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

Policy
April 2, 2021

The Doctors Company

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 uncertainty around when, if ever, we will see the claims we expected from the care provided just before the pandemic, …

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

How could a patient die from anesthesia for a colonoscopy?

Physician
February 4, 2021

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 into the hospital for a colonoscopy thinking that death is a plausible outcome.

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

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How could a patient die from anesthesia for a colonoscopy?

An introduction to medical-legal consulting

Physician
December 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 looking to do some non-clinical work, in part, to ease the stress of today’s clinical practice.

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

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An introduction to medical-legal consulting

What not to do after a medical mistake

Physician
November 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.

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

Medical error is not the third leading cause of death

Policy
February 17, 2020

Ever since the publication of the infamous 2016 BMJ opinion piece claiming medical error should be considered the third leading cause of death in the U.S., the debate on the true incidence of deaths caused by medical error has been raging. Many, including me, felt the estimate of 251,000 deaths per year from medical error was grossly inflated. For example, the paper extrapolated the number of deaths from …

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Medical error is not the third leading cause of death

Doctor by day, law student by night

Physician
November 16, 2019

I am a middle-aged, full-time emergency physician, and part-time law student. Usually, I practice medicine during the day and attend law classes in the evening. Sometimes I have law classes in the afternoon or early evening then work in the emergency department all night.

So, what’s harder: medical school or law school?

Absolutely the most common question I am asked by physicians, attorneys, and students at all levels of training.

The other most …

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Doctor by day, law student by night

10 reasons why doctors get sued

Physician
August 17, 2019

The one thing doctors want to avoid like the plague is a lawsuit — a medical malpractice lawsuit.

To be sued means the doctor loses precious time from work, endures emotional personal and family distress and is unable to fully invest oneself in providing the very best medical care possible. It is a dark cloud that hovers over the majority of physicians at least once in their lives. Some medical specialties, …

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10 reasons why doctors get sued

How a Minnesota Supreme Court decision could affect curbside consults

Physician
May 16, 2019

“In a case that could have wide-reaching implications for medical practice in Minnesota, the Minnesota Supreme Court issued a ruling on April 17 in the case of Warren v. Dinter holding that the existence of a physician-patient relationship is not a prerequisite for a medical malpractice action. Rather, a person may sue a physician for malpractice – even if that person was not a patient of the physician – if the harm …

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How a Minnesota Supreme Court decision could affect curbside consults

A patient sues when a DNR is ignored

Physician
December 23, 2018

A New Mexico woman, suffering from Dercum’s disease (adiposis dolorosa) which causes painful fatty tumors, is suing a Santa Fe hospital and an emergency physician claiming she was the victim of two negligent acts in 2016.

One, according to the Albuquerque Journal, she told hospital personnel she was allergic to Dilaudid but went into cardiac arrest after receiving an injection of the drug.

Two, despite the presence of a lawfully …

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A patient sues when a DNR is ignored

Care but don’t touch: Being wise in the modern era

Physician
October 17, 2018

The medicine I practiced between 1974 to 1992 is gone. Evidence is the coin of the realm in the courts of modern medicine. The rule “first, do no harm” demands a corollary — be paranoid.

We receive extensive training and licensure to “touch” patients. Any person who is not a physician who cuts into another person commits a very serious crime. The same is true for merely talking with a person, …

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Care but don’t touch: Being wise in the modern era

When should insurance companies be held responsible for medical malpractice?

Physician
September 25, 2018

In July, 2009, the family of Massachusetts teenager Yarushka Rivera went to their local Walgreens to pick up Topomax, an anti-seizure drug that had been keeping her epilepsy in check for years. Rivera had insurance coverage through MassHealth, the state’s Medicaid insurance program for low-income children, and never ran into obstacles obtaining this life-saving medication.

But in July of 2009, she turned 19, and when, shortly after her birthday, her family …

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When should insurance companies be held responsible for medical malpractice?

5 ways to live through medical malpractice lawsuits

Physician
June 8, 2018

Nothing troubles physicians more than an unforeseen outcome and a malpractice lawsuit. It cracks open self-doubts and assumptions about medicine and may be life-changing.

It commonly fuels burnout, loss of confidence, PTSD and early retirement. And there are links to depression and physician suicide.

There’s another side to this story, though. Like all of life’s great challenges, a patient’s unexpected loss, and professional litigation present us with huge opportunities for growth.

I am …

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5 ways to live through medical malpractice lawsuits

The unjust prosecution of physicians is not unique

Policy
February 28, 2018

Dr. Pramela Ganji had just finished her lunch when she was told that the appellate court had reversed and vacated her conviction.  At first, she didn’t believe it.   

After all, this whole experience had been surreal.  Dr. Ganji, a 68-year-old well-respected medical doctor and married mother of 3 children, had practiced medicine for 40 years without incident.  Her patients loved her, and she had dedicated her life to helping others. …

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The unjust prosecution of physicians is not unique

A physician was the victim of malpractice. Here’s her story.

Physician
March 31, 2017

I’m not here to tattle. No siree, Bob. I’ll save that for my kids. But what I am here to do is spell out a story in which I ended up down in the dumps.

A medical mistake happened. To me. On me.

I’ll never forget it. I can’t because I carry it with me forever.

Here’s the short of the long:

My obstetrician messed up. She took care of my pregnancy during one of the most …

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A physician was the victim of malpractice. Here’s her story.

The blame game: It’s not alright to blame the patient

Physician
February 14, 2017

Most of the lawsuits I deal with have more than one named defendant. For example, the plaintiff (typically a deceased patient’s next of kin) might sue a hospital, a nursing home, and the attending physician at each facility. Sometimes they go a bit further and may even include the administrator, the director of nursing, and individual HCPs, such as the wound care nurse or the registered dietitian nutritionist.

When a lawsuit …

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The blame game: It’s not alright to blame the patient

A physician experiences a medical error. Here’s her story.

Physician
October 4, 2016

As a physician, I knew exactly what was happening when I walked into the emergency room. My eyes were nearly swollen shut. My throat was closing. I was in the midst of a severe allergic reaction known as anaphylaxis. I urgently needed epinephrine, a potent medicine that could halt my life-threatening symptoms. When I told the nurse what was happening, she rushed me to the trauma room where doctors and nurses encircled …

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A physician experiences a medical error. Here’s her story.

Hyperbole is seldom helpful. Especially when it comes to medical errors.

Physician
May 29, 2016

Josef Stalin famously said: “One death is a tragedy; one million is a statistic.” Perhaps 250,000 preventable deaths from medical errors, according to an analysis by Makary and Daniel in the BMJ, maketh a Stalin.

The problem with Makary’s analysis, which also concluded that medical errors are the third leading cause of death, isn’t the method. Yes, the method …

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Hyperbole is seldom helpful. Especially when it comes to medical errors.

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