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…
In recent years, malpractice attorneys have intensified their efforts to target physicians, becoming more aggressive in their pursuit of legal action. This relentless pursuit can be likened to Captain Ahab’s relentless quest for the white whale i…
Subscribe to The Podcast by KevinMD. Watch on YouTube. Catch up on old episodes! We are joined by Ron Chapman II, a federal criminal defense attorney, who sheds light on the increased scrutiny that physicians are facing from regulators. During our conv…
Subscribe to The Podcast by KevinMD. Watch on YouTube. Catch up on old episodes! We are joined by Ron Chapman II, a federal criminal defense attorney, who sheds light on the increased scrutiny that physicians are facing from regulators. During our conv…
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…
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…
Subscribe to The Podcast by KevinMD. Catch up on old episodes! Join Scott Ellner, a general surgeon. We delve into a compelling story from a decade ago, where a medical error had profound consequences for both a patient and the surgeon involved. Discov…
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…
Subscribe to The Podcast by KevinMD. Catch up on old episodes! Our guest, Scott Ellner, a general surgeon, shares insights and real-life stories that shed light on the challenges health care providers face when financial incentives clash with patient-c…
In a world of 24/7 news coverage often highlighting high-verdict medical malpractice cases, few physicians know about thousands of complaints that undergo review by state medical boards each year. Most complaints are filed by patients and/or family mem…
