Medical Justice Blog Page 2 (Articles 31 – 60)
Sometimes You Need a Good Laugh
We often write about serious topics. Not today. I want to give a shout out to a site called Gomerblog. GOMER is medical slang for a patient in the emergency room who is not in need of emergency services. For those of you not old enough to remember, it first appeared in […]
When Seeing Patients, is Three a Crowd?
An old joke says that the best way to keep a secret is to tell it to only one person, and that person should be dead. All kidding aside, the greater the number of people who handle information, the more likely that confidentiality will be breached. That’s why physicians take histories and examine patients […]
Some Residents Will Have Longer Shifts
Here’s a common joke I heard during my residency. “What’s the problem with every other night call?” “You miss half the cases.” The gist was that the more you saw, the more you did, and the more you learned. Because it was believed that patient safety suffered in the wake of such extensive hours, the […]
It’s Not Enough to Say “Because I Said So”
Most parents have uttered the phrase “Because I Said So”. You know precisely what it means. You know why you said it. And, on occasion, your offspring will also know what it means. In the medico-legal domain, experts are generally needed to make the case to the jury. They need to explain why the defendant […]
Getting Burned By a Patient with a Substance Abuse Problem
Most surgeons prescribe post-op narcotics to treat pain. The typical plan is a short course of narcotics followed by non-narcotic medication or no medication at all. I am not referring to complex pain or chronic pain. I am talking about a patient who in theory is not on narcotics when they see you, has surgery, […]
Employer Sued for Alleged Discrimination. Employee Fired for Uncontrollable Farting.
When the US was founded, is it likely our founding fathers could have anticipated this lawsuit – Dolan v. Case Pork Roll Co.? Perhaps. Ben Franklin once wrote a letter called Fart Proudly. Franklin was living abroad, serving as Ambassador to France. He opined the Royal Academy of Brussels called for too many scientific papers […]
One Sentence Can Save You Lots of Time and Prevent Headaches
Recently, I learned of a surgeon on the west coast who received a “love letter” from an attorney. By love letter, I mean a demand for several hundred thousand dollars. The surgeon took care of a patient and recommended surgical treatment. The patient did not want any down-time and opted for conservative care, fully […]
MOC and Your Web Site. How Can They Even be Remotely Connected?
I am not a fan of Maintenance of Certification (MOC). I think it’s a time-suck, expensive, and does little to inform the public of much that is useful. I say this from the sidelines because my Board certification in neurosurgery was grandfathered. So, I’m one of the lucky ones. For those who were certified after […]
Notes from a Plaintiff’s Attorney: Dealing with malpractice litigation concerns
We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily […]
What “A Jury of Your Peers” Really Means
We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily […]
Dealing With The “HIPAA Police”
We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily […]
Piling On…
A driver injured a boy riding a scooter. The boy suffered significant head injury. The boy sued the driver. While the driver believed that some of the injuries were caused by medical negligence – after the accident – the court precluded the driver from presenting such evidence. There was only one defendant in this case, […]
Is ICD-10 a Game Changer?
Physicians have to deal with a 100 paper cuts each day. Implied threat of lawsuits, RAC audits, denied claims for reimbursement, EMRs designed by computer scientists who do not practice medicine, and more. While these distractions are time consuming, stress-provoking, and aggravating, they are generally manageable. That’s why I was surprised to hear from an […]
Finally: An End to Malpractice Litigation?
Published in Medscape: March 05, 2015 (reprinted with permission) http://www.medscape.com/viewarticle/840337 A Sensible Alternative to Our Broken System? As every physician knows, our tort system is broken. Various solutions have been suggested over the years, only to fade away. But now, a promising new system for patient compensation in cases of medical error is being proposed in two […]
Dropping the Ball and Getting Away With It.
