It’s Not Enough to Say “Because I Said So”

Most parents have uttered the phrase “Because I Said So”. You know precisely what it means. You know why you said it. And, on occasion, your offspring will also know what it means.

In the medico-legal domain, experts are generally needed to make the case to the jury. They need to explain why the defendant doctor violated the standard of care; and how that violation caused damages. Many times, that opinion is supported by years of experience, the medical literature, and more. But, sometimes, the expert’s opinion propelling a meritless case boils down to ““Because I Said So”.

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Getting Burned By a Patient with a Substance Abuse Problem

Most surgeons prescribe post-op narcotics to treat pain. The typical plan is a short course of narcotics followed by non-narcotic medication or no medication at all. I am not referring to complex pain or chronic pain. I am talking about a patient who in theory is not on narcotics when they see you, has surgery, … Read more

One Sentence Can Save You Lots of Time and Prevent Headaches

Recently, I learned of a surgeon on the west coast who received a “love letter” from an attorney. By love letter, I mean a demand for several hundred thousand dollars.   The surgeon took care of a patient and recommended surgical treatment. The patient did not want any down-time and opted for conservative care, fully … Read more

Notes from a Plaintiff’s Attorney: Dealing with malpractice litigation concerns

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran.  The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant.  Please give us your feedback – and let us know if you find the series helpful. Finally, these articles are not intended as specific legal advice. For that, please consult with attorney licensed to practice in your state.

A recent poll on the physician networking site Sermo asked an interesting question: What stresses you the most about a lawsuit?

1,927 doctors responded. 37% feared losing the case. 33% thought that they would end up second-guessing their abilities. 25% focused on being reported to the National Practitioner Data Bank. 5% thought that their peers would criticize them.

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What “A Jury of Your Peers” Really Means

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran.  The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily … Read more

Dealing With The “HIPAA Police”

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily … Read more

Is ICD-10 a Game Changer?

Physicians have to deal with a 100 paper cuts each day. Implied threat of lawsuits, RAC audits, denied claims for reimbursement, EMRs designed by computer scientists who do not practice medicine, and more. While these distractions are time consuming, stress-provoking, and aggravating, they are generally manageable. That’s why I was surprised to hear from an … Read more

Dropping the Ball and Getting Away With It.

Cases do not normally end like this.   A cardiologist implanted a pacemaker. He ordered a follow-up check X-ray to check the leads and make sure there were no complications. A second cardiologist checked the films and discharged the patient from the hospital. The radiologist’s report noted the placement of the pacemaker leads. It also … Read more

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