Category: Malpractice

Mitigating risks from care during COVID-19 [PODCAST]

“We have observed that delays in screenings and intervention for patients with certain common chronic conditions can contribute to claims. Now, clinicians have the opportunity to identify patients whose conditions merit priority contact, such as …

Medical malpractice: Don’t let the minority define us

When we shake our heads at the snake oil salesmen of yesteryears and wonder how the people then could have been so naïve as to fall for the crude shenanigans, we are wearing blinders with our eyes wide open. Malpractice remains alive and well. Those wh…

Medical malpractice: Don’t let the minority define us

When we shake our heads at the snake oil salesmen of yesteryears and wonder how the people then could have been so naïve as to fall for the crude shenanigans, we are wearing blinders with our eyes wide open. Malpractice remains alive and well. Those wh…

Your best defense? Don’t play by the rules in a medical malpractice case.

Unfortunate outcomes are inevitable even when practicing quality medicine. Most are random events, but some are medical errors. The majority of physicians have been sued and those, who have not, will be. Common to all defendants is that the lawsuit is …

A physician takes action against an expert witness [PODCAST]

“I bring this to your attention because, in 1971, I took an oath to impart precept, oral instruction, and all other instruction to all indentured pupils who have taken the Healer’s Oath. Having done so, if it strikes you that, during the aforemen…

Rethinking tort reform in the wake of the pandemic

We had a bit of a reprieve, but now it’s over. The chorus of pots and pans that applauded our efforts during the height of the pandemic have long since faded into silence. The brassware has been put back in the cupboard, and the chest-thumping of the A…

A counterintuitive strategy when you are sued for medical malpractice

Most physicians have been defendants in lawsuits. Plaintiff experts almost always have a feeding frenzy. In truth, expert witnesses are held to codes of conduct about remaining objective and avoiding partisanship or advocacy.  Yet, should the verdict f…

Malpractice claims from the COVID-19 pandemic [PODCAST]

“We won’t know until 2022 or later whether there will be an increase in claims related to the pandemic. When a medical error occurs, it’s not like an automobile accident. Everybody nearby knows when there’s been an automobile accident because the…

This doctor has post-litigation stress disorder

I am sure that I have post-litigation stress disorder. It does not actually exist yet as a recognized disorder, but I definitely have it. You know what else? Countless other physicians have it too. We don’t talk about it. Besides the fact that la…

How reviewing medical malpractice claims made me a better gastroenterologist [PODCAST]

“When a patient is dissatisfied with his or her care, he or she can consult an attorney, who will enlist a physician ‘expert’ to determine if a doctor has deviated from the standard of care and whether that deviation caused a negative…