Jeffrey Segal, MD, JD - Medical Justice

Lawyers and Medical Malpractice Reform: Tort Reform Allies for Doctors?

August 15, 2024December 6, 2011 by Jeffrey Segal, MD, JD

Michael Kirsch, M.D. – author, MD Whistleblower

When lawyers talk, I listen. Two attorneys penned a piece on medical malpractice reform in the April 21st issue of The New England Journal of Medicine, the most prestigious medical journal on the planet. Here is an excerpt from their article, New Directions in Medical Liability Reform.

The best estimates are that only 2 to 3% of patients injured by negligence file claims, only about half of claimants recover money, and litigation is resolved discordantly with the merit of the claim (i.e., money is awarded in nonmeritorious cases or no money is awarded in meritorious cases) about a quarter of the time.

This is not self-serving drivel spewed forth by greedy, bitter doctors, but a view offered by attorneys, esteemed officers of the court. Apply the statistics in their quote to your profession. Would you be satisfied if your efforts were benefiting 2-3% of your customers or clients? Would this performance level give me bragging rights as a gastroenterologist? Perhaps, I should attach a new slogan to my business card.

Michael Kirsch, MD

Gastroenterologist

Correct Diagnosis and Treatment in 2-3% of Cases

We would have to build a second waiting room to accommodate the crowds of new patients who would be jamming in to see me.

Recent Facebook Litigation

August 15, 2024November 30, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

There have been several recent cases involving Facebook that have been released. These cases continue to show how social media has permeated our society. They also show a darker side of social media. Although not directly related to the health care world, I think that they provide some useful lessons. But first the cases…

Several weeks ago a Connecticut judge ordered a couple in the midst of a divorce an exchange of passwords for Facebook and dating websites. The husband’s lawyer argued, that postings by the wife, were evidence of her inability to take care of the couple’s children. The husband was arguing for full custody. The court agreed that this might produce irrelevant information in order for the wife to disclose Facebook and dating website passwords. The court agreed it might provide irrelevant information and ordered that the husband and wife exchange Facebook and dating website passwords. Finally the court went on to order that neither spouse may post messages pretending to be the other.

Decoding the Genome: What’s Your Liability

August 15, 2024November 29, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS Remember how painful memorizing the Kreb’s Cycle was? Try this. New patient walks in with a few freshly printed documents. He just plopped down a few hundred bucks for a personalized genetic profile – offered by 23andme, Decode, or any number of other direct-to-consumer vendors. He points to SNP results … Read more

Two studies define frequency of litigation as an occupational hazard for surgeons

August 15, 2024November 16, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

A recent study in New England Journal Medicine shed light on the frequency of litigation against doctors. For high risk specialties, such as neurosurgeons and cardiothoracic surgeons, the annual rate approached 20% a year. For general surgeons, the rate was 15% per year; for plastic surgery, the rate was 13% per year.

The same study noted that plaintiffs received an award in only 1 of 5 cases.

A more recent study in the Journal of American College of Surgeons examined the effect this litigation had on surgeons.

Seven thousand surgeons (29%) in the professional society returned surveys.

Involvement in a recent malpractice suit was reported by 24.6% responding surgeons. Surgeons involved in a recent malpractice suit were younger, worked longer hours, had more night call, and were more likely to be in private practice.

Radio Health Journal recently interviewed Medical Justice Founder and CEO, Jeff Segal, MD, JD, FACS about the danger of “testimony for hire”.

November 13, 2024November 10, 2011 by Jeffrey Segal, MD, JD

Medical malpractice often boils down to a battle of expert witnesses. Frivolous cases are often fueled by inappropriate expert testimony.

Medical malpractice reform losing physician support

August 15, 2024November 9, 2011 by Jeffrey Segal, MD, JD

Michael Kirsch, M.D. – author, MD Whistleblower

With regard to physicians’ support for medical malpractice reform, the times they are a changin’. These iconic words of Bob Dylan, who has now reached the 8th decade of life, apply to the medical liability crisis that traditionally has been a unifying issue for physicians.

The New York Times reported that physicians in Maine are going soft on this issue, but I suspect this conversion is not limited to the Pine Tree State. Heretofore, it was assumed that physicians as a group loathed the medical malpractice system and demanded tort reform. The system, we argued, was unfair, arbitrary, and expensive. It missed most cases of true medical negligence. It lit the fuse that exploded the practice of defensive medicine. Rising premiums drove good doctors out of town or out of practice.

What happened? The medical malpractice system is as unfair as ever. Tort reform proposals are still regarded as experimental by the reigning Democrats in congress and in the White House. The reason that this issue has slipped in priority for physicians is because our jobs have changed.

Be careful when writing a letter of recommendation

August 15, 2024November 3, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

A Louisiana physician was fired for diverting Demerol from his patients and reporting to work under the influence. Upon the dismissal, a colleague wrote a letter of recommendation for the physician. The discharged physician took his glowing recommendation and found a new job thousands of miles away in Washington State.

About a year into working at this new job, the physician was caught “under the influence.” Further, he was caught after he failed to properly administer anesthesia and his patient fell into a permanent vegetative state, according to court records. The patient’s family filed a malpractice lawsuit against the physician and the medical center where the surgery took place. The case was settled with the physician paying $1 million and the medical center paying $7.5 million.

But the story does not end there.

Now starring in the role of witness, the world famous actor.…

August 15, 2024October 28, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

If you’ve ever faced a malpractice suit, you know the potential pitfalls associated with an expert witness. Juries rely on expert testimony to explain complex medical issues, elucidate the standard of care and judge whether that standard was followed. Unfortunately, instead of an impartial expert, plaintiff attorneys often employ a “hired gun” – a professional expert witness with suspect motives, willing to testify to a specific point of view.

Now, in addition to problematic experts, doctors with malpractice suits in Florida could face another questionable tactic – professional actors reading statements for witnesses who cannot attend the trial. Reuters reports on Actors at Law; a company that supplies professional actors to read statements for absentee witnesses in court.

Are we headed toward “shot clock” medicine?

August 15, 2024October 20, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

One of the most common complaints patients have is about waiting times.

Doctor Smith was fantastic, he saved my life, but I had to wait 45 minutes for my appointment.

The WSJ reported that some health systems with multiple ER’s are implementing unique actions to address this common complaint – posting waiting times so that patients can choose the facility with the shortest queue. In fact, Akron General Health System in Ohio began streaming waiting times for 2 of its ER departments on highway billboards. The idea is that patients with minor needs can choose the facility with the shortest wait times; reducing “left-without-being-seen” rates and improving patient satisfaction.

But does this innovation come with a down side?

Survey says

August 15, 2024October 7, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

Earlier this year, the Pew Internet and American Life Project released “The Social Life of Health Information, 2011.” The study was based upon telephone surveys conducted by Princeton Survey Research Associates International. Although the full report is approximately forty five pages in length, here are some interesting highlights:

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