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

Author's posts

When errors of nature are treated as medical negligence

Risk management has been around for centuries. In ancient times, there were oracles and soothsayers. In the 1950s, risk management became a science. Nevertheless, 75 years later, a medical malpractice lawsuit is still a problem. An unknown number of cl…

How physicians can reclaim control over medical malpractice risks

In ancient times, there were oracles and soothsayers. In the 1950s, risk management becomes a science. Nevertheless, there are 85,000 medical malpractice lawsuits filed per year. They are problematic, not because they overwhelm court dockets, but becau…

The hidden cost of malpractice: Why doctors are losing control

In ancient times, there were oracles and soothsayers. Risk management was not a science until the 1950s. However, a medical malpractice lawsuit is still a problem in need of a skilled risk manager, not an oracle or a soothsayer. Today, there are 1 mill…

Why no medical malpractice firm responded to my scientific protocol

Doctors are plagued by medical malpractice lawsuits. Every year, there are 85,000 lawsuits filed, of which 66.6 percent are frivolous. Each doctor has an 8.5 percent chance per year of being sued. In the course of my efforts to make a difference, I per…

The shocking silence of top law firms on frivolous medical lawsuits

Every year, there are 85,000 medical malpractice lawsuits, of which 66.6 percent are frivolous. In the course of my endeavor to remedy frivolous medical malpractice claims, I introduce myself to 50 of the nation’s most prestigious medical malprac…

The medical malpractice system is broken: Who really benefits?

Today, a doctor’s chance of being sued for medical malpractice is 8.5 percent per year. The chance that the lawsuit is frivolous, meaning the alleged injury is from a random error of nature and not from an accidental medical error, is 66.6 percen…

How to hold ambulance chasers and hired guns accountable for frivolous medical malpractice lawsuits at little to no cost

Until now, when a lawsuit is frivolous, once a doctor who is the defendant prevails, the case concludes. However, there is a next step. Whether it is taken depends on this doctor. Prevailing means there is 95 percent confidence that the lawsuit is friv…

Riding out a frivolous lawsuit: a physician’s experience with medical malpractice claims

On August 6, 2021, a medical malpractice lawsuit was filed against me. The case involved care I provided between June 29, 2018, and August 3, 2018, while I was an employee at a medical weight loss clinic in Bethesda, Maryland. I resigned from that clin…

The missing link in medical malpractice: a strategy to reduce lawsuits

Despite the heralded To Err Is Human, there is still no effective risk management strategy to prevent medical liability. Past discussions on KevinMD have explored a risk-management strategy that differentiates medical errors from random errors of natur…

What happens if medical malpractice attorneys take over

Senator Dick Durbin proudly describes his career in the following quote: “Before I was elected to Congress, I worked in a courtroom. For years, I defended doctors and hospitals, and for years, I sued them on behalf of people who were victims of m…