Cases do not normally end like this. A cardiologist implanted a pacemaker. He ordered a follow-up check X-ray to check the leads and make sure there were no complications. A second cardiologist checked the films and discharged the patient from the hospital. The radiologist’s report noted the placement of the pacemaker leads. It also […]
Do No Harm: Dr. John Marsh’s Excellent Book
I just finished Do No Harm, a book authored by a freshly retired British neurosurgeon. If you’re not maxed out on your summer reading list, add this one. In one sense, the book is a bit depressing. Dr. Marsh works for the National Health Service and chronicles more defeats than victories. He writes about his […]
Foreign Bodies Left in the Body, Oh My…
Some unintended foreign bodies left post-op in the body never create any problems. Some are associated with continued risk. And the law is all over the place in terms of how long a surgeon or facility is liable, if at all. A recent New York case illustrates this point. In New York, an […]
Notes From a Plaintiff’s Attorney: Avoiding Liability in Retention of Medical Records
We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily […]
Personality Profile and Specialty Choice
I’ve often wondered whether medical students are attracted to a particular specialty because of their personality type; or whether their personality adjusts and evolves based on their specialty choice. The answer is it’s probably a bit of both. One academic medical school website delved a little deeper into the question. They noted […]
Notes From a Plaintiff’s Attorney: Liability to Those Who Are Not Your Patients
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. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily agree with […]
Notes from a Plaintiff’s Attorney: Blowing the Whistle
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 “Blowing the whistle.” This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of […]
Family of Jahi McMath – Declared Brain Dead – Files Lawsuit
This is a tough one. Readers will remember the case of Jahi McMath, the unfortunate 13 year old who underwent an operation to treat sleep apnea, including tonsillectomy. Post-op Jahi was coughing up blood. The following morning her heart rate dropped and she went into cardiac arrest. Three days later she was declared brain […]
Can a Board of Medicine Discipline a Doctor for Participating in Worker’s Comp Fraud Investigation?
Many years ago, I took care of a worker’s comp patient. He wasn’t improving. He lamented he could not even pick up the newspaper from his yard. The worker’s comp carrier obtained video surveillance footage of this same person getting in his car, traveling over two states to reach a casino. There, he was […]
Loser Pays in the U.S.? Some States Have It.
Most U.S. physicians are not clamoring to embrace the British healthcare system. But, one feature accessible to our colleagues across the pond is an exception. Loser pays.
Emotional Distress in Witnessing CPR – A Jury Decides
Families are pivotal in helping patients recover. They advocate for their loved ones. They give encouragement to rehabilitate. They provide reasons to push harder to live. What happens when a patient deteriorates in front of the family and a code is called? Sometimes the family is ushered out of the room. Sometimes they are pushed […]
A 37 Year Old Neurosurgeon Just Died From Cancer. His Words Are Immortal.
In his sixth year of neurosurgical residency at Stanford, Dr. Paul Kalanithi developed night sweats, back pain, and cough. His weight dropped precipitously. In May, 2013, he was diagnosed with stage 4 non-small cell EGFR positive lung cancer. He had never smoked. He was treated and went back to work.
Pioneers Take Arrows. Staying Safe When You Are Leading Innovation.
As medical innovation evolves, someone is the first person to do a procedure. If the results are great – wonderful. What happens if the results are great most of the time, but one patient out of 100 has a horrible complication? If that patient sues for malpractice, he will argue you were not following the […]
Are Doctors Responsible or Liable for the Germanwings Crash?
Recently, co-pilot Andreas Lubitz locked himself in the cockpit of a Germanwings plane and intentionally caused the plane to crash, killing himself and 149 passengers and crew. We are learning new information daily. Apparently, he had a doctor’s note declaring him unfit for flying on the date he crashed. And, he apparently sought help in […]
Timing of Pulling the Plug
What’s the difference between an optimist and a pessimist? An optimist believes these are the best of times. A pessimist is afraid he’s right. It’s an old joke. But, it exemplifies how we expect things will turn out.
Nationalizing Expert Review Panels
A handful of states mandate that medical malpractice cases first be reviewed by panels of experts. These panels rule on the merits of a case. They conclude the standard of care was violated or it wasn’t. In the states that use such panels, such as Indiana and New Mexico, the panel’s decision is not […]
