Category: Malpractice

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…

How a medical-legal consultant refuted a pre-existing medical condition argument [PODCAST]

Subscribe to The Podcast by KevinMD. Catch up on old episodes! “Doing medical-legal consulting is a great way to use your medical training in a non-clinical field that really helps people. One of the many things we can do is help attorneys refute…

Medical malpractice is a lot like running a marathon

A medical malpractice process is a lot like running a marathon. The analogy makes it easy to understand why physicians are emotionally unready to go through years of litigation and often find themselves struggling. To successfully make it through the g…

What hospitals can learn from the RaDonda Vaught case

In response to a medication administration error that led to the death of a 75-year-old patient, RaDonda Vaught, a registered nurse working in Tennessee, was recently found guilty of criminally negligent homicide and gross negligence of an impaired adu…

What to do if you’re involved in a medical malpractice lawsuit [PODCAST]

Subscribe to The Podcast by KevinMD. Catch up on old episodes! “The worry and anticipation of getting sued are heightened more than ever in the wake of the pandemic. It is in all physicians’ minds. I recently did a quick poll in some of my physic…

Breaking the vicious cycle of medical malpractice lawsuits

Lawsuits are conventional in medical practice. An unhappy patient hires a malpractice attorney, who hires a medical expert, who interprets the standards of care and generalizes a departure from the standards of care and proximate cause. The preponderan…