Author's posts
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 proliferatio…
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 verd…
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…
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 le…
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 i…
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 f…
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 t…
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 unde…
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…
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 p…
