Long ago, I represented a doctor who was … difficult. He was a phenomenal surgeon, world famous in his field, but he was not warm and fuzzy — not even close. Cold and hard were more his speed. We spent two weeks together, on trial in city hall. It takes about two years from the time a case is filed to the time the case goes to court. During that ...

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From the wrong diagnosis to the incorrect medication, medical mistakes kill as many as 250,000 people annually in the United States — and injure thousands more. This figure could be much higher, considering there’s never been an actual count of how many patients experience preventable harm. We only have an approximate figure, which may indeed be very far off from the truth, considering the inaccuracies in ...

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An orthopedic surgeon and a neurosurgeon walk into a room … Unfortunately, this is not the start of a joke. While we would prefer to be sharing best practices and treating patients in our exam rooms, the fact is we’re spending more time than we’d like in a courtroom. Because our medical liability system is broken, orthopedic surgeons, neurosurgeons, OB-GYNs and other specialty physicians continue to find themselves on the receiving ...

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I’m not here to tattle. No siree, Bob. I’ll save that for my kids. But what I am here to do is spell out a story in which I ended up down in the dumps. A medical mistake happened. To me. On me. I’ll never forget it. I can’t because I carry it with me forever. Here’s the short of the long: My obstetrician messed up. She took care of my pregnancy during one of the most ...

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When Donna Helen Crisp, a 59-year-old nursing professor, entered a North Carolina teaching hospital for a routine hysterectomy in 2007, she expected to come home the next day. Instead, Crisp spent weeks in a coma and underwent five surgeries to correct a near-fatal cascade of medical errors that left her with permanent injuries. Desperate for an explanation, Crisp, who is also a lawyer, said she repeatedly encountered a white wall of ...

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Anyone watching daytime or late-night cable TV has to notice that every third commercial is for a toxic tort. As my wife had breast cancer, one, in particular, caught my eye. In it, the claim was made that: "If you suffered from permanent hair loss due to chemotherapy, you might have a claim because less toxic treatment was available." This struck a chord with me because my wife was in ...

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In the mid-1970s, malpractice lawsuits and skyrocketing jury awards caused commercial insurance companies to raise physicians’ malpractice rates by as much as 400 percent. The practice of medicine was deemed to be “uninsurable.” Thousands of physicians faced cancellation of their policies. As a result, doctors came together to form their own companies to provide affordable and sustainable coverage. However, today’s physicians need more. We spoke with more than 800 doctors, practice ...

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A study of over 890,000 Medicare beneficiaries shows that states with malpractice environments unfavorable to physicians do not see improved postoperative outcomes for 11 different types of mostly elective major operations. States with higher general surgery malpractice insurance premiums had significantly more episodes of postoperative sepsis, pneumonia, acute renal failure, and gastrointestinal bleeding. Those with higher numbers of paid claims per 100 physicians had more postoperative myocardial infarctions, surgical site ...

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Two doctors I work with were recently asked to testify in court. I knew it was a case involving domestic violence and I knew I wanted to see what it was like to testify: One day I’d like to work with families in the foster care system, and that will likely mean having to testify in court. So I asked my clerkship director, and with her support, the clerkship coordinator ...

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Most of the lawsuits I deal with have more than one named defendant. For example, the plaintiff (typically a deceased patient’s next of kin) might sue a hospital, a nursing home, and the attending physician at each facility. Sometimes they go a bit further and may even include the administrator, the director of nursing, and individual HCPs, such as the wound care nurse or the registered dietitian nutritionist. When a lawsuit ...

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