Plaintiff’s attorneys frequently argue there is no way a seasoned attorney would take a meritless med mal case. They note that taking such cases to trial to case is expensive. They take such cases on contingency. If they lose, they lose big. And they would be the party bearing the out-of-pocket risk. Now, the market … Read more
A driver injured a boy riding a scooter. The boy suffered significant head injury. The boy sued the driver. While the driver believed that some of the injuries were caused by medical negligence – after the accident – the court precluded the driver from presenting such evidence. There was only one defendant in this case, … Read more
In the mid-1990s, Dr. Samuel Pallin patented a type of stitch-less cataract surgery procedure. He attempted to license the patent to other ophthalmologists. One such surgeon was Dr. Jack Singer. Singer not only refused the demand for royalties, but started a broad political movement against medical procedure patents. Singer argued he actually devised the procedure before Pallin’s patent was filed. Pallin said he was not interested in the money, but recognition. Pallin had … Read more
Most physicians defer to patients’ wishes as to how they want to be called. It’s a sign of deferential respect. If there’s a 40-year age discrepancy between a young treating physician and an elderly Medicare patient, the senior likely doesn’t want to be called Pops. There’s a brewing brouhaha in California related to Senate Bill 219 which … Read more
NYU Medical School recently announced it will waive tuition for all medical students, now and going forward. NYU has raised $450M of the needed $600M to fund this gift in perpetuity. Kenneth Langone (one of the Home Depot founders) and his wife donated $100M. One reason NYU made this commitment was because many medical students are saddled with crushing … Read more
Guest Blog Post by David Mokotoff, MD The past decade has seen an enormous upheaval in the practice of medicine. The private independent medical practice is in danger of extinction. Management overhead and red tape has skyrocketed due to government regulations and private insurance and pharmaceutical benefit rules. Added to that are multiple electronic medical … Read more
Sometimes the little things matter just as much as the big ones. They can create downstream problems that were never anticipated. We recently heard from a surgeon in Ohio. He was performing an office-based procedure. An employee was looking for the doctor. She quickly opened the door to the room where the surgeon was working. … Read more
Medical practices often add new techniques and procedures to increase revenue. I’m not suggesting the only reason is revenue. Presumably it’s to serve the patient and make a living BY serving the patient. And, I’m not opposed to physicians expanding what they do from treating disease to promoting health. But, I must admit, I did … Read more
One Arizona doctor had a good ending to a horrible odyssey. The urologist, Dr. Trabucco, was sued by an attorney for medical malpractice. Actually, this attorney did not really argue run-of-the-mill professional negligence. He argued the doctor “committed willful and malicious actions upon [the Plaintiff], eventually resulting in the [Plaintiff’s] death.” Underlying the claim was … Read more
A recent article evaluated 112 recorded clinical encounters. The rationale was testing of “shared decision-making tools.” I was confused by the findings and conclusions. In 27 of the 40 (67%) encounters in which clinicians elicited patient concerns, the clinician interrupted the patient after a median of 11 seconds (interquartile range 7–22; range 3 to 234 s). Uninterrupted patients took a … Read more
