<span itemprop="author">Howard Smith, MD

Author's posts

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 la…

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 resulti…

Is chaos in health care leading us towards socialized medicine? How physician burnout is a catalyst.

A recurring theme expressed by many contributors and commentators to KevinMD is physician burnout. It is generally accepted that chaos causes burnout. There is no shortage of chaos in the practice of medicine: emotional, physical, personal, professiona…

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 com…

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 represente…

Insurance company vs. doctor: How the defense and settlement provisions in malpractice contracts favor carriers

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 doc…

The importance of a clear contract with your defense counsel in medical malpractice cases

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 malpr…

How to prevent a frivolous medical malpractice lawsuit

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 dr…

Breaking the vicious cycle of medical malpractice lawsuits

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 preponderan…