Too Many Eggs in One Basket

This could not be an easy conversation.   “The eggs or embryos we have been storing may have been lost.”  Two fertility clinics recently reported technical problems with storage tanks that may have damaged frozen eggs and embryos. Many of these are from women and couples struggling with infertility.  Or they may have anticipated future problems – for example, banking eggs … Read more

Hell Hath No Fury Like Office of Civil Rights Scorned

A three doctor Allergy and Immunology practice in Connecticut just wrote the Department of Health and Human Services Office of Civil Rights a check for $125,000. Three Boston hospitals, Mass General, Brigham and Women’s and Boston Medical Center wrote a check for $1M. New York Presbyterian Hospital wrote a $2.2M check. Memorial Hermann Health System … Read more

The Art of Being in “Two Places” at the Same Time

In 2017, a high profile medical malpractice highlighted what is euphemistically known as “overlapping surgery.”   Before plodding ahead, let’s get our terms straight.  The American College of Surgeons defines operations as concurrent “when the critical or key components of the procedures for which the primary attending surgeon is responsible are occurring all or in part at the same time” and as overlapping “when the key or critical elements of the first operation have been completed, and … a second operation … Read more

O-Rings and Phone Numbers

On occasion, complex systems crumble because of a single defective part, a part no one anticipated. The space shuttle Challenger is a case in point. What happened? O-rings failed at 31 degrees, the temperature at Cape Canaveral at launch.  That led to a cascade of badness which resulted in the Challenger exploding. Some at NASA … Read more

Demystifying EMTALA: Issues that Pop up When You Are On-Call

We continue with our series of articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. In this article, the author addresses “Assumption of risk versus informed consent..” This attorney is a seasoned veteran.  The series includes a number of pearls on how to … Read more

The Difference Between Skydiving and the Practice of Medicine  

Skydiving is dangerous. Most skydivers land safely. But, not all. And if your chute does not timely open (and properly), death or injury are likely. How is it skydiving facilities are rarely sued? And, if they are sued, the facility usually prevails.   There’s a legal defense known as “assumption of risk.” The skydiver presumably knows that skydiving is a dangerous … Read more

Do You Want Your Kid to Be a Doctor?

There’s an old joke regarding different cultures’ interpretation as to when a fetus is considered alive.   The broadest definition of the beginning of life pinpoints the date at conception.   Others target a later date – namely, viability outside the womb.   But, the longest delay for the ‘beginning of life” is when the “person” graduates from medical school.   I hear two stories from … Read more

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