registered nurse working in Tennessee, was recently found guilty of criminally negligent homicide and gross negligence of an impaired adult.
As a result, she was sentenced to three years of probation with the promise that her criminal record would be expunged if she successfully completes the sentence.
Months after this …
Lawsuits are conventional in medical practice.
An unhappy patient hires a malpractice attorney, who hires a medical expert, who interprets the standards of care and generalizes a departure from the standards of care and proximate cause. The preponderance of evidence is 50% certainty plus an ill-defined scintilla, which needs to be only 0.01% to be good enough.
The lawyer sues the doctor, who notifies the malpractice carrier, hires a defense counsel, and …
Medical mistakes are as old as the practice of medicine itself, but it wasn’t until 1999 that the United States started paying more attention to them.
Over twenty years later, we may be reducing medical errors — a recent study published in the Journal of the American Medical Association found significant decreases in mistakes in cases of pneumonia, acute myocardial infarction, heart …
That health care in the United States is wildly expensive is beyond debate — but the actual numbers are almost beyond belief. In 2010, for example, health care costs amounted to $2.6-trillion. By 2020, those costs had risen to $4 trillion — an increase of more than 50%. Worse, such increases show no signs of slowing.
Health insurance premiums, out-of-pocket expenses, and direct government expenses all add up to a nearly …
It’s 4 a.m. when a 17-year-old awakens at home with severe left shoulder pain that his worried parents call 911. By the time he reaches the emergency room (ER), he has pain all the way to his wrist.
“Any recent injuries?” asks the doctor.
“Yeah, about three days ago, I was lifting about 200 pounds at the gym and noticed that my shoulder was really sore.”
When questioned further, he admits that he’d …
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