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

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…

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…

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…

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…

“Whatever is measured is managed” is the fundamental principle in management science. Nowhere is this better exemplified than in a small, obscure reciprocal insurance company in Washington, D.C., once the provider of choice for two-thirds o…

“Whatever is measured is managed” is the fundamental principle in management science. Nowhere is this better exemplified than in a small, obscure reciprocal insurance company in Washington, D.C., once the provider of choice for two-thirds o…

In 2004, the AMA declared a “medical malpractice crisis.” At that time, 34 percent of all physicians in the United States had been sued. The practice of medicine was at risk. Hospitals were closing. Coverage for certain high-risk specialtie…

Random mal-occurrences have always accompanied medical interventions, even under the best of circumstances. These are errors of nature. In the 1960s, some attorneys in California were the first to exploit these unfortunate random outcomes to their adva…

Medical malpractice is a subject about which I am passionate. I am an obstetrician-gynecologist; I have been sued five times (one case ends in a mistrial, two in settlements of convenience, and two are dismissed with prejudice); I paid over $1 million …

I write these words after a full week of jury deliberation in the Daniel Penny trial. I now realize that what I have been describing about medical malpractice litigation is a signal of a much more serious problem infecting the social order of the entir…