Category: Malpractice

Doctors: We must fight against frivolous lawsuits

Lawyers assert that they never file a frivolous lawsuit. All malpractice claims are legitimate because there is a reasonable suspicion of fault when a case is filed. On January 21, 2022, at 11:40 a.m., I received a call from my attorney, who represente…

Don’t be caught off guard: Read your malpractice policy today

We must confess: We both have Apple iPhones and have never read Apple’s user or licensing agreements. Have you? We assume that most of you have not read Apple’s agreements. And like most of you, we ain’t got time for that. We “a…

From tragedy to advocacy: a journey through medical errors [PODCAST]

Subscribe to The Podcast by KevinMD. Catch up on old episodes! In this episode, Alisa Sano, a public health research assistant, shares her personal story of loss and the impact of medical errors on families. We will explore the complexities of the heal…

The curious cases of the Tenerife plane crash and medical errors: What we see through the Swiss cheese model

“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…

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…