Howard Smith is an obstetrics-gynecology physician.
There are 85,000 medical malpractice lawsuits filed annually. Among them, 52,190 are summarily dropped for reasons unknown; 26,860 are settled; 1,190 result in plaintiff verdicts, and 4,760 in defense verdicts. Only 33.3% of these lawsuits are likely to have merit, while 66.7% do not. To make matters worse, only one out of every 37.5 claims reviewed by attorneys is represented, meaning that 3,102,500 other claims are abandoned for reasons known …
The assassination attempt is the straw that breaks the camel’s back. The “gaslighting” is over. The rules for truth by legacy media are never examined for objectivity. We do not have the Inquisition in the United States; we have the legacy media.
One “fact-checker” measures truth by “Pinocchios.” There is a better way—hypothesis testing. Who better to know about hypothesis testing than a physician?
What if the facts about how Medicare is …
For two years, I have used this venue to expose medical malpractice litigation as a serious threat to society and the medical profession. From your responses, I conclude that patients and doctors are ready for a paradigm shift. Two elements are essential: rational decision-making and stakeholders like yourselves who care. I have the decision-making model, and you have the desire. However, you are paralyzed by hopelessness.
Meanwhile, 85,000 medical malpractice lawsuits …
There is a serious flaw in medical malpractice litigation, and it is not what you may think. My post about a hypothetical medical malpractice case is not hypothetical but emblematic of the flaw. Medical staff at a major hospital in Washington, DC, did depart from applicable standards of care regarding limb salvage. The patient is actually a 78-year-old family member who suffers septic shock and a left above-the-knee amputation. There …
In my research on the case selection criteria used by plaintiff medical malpractice attorneys, one very prominent plaintiff attorney in Maryland spills the beans. He proudly proclaims, “We, who are plaintiff attorneys, take on medical malpractice caused by doctors, but we only accept 1 out of every 37.5 cases we review.” This is done unselfishly and without appreciation.
Seen another way, 87,000 medical malpractice cases are filed every year in the …
In Gerald Green’s The Last Angry Man, Dr. Samuel Abelman is a general practitioner in the twilight of a career that spans fifty years of commitment to patients.
The time is the 1950s, and the place is Brooklyn, NY. The problem is the proliferation of medical specialties.
Although most of his colleagues regard specialization as a greater good because it promises better-trained physicians, Dr. Abelman sees specialization as antithetical to his …
Byrom vs. Johns Hopkins Bayview Medical Center, a lawsuit tried in Maryland in July 2019, is this infamous case. It concerns the failure to perform a cesarean section and brain damage in a 25-week-old infant. It resulted in the largest malpractice verdict ever recorded in the United States, $229 million.
After the trial, a spokesperson for Johns Hopkins revealed that the discussion of some facts during the trial was limited by …
A patient presents to the emergency room of a major local hospital with ulcers on the heels of both feet. The patient is more than 40 years old, smokes, and has hypertension but is not a diabetic.
It is determined that the patient has peripheral artery disease. The patient is admitted to Dr. X’s service. Dr. X is a vascular surgeon with a special interest in endovascular devices for peripheral artery …
In the English Rule, the losing party in a lawsuit pays all legal costs. It is accepted worldwide; however, in the United States, it was replaced by the American Rule. In the American Rule, both the plaintiff and defendant in a lawsuit pay their own legal costs. Of course, there are exceptions.
In theory, the American Rule encourages meritorious lawsuits and discourages frivolous and even malicious ones. It is noteworthy that, …
The first book I ever read was The Last Angry Man. I could never have imagined then how it would influence me now.
It is about a fictional character, Dr. Samuel Abelman. He is a general practitioner practicing in New York City during the 1950s. He is in the twilight of a career that spans fifty years of commitment to the Hippocratic Oath.
In the 1950s, the emerging professional trend is specialization. …
Today, the conventional rules that medical experts use to evaluate the merits of a malpractice lawsuit are established by attorneys, not doctors. These rules are based on inductive reasoning. Inductive reasoning is acceptable except for one thing; it forgives threats to validity. Although the premises are true, the conclusions are influenced by bias. The rules are as follows:
There are four categories of evidence:
…
When you are sued for medical malpractice, your malpractice carrier establishes your duties to it, and your lawyer establishes your duties to him or her. Let me be clear – when you are sued for medical malpractice, you have no greater duty than to yourself. A duty is a commitment or an expectation on you to perform properly in accordance with certain circumstances. A duty may arise from a system …
I am an OB/GYN and no stranger to malpractice litigation. As beleaguered as you may feel when you are sued for medical malpractice, the next hurdle to conquer after you are served is when you realize that your own attorney is prepared to throw you under the bus.
You do not deserve this. Whether a complication is an error of nature or a medical error, a complication always precedes a lawsuit. …
There has always been a “fight club” because there have always been medical malpractice lawsuits. They are predicated on complications, either errors of nature or medical errors, and no doctor is immune. In the United States, roughly 85,000 medical malpractice lawsuits are filed per year, and there are 1 million doctors. For any doctor, the background risk for a medical malpractice lawsuit is 8.5% per year.
Are these statistics acceptable to …
There is no shortage of the problems that plague health care. Even so, health law gurus make problems worse by creating the medical liability litigation industry. Gurus deny creating this industry. They create health reforms and tort reforms to solve problems. That explains the Affordable Care Act, 100 tort reforms, the medical liability litigation industry, and difficulties.
Have you …
In line with my previous posts that explain how to resolve all medical