Category: Malpractice

This physician is retiring. Here’s his most valuable lesson.

In a few weeks, I will be retiring.  After 31 years and more than 100,000 patient visits, I will be hanging up my stethoscope.  Over the years, there have been tremendous highs but also horrible lows.  The latter includes having been victimized by a fr…

How this surgeon beat a medical staff disciplinary action

I recently represented a physician in a noteworthy peer review case at an academic medical center. The medical staff president initiated a complaint against a surgeon, who would later become my client. The complaint was that the surgeon inappropriately…

What not to do after a medical mistake

If you are a doctor (or med student/health professional) and are human, you’ve probably made a medical mistake. You’ve probably not received emotional support for the mistake. Maybe you’ve never told anyone about a mistake that still …

How to minimize virtual medicine liability risk [PODCAST]

“Telehealth has come into focus during the COVID-19 pandemic as physicians face an immediate need to reduce exposure by providing care—or at least triage—remotely when appropriate. Under usual circumstances, telemedicine is comparatively low risk…

Why doctors must learn how to advocate

Every doctor is an advocate, and every health care provider advocates. An advocate is someone who publicly supports something. Doctors advocate for avoiding smoking, losing weight, and taking medications. In those instances, doctors are advocating for …

In the aftermath of COVID-19, plaintiff attorneys will have a field day

Before COVID-19, the health care system was plagued by another epidemic: malpractice lawsuits.  Much is expected of doctors, and disappointments have consequences. Lawsuits are too often a consequence. Under normal conditions, there are 46,000 malpract…

Celebrate health care workers by not suing them

In New York City, each evening at 7 p.m., the sound of people banging on pots and pans can be heard from apartment buildings within an earshot of hospitals all over the city. The cacophonous clanging is a salute to the beleaguered health care workers w…

Medical error disclosure programs: Old habits die hard

A radical change is emerging from within our health care system: Rather than deny or defend medical errors, some hospitals are acknowledging them upfront. This enlightened response has been gaining ground since 2001 when the University of Michigan Hosp…

What Chernobyl can teach physicians about avoiding medical errors

I recently started watching the HBO series Chernobyl, chronicling the events surrounding the 1986 disaster. For anyone who hasn’t seen it yet—I’d highly recommend this excellent production (It’s already deservedly won multiple awards). The great thing …

Medical error is not the third leading cause of death

Ever since the publication of the infamous 2016 BMJ opinion piece claiming medical error should be considered the third leading cause of death in the U.S., the debate on the true incidence of deaths caused by medical error has been raging. Many, includ…