by Medical Justice | Jul 1, 2011 | Medical Malpractice
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 to earn an easy profit, particularly from well-managed companies. But when the profit is from a hedge fund that finances medical malpractice lawsuits aimed at driving doctors out of the profession, Wall Street may have gone too far.
An entirely new industry has cropped in recent years as trial lawyers set their sights on making money off physicians, corporations and other targets–particularly financing malpractice suits through hedge funds. In 2010, hedge funds invested $1 billion in these types of suits, much of it for medical malpractice cases.”
Read the full article here
by Medical Justice | Mar 29, 2011 | Medical Malpractice
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. (more…)
by Medical Justice | Mar 1, 2011 | Medical Malpractice
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: (more…)
by Medical Justice | Dec 22, 2010 | Medical Malpractice
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. (more…)
by Medical Justice | Dec 10, 2010 | Legal, Medical Malpractice
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 purposes. Of course, that may create a different set of challenges. But, focusing solely on the topic of professional liability, honestly, it is no different than if any patient was injured at a state university academic center in the Sunshine State. Yes, that’s any patient. State employees in Florida have sovereign immunity which already caps damages.
This proposed perk might not be enough to counterbalance the diminutive reimbursement rates. But, it’s bound to get the attention of doctors.
Some of the criticism distills to:
“Letting doctors off the hook for malpractice on Medicaid patients also might violate constitutional due process rights by creating a second class of citizens who don’t have the same rights as those who can afford health care.”
But, given the long history of sovereign immunity, and the reality that most patients at state university academic centers are not Medicaid patients, this due process argument is unlikely to get out of the starting gate.
by Medical Justice | Oct 19, 2010 | Medical Malpractice
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. (more…)
