“Even a room with flammable gas will not explode unless someone strikes a match.” – Dr. Bob Wachter Case 1: On March 27, 1977, two 747s collided on the runway at Tenerife in the Canary Islands, killing 583 people. On a foggy morning, the KL…
Category: Malpractice
Don’t hold your breath: Non-competes are unlikely to disappear for physicians
Physician non-compete clauses have been a controversial topic for many years. These clauses within contractual agreements prevent physicians from joining or operating a competing practice within a certain distance or timeframe. With the Federal Trade C…
A tale of medical malpractice, the legal system, and a fight for justice
I have been fortunate in my forty-five-year medical career never to have been sued for the care I delivered to a patient. I attribute this, in part, to being a family physician and having ongoing relationships with my patients and, in part, to being wi…
Navigating the emotional impact of a medical malpractice lawsuit [PODCAST]
Subscribe to The Podcast by KevinMD. Catch up on old episodes! In this episode, we explore the emotional impact of medical malpractice lawsuits on physicians and how they can navigate the process. Attorney Christine Zharova shares her insights on how t…
Insurance company vs. doctor: How the defense and settlement provisions in malpractice contracts favor carriers
In a medical malpractice lawsuit, your defense is completely in the hands of the malpractice carrier, and, make no mistake of it, its interests come first. However, the medical malpractice insurance contract is more instrumental in the defense of a doc…
The importance of a clear contract with your defense counsel in medical malpractice cases
The prevailing party contract is not the only contract that can protect a doctor in medical malpractice litigation. There is also the doctor-defense counsel contract. Because of the risk of litigation, doctors often have a contract with a medical malpr…
How to prevent a frivolous medical malpractice lawsuit
There are 50,000 medical malpractice lawsuits filed per year. Each doctor has a 5 percent chance of being sued each year, and every doctor will be sued at least once in 20 years. 70 percent of medical malpractice lawsuits are non-meritorious and are dr…
Communication protocols exist for a reason
An excerpt from The Mumbo Jumbo Fix: A Survival Guide for Effective Doctor-Patient-Nurse Communication. Team building is a popular trend in health care. It promotes cooperation, trust and respect, improves communication, and enhances patient outcomes….
Don’t lie about medical errors. Apologize.
Time of death: unknown. It was around 6 p.m. on April 21, 2013. My mom saw my grandfather dying slowly in the hospital bed. She had pressed the nurse call button frantically over the last 20 minutes. She rushed to the nurse station only to find out nob…
Top questions doctors ask health care attorneys [PODCAST]
Subscribe to The Podcast by KevinMD. Catch up on old episodes! “Being a transactional lawyer for physicians is never dull because the more the regulations, guidance, and laws change, the more questions everyone has. But it’s more than just gettin…
