Category: Malpractice

Doctor by day, law student by night

I am a middle-aged, full-time emergency physician, and part-time law student. Usually, I practice medicine during the day and attend law classes in the evening. Sometimes I have law classes in the afternoon or early evening then work in the emergency d…

A solution to reduce defensive medicine

An excerpt from Technology and the Doctor-Patient Relationship. As disturbing as the structure of malpractice insurance is in America, a more significant problem is the defensive style of medical practice it induces. In a large-scale survey done by Jac…

An attorney pushes back on a physician’s critique of the medical liability system

I was struck by a post by Dr. Saurabh Jha about his views of the jury system — as some of his comments mirrored things I’ve said to juries in the past. Some things he got right, which go to the core our civil justice system. Some things, however, not s…

10 reasons why doctors get sued

The one thing doctors want to avoid like the plague is a lawsuit — a medical malpractice lawsuit. To be sued means the doctor loses precious time from work, endures emotional personal and family distress and is unable to fully invest oneself in providi…

Supreme Court Declines To Hear Military Medical Malpractice Case

Justices won’t alter the rule that prevents active-duty military members from suing the government for negligence. The challenge came from the family of Navy nurse Lt. Rebekah “Moani” Daniel, who died in 2014 after bleeding to death following childbirth.

Avoiding medicine’s Boeing 737 Max

I’m sitting on a cross-country flight to California with utmost respect for the professionalism of the crew, especially considering my life will be in their hands for the next 6 hours. Despite understanding the physics, I am still amazed by flight, and…

How a Minnesota Supreme Court decision could affect curbside consults

“In a case that could have wide-reaching implications for medical practice in Minnesota, the Minnesota Supreme Court issued a ruling on April 17 in the case of Warren v. Dinter holding that the existence of a physician-patient relationship is not…

3 tips from an attorney to avoid a medical malpractice lawsuit

Twenty years of defending doctors and hospitals in medical malpractice cases has made me into a nervous patient. When you see the worst, you look for it. At least I do. That’s why when I was scheduled for a minor elective procedure, I was nervous. I se…

What do the Challenger disaster and medicine have in common?

On January 28, 1986, the space shuttle Challenger disintegrated shortly after liftoff, resulting in the death of the entire seven-person crew. The subsequent investigation revealed that a joint in the right solid rocket booster failed during liftoff, w…

A patient sues when a DNR is ignored

A New Mexico woman, suffering from Dercum’s disease (adiposis dolorosa) which causes painful fatty tumors, is suing a Santa Fe hospital and an emergency physician claiming she was the victim of two negligent acts in 2016. One, according to the Albuquer…