Category: Malpractice

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…

A physician applies to law school. Here is her application essay.

I have been a physician for 26 years. I have been a fierce patient advocate throughout my entire career. It never occurred to me that physicians do not have the same rights of citizenship that the very patients I fight for do. I always thought I lived …

How reviewing medical malpractice claims made me a better gastroenterologist

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 outcome. Over the …

Malpractice claims from the COVID-19 pandemic: more questions than answers

The pandemic has raised pressing questions around preventive measures, vaccines, and safe treatment, but it has also obscured one key lingering uncertainty for medical professionals: Where are all the medical malpractice claims? A variety of factors cr…

How could a patient die from anesthesia for a colonoscopy?

Every death related to anesthesia is a tragedy; even more so when a minor procedure such as a colonoscopy leads to a completely unexpected death. Everyone knows that open heart surgery carries a mortality risk, but few of us walk into the hospital for …

An introduction to medical-legal consulting

As many of you know, burnout is an increasingly serious problem for physicians, affecting over 50 percent of clinicians in some studies conducted before our current COVID-19 pandemic.  In fact, in an interesting study, one of every four physicians is l…