Medical Malpractice - Medical Justice

NEJM: The Numbers Are In: Doctors Are Sued A Lot

August 15, 2024August 18, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

Imagine telling your patient the success rate of a surgical procedure you were planning was 20%. year after year. Most patients would hit the door. Unless the only other option – doing nothing – was far worse.

That’s precisely the conclusion drawn from Jena, et al. in a New England Journal of Medicine article released this week – Malpractice Risk According to Physician Specialty. Data was analyzed from a large national carrier covering time period 1991-2005. The researchers analyzed 230,000 physician-years of coverage.

Each year of the study period, 7.4% of all doctors had a malpractice claim. Only 20% of those led to payment – either by settlement or judgment. The majority of claims resulted in zero payment to the plaintiff. Remember, though, the typical claim lingers for about four years before final resolution.

More interesting was breakdown by specialty. Annual risk for being sued:

Majority of Lawsuits Against Doctors Dismissed; But Not Quickly

August 15, 2024August 10, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

An article in the July issue of Health Affairs detailed the natural history of malpractice claims in Massachusetts. Approximately 60% of these claims were abandoned by the plaintiff. But, this news came slowly to the doctor – who waited an average of 3 years after the claim was filed. During that time frame, costs were incurred to defend the case. And the doctor was burdened by a claim hanging over his or her head.

The study’s author, Dwight Golann, interviewed attorneys and insurance companies about the reasons for the abandoned claims.

Another Example of the Importance of Experts

August 15, 2024August 2, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq. Earlier this month a Galveston County Texas Judge dismissed a medical malpractice claim against Mainland Center Hospital. The malpractice action had been brought by Jim Howard, III. Howard alleged that the emergency room staff at Mainland Center Hospital broke his femur in March of 2009. Howard’s action was originally filed on … Read more

Hedge Funds Financing Medical Malpractice Suits

August 15, 2024July 1, 2011 by Jeffrey Segal, MD, JD

Playing The Odds: Hedge Funds Finance Medical Malpractice Claims Has Wall Street gone too far? Forbes.com Medical Justice CEO Jeff Segal, MD, JD, FACS, General Counsel Mike Sacopulos and Wayne Oliver, Vice President of the Center for Health Transformation examine an alarming new trend – financing malpractice suits through hedge funds. “Investors are always looking … Read more

Missouri Supreme Court Reinstates Wrongful Death Case

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

Michael J. Sacopulos, Esq.

Several weeks ago, the Supreme Court of Missouri reinstated the wrongful death claim against a spine surgeon. The case involves a patient that committed suicide allegedly because of the pain cause by spinal surgery. The patient first underwent surgery in January 2005, to correct the curvature of his spine. Unhappy with the results of the procedure, the patient and his wife filed a medical malpractice action in July of 2005. In March of 2006, the patient committed suicide, leaving his wife and daughter to amend the medical malpractice action into a wrongful death action.

The Next Legal Frontier: Opening the Floodgates for Veterinary Malpractice

August 15, 2024March 1, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

A story from WHYY Philadelphia News caught our attention. Philadelphia resident David Siff took his sick cat to the veterinarian. The doctor’s diagnosis: fur ball; which did not seem right, at least to Siff. Nonetheless, Siff deferred to the vet’s opinion. Two days later the cat died from complications related to urinary tract infection. Some fur ball.

I was really upset because the vet completely misdiagnosed him, never took his temperature, never did any labs, nothing for his diagnosis. You know, really just gave him a cursory look over and gave him his diagnosis, and we couldn’t help thinking that if he had diagnosed him correctly, maybe we could have saved his life, could have treated him earlier and saved his life.

Siff complained to the veterinary licensing board, but they refused to discipline the doctor.

He then investigated suing. What he learned:

Be Careful What You Say During Litigation

August 15, 2024December 22, 2010 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq. General Counsel, Medical Justice

A Connecticut case filed October 4, 2010, highlights the importance of not discussing a case in litigation with your colleagues. In June 2004, Pediatrician A performed a circumcision. Allegedly the circumcision was botched and took the form of a partial amputation. The child was transferred from Pediatrician A’s care to Yale-New Haven hospital for surgical repair of his penis. The malpractice claim against Pediatrician A was filed by the family in February 2005.

Malpractice Immunity for Medicaid Patients in Florida?

August 15, 2024December 10, 2010 by Jeffrey Segal, MD, JD

On the table for discussion is a legislative proposal in Florida to cap damages of negligently injured Medicaid-insured patients. That cap would be $100k. Some headlines have labeled this as “immunity” which will protect bad doctors. But, it’s not. Under the proposal, doctors treating Medicaid patients would be considered “agents of the state” for limited … Read more

Be Careful What You Say to a Patient’s Family Members

August 15, 2024October 19, 2010 by Jeffrey Segal, MD, JD

by Michael J. Sacopulos, Esq.

A recent case from Missouri highlights the importance of keeping patient’s medical information confidential — even from that patient’s family members. A 23 year old female sustained injuries to her right arm. While being treated for these injuries, a patient alleges that a nurse informed the patient’s brother and aunt of her being HIV-positive. The patient went on to state that the same nurse announced her HIV status in a hospital corridor while transporting her from the surgical recovery room to her hospital room.

The case ultimately went to trial.

Report Expects Medical Malpractice Costs To Rise

August 15, 2024October 15, 2010 by Jeffrey Segal, MD, JD

This week a new report was released, indicating that medical malpractice liability costs are likely to rise for both physicians and hospitals. The study, performed by Aon Risk Solutions, cites both claim frequency against hospitals and increased claim severity as the two driving forces behind the anticipated increases in premiums. From their release:

U.S.-based hospitals are expected to face more than 44,000 claims arising from incidents occurring in 2009, according to the report, “Hospital Professional Liability and Physician Liability Benchmark Analysis,” which Aon Risk Solutions put together with the American Society for Healthcare Risk Management.

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