Electronic Records and Malpractice Risks

Will electronic records raise the legal standard of care and increase malpractice risk? Originally published in HCPLive.com by Robert J. Mintz, JD As EHRs are widely adopted and the quantity of information about a patient expands dramatically, does provider liability increase even if the quality of care is vastly improved? Will electronic records raise the … Read more

Apology Laws: A Variety of Approaches to Discussing Adverse

American Health Lawyers Association November 2009, Vol 13, Issue 11 By: Jeffrey Segal, MD, JD, FACS; Michael J. Sacopulos, JD © 2009 American Health Lawyers Association Suite 600, 1025 Connecticut Avenue NW Washington, DC 20036-5405 Phone: 202-833-1100 Fax: 202-833-1105 Download ahla_and_im_sorry_laws_AC_Nov09

Anything For a Buck! “The following illustrates why members of the public may hold cynical views of the legal profession.”

A recent case that appeared before New York Supreme Court Justice Emily Jane Goodman demonstrates the true motive, method and means behind plaintiff attorneys and lawsuits.

For background; a patient, Victoria Kremen, had a double mastectomy after an alleged misdiagnosis of breast cancer. She hired a law firm to sue the physician, but the case was dismissed because the law firm she hired apparently missed the deadline for filing within the 2.5 year statute of limitations. Then the patient sued the law firm for malpractice, in that they missed the filing date.

Originally she was awarded judgment, but lost on appeal. In that ruling, the judge stated that she had not diligently pursued her own medical malpractice claim. So the suit against the law firm was dismissed. But wait, it gets better! The law firm then counter-sued the patient, asking for $6,000 in fees, amounts billable to the case that they lost. Justice Goodman heard the case. Her ruling includes “The following illustrates why members of the public may hold cynical views of the legal profession.” She went on to categorize the case against their former client as “nonsensical and frivolous”. Thank you, Justice Goodman.

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Tort Reform Snowball Getting Bigger

As the healthcare debate continues, more pundits, experts and legislatures are coming to the conclusion that real, substantial tort reform must be included in any final reform package. Here are just a few of the comments from around the US just yesterday;

Prediction 2009: Tort Reform Within Reach

VEIN Magazine Fall 2009; Page 60 – 61 By: Jeffrey Segal, MD, JD, FACS Read the entire issue here: http://www.veindirectory.org/issues/v2i4.pdf Or view Dr. Segal’s article (only) using the link below: Download vein_mag_v2i4_58-59_tort_reform.pdf Download vein_mag_v2i4_58-59_tort_reform

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