Category: Malpractice

Gender affirming care: a matter for the Supreme Court or a matter for a medical malpractice court?

Of note, today, of all days, when the Supreme Court of the United States is to consider state bans on treatments for gender-affirming care of transsexual youths, virtually every internet site on the subject is blocked. Nevertheless, I am a medical stud…

Peer review case: a surgeon’s fight for due process

We recently resolved a complex peer review case involving a surgeon in a Midwestern state. The case arose as the hospital began transitioning to an employed-physician model, seeking to phase out its non-employed, voluntary medical staff. Our client, a …

A clarion call about medical malpractice to leaders in health care

There are one million physicians practicing medicine in the United States. No medical intervention they recommend is immune from a complication. The exact number of complications is unknown. Some are medical errors inherent to the intervention, while o…

Inside the system that’s costing health care billions every year

It all begins with a political movement for national health in the 1970s. There are no “health systems,” just doctors and hospitals. Fee-for-service is determined by conventional principles of cost accounting, in which payment for services …

Beware of these talking points in medical malpractice litigation

A medical liability litigation industrial complex manipulates medical liability litigation with three talking points. As a result, 85,000 lawsuits are filed per year. Of these, 56,000 are summarily dropped; 28,000 are settled; 300 are plaintiff verdict…

A medical malpractice lawsuit is just words: Actions speak louder than words

Data indicates that there are 85,000 malpractice lawsuits filed per year. This is the status quo. What if the status quo is worse? There are other data showing that 85,000 is only the number of lawsuits represented by lawyers. There are 3.065 million a…

18 words in medical records that restore principles in a medical malpractice lawsuit

There are 85,000 medical malpractice lawsuits filed per year. There are 1 million physicians. Therefore, your odds as a doctor for being sued for malpractice are 8.5 percent per year, which corresponds to one lawsuit every 12 years. To make matters wor…

Self-governance in the medical profession and medical malpractice

Fundamental in a medical malpractice lawsuit is determining whether an unfortunate outcome is an error of nature or a medical error. An error of nature results from a medical intervention that aligns with the standard of care. A medical error, on the o…

How doctors can minimize harm: the essential duties of patient care

Primum non nocere, “first, do no harm,” is the prime directive of medical ethics for all physicians. It is also the first thing that comes into question when maleficence by a doctor is suspected. The standard of care is how any prudent and …

Shortcomings of plaintiff attorneys in Byrom vs. Johns Hopkins

As shown in my earlier post, when prosecuting Byrom vs. Johns Hopkins Bayview Hospital with inductive reasoning, as is traditional, the medical intervention is compared to the standard of care in a very general and subjective way. The medical intervent…