Medical Malpractice

Spotlighting Verdicts & Claims Trends

Our posts summarize notable verdicts, emerging plaintiff theories, and insurer reports on claim frequency. We assess how changing standards of care, documentation technology, and patient expectations influence liability exposure across specialties.

Preventive Documentation & Communication

From contemporaneous chart addenda to photographic documentation of wounds, we provide concrete tips that strengthen defense posture. Articles also highlight how timely empathy statements and clear after-visit summaries can defuse dissatisfaction before it morphs into litigation.

Deposition & Trial Preparation

Blogs offer question lists for vetting defense experts, strategies for explaining complex medicine to lay jurors, and reminders on preserving credibility under cross-examination. We reference actual deposition excerpts—anonymized—to show what worked and what backfired.

Settlement Strategy & Insurance Interface

When carriers propose settlement, physicians must weigh consent-to-settle provisions, NPDB reporting triggers, and future underwriting effects. Posts dissect sample scenarios and suggest questions to ask adjusters before signing on the dotted line.

Post-Claim Reputation Management

Even closed-without-payment claims can surface online. We cover public-statement drafting, website FAQ updates, and proactive outreach to referral networks after litigation concludes.

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.

Read more

What Do You Do When A Malpractice Suit Strikes?

August 15, 2024October 6, 2010 by Jeffrey Segal, MD, JD

You always knew it could happen. Statistically, you knew it WOULD happen sometime in your career. Now there’s a registered letter on your desk, from a law office, and you’re afraid to open it. You summon up the courage to read it, and find that a patient you’ve done your best for has decided to sue. As far as you recall, there wasn’t even a bad outcome, but you must’ve missed something, because there’s this letter on your desk informing you that they’ve been retained by your patient, and requiring records as part of their fact-finding. Now what?

The Magic Bullet Against Fivolous Lawsuits!

August 15, 2024August 18, 2010 by Jeffrey Segal, MD, JD

Any health care professional will tell you that an ounce of prevention is worth a pound of cure. This holds true for the many ills of medical and dental malpractice suits as well. The time to get insurance is BEFORE you’re sued, just as the time to get preventative medicine is before you get sick. Most health care professionals know this. Most wouldn’t dream of being without medical malpractice insurance. Most would do anything they could to reduce the risk of being sued, if only they knew what else to do. Read on for the magic bullet.

Mitigating Legal Risks for Physicians – The Proactive Approach to Deterrence

August 15, 2024August 12, 2010 by Jeffrey Segal, MD, JD

It is said that the best defense is a good offense. While this axiom of warriors may not be the first inclination of gentile healers, the trial lawyers and other opportunists have made a good offense a necessary part of survival in the medical profession. The proactive approach is foundational to mitigating risks in this litigious time and society. In short, you’ve got to be a step or two ahead of the greedy few to keep them at bay. And taking steps to prevent the case from ever being filed in the first place is the best way to avoid the disruption of your practice, as well as the risks and other expenses inherent in a medical malpractice suit, no matter how frivolous it may be. Since 95% of all doctors will probably be sued for malpractice at some time in their career, it’s a wise move to ensure that you minimize the impact of that suit.

The Bully Principle; Medical Justice Kicks Predatory Trial Lawyers to the Curb

August 15, 2024July 29, 2010 by Jeffrey Segal, MD, JD

Predatory creatures are consistent, regardless of species. The mighty shark expects it prey to be paralyzed with fear. Punch it in the snout and it takes a big step backwards, backs away and moves on to easier targets. The simple fact is that both sharks and plaintiff’s malpractice lawyers are bullies. They pick on capable, well-intending doctors, encouraging patients to file lawsuit against someone that the patient would otherwise be thanking. Patients know that their doctors didn’t cause them to be sick or injured, and most believe their doctors are doing their best to make them well, ease their suffering. But if you give a trial lawyer a few minutes with them, the lawyer will turn the story around until it seems like the doctor was an insensitive, uncaring creep who was only there for the money. (Talk about projecting! They’re the ones who don’t care what damage they do to people, so long as they’re making a buck!)

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