Category: Malpractice

Malpractice lawsuits: a data-driven approach to risk management

The first book I ever read was The Last Angry Man. I could never have imagined then how it would influence me now. It is about a fictional character, Dr. Samuel Abelman. He is a general practitioner practicing in New York City during the 1950s. He is i…

Steps to take so that a medical malpractice lawsuit is decided from unbiased opinions

Today, the conventional rules that medical experts use to evaluate the merits of a malpractice lawsuit are established by attorneys, not doctors. These rules are based on inductive reasoning. Inductive reasoning is acceptable except for one thing; it f…

Just culture and medical errors [PODCAST]

Subscribe to The Podcast by KevinMD. Catch up on old episodes! Join Scott Ellner, a general surgeon. We delve into a compelling story from a decade ago, where a medical error had profound consequences for both a patient and the surgeon involved. Discov…

When medicine meets law: Mastering malpractice suits with scientific methods

When you are sued for medical malpractice, your malpractice carrier establishes your duties to it, and your lawyer establishes your duties to him or her. Let me be clear – when you are sued for medical malpractice, you have no greater duty than t…

Why physicians should care about the False Claims Act [PODCAST]

Subscribe to The Podcast by KevinMD. Catch up on old episodes! Our guest, Scott Ellner, a general surgeon, shares insights and real-life stories that shed light on the challenges health care providers face when financial incentives clash with patient-c…

Discover the hidden world of state medical board complaints

In a world of 24/7 news coverage often highlighting high-verdict medical malpractice cases, few physicians know about thousands of complaints that undergo review by state medical boards each year. Most complaints are filed by patients and/or family mem…

From now on, doctors will not be thrown under the bus when they are sued for medical malpractice

I am an OB/GYN and no stranger to malpractice litigation. As beleaguered as you may feel when you are sued for medical malpractice, the next hurdle to conquer after you are served is when you realize that your own attorney is prepared to throw you unde…

Humanism in health care: How to address patient harm

I want to preface this story by stating that Sarah has given written authorization to share her story, allowing my colleague and me to transform a challenging experience into a valuable lesson in the inevitability of mistakes and the profound capacity …

A scientific approach to malpractice defense

There has always been a “fight club” because there have always been medical malpractice lawsuits. They are predicated on complications, either errors of nature or medical errors, and no doctor is immune. In the United States, roughly 85,000…

Bridging law and medicine [PODCAST]

Subscribe to The Podcast by KevinMD. Catch up on old episodes! We sit down with Armin Feldman, a medical consultant to attorneys. Join us as Armin shares his valuable insights into the world of medical/legal consulting, where he acts as a bridge betwee…