Malpractice: Settling versus going to court

August 13, 2007

More cases are settled than you can imagine. All the statistics that say physicians often win in malpractice trials fail to take this into account. A settlement almost counts as a loss.



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  2. Charlie Weis: Malpractice trial reactions
  3. Malpractice settlements: "A legalized form of extortion"
  4. Malpractice: Someone gets it
  5. Single payer to fix malpractice?
  6. The demise of Flea, who live-blogged his medical malpractice trial
  7. How malpractice cases affect physicians emotionally


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{ 2 comments }

1 Anonymous August 13, 2007 at 9:25 pm

Perhaps they settle because the physician deserves to lose?

2 Jimeyers July 4, 2009 at 8:45 pm

of course many cases are settled. The physicians who participate on this list have seen many serious injuries they suspected were due to negligence together with others they knew should have been avoided. There are physicians that do not remain current. Others are distracted or simply have developed sloppy habits.

A pAtient is admitted to an emergency department at 2:30pm with complaints of severe mid thorasic back pain, numbness and tingling from the knees down since 10:30AM. The triage nurse recorded her findings as well as a temp of 102.9. The emergency medicine physician didn’t read the triage nurse’s notes and didn’t perform a neuro exam. Instead he concluded the patient was suffering from a renal or abdominal ailment. A diagnosis of epidural abcess was made 22 hrs. Later. Unfortunately, the patient, a twenty-five yo male was rendered permanently paraplegic with absent bowel and bladder function. Even more remarkable errors were made by others. Who is benefitted by the trial of such a matter. This occurred in a university affilliated hospital. The public would benefit from these revelations. The hospital would perhaps be pressured into attempting to change those circumstances which led to the tragedy. Yet the victim, depending solely upon the ministrations of his mother for assistance in the activities of daily living, would clearly benefit from an early settlement. Unfortunately, even when the errors are obvious and the results catastrophic physicians find it difficult to accept their culpability. Instead they point at each other. Hospitals are I’ll equipted to conduct the intensive investigation available to plaintiff’s attorneys. We have much to share in the interest of the wellfare of patients.
ply

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