Category: Malpractice

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…

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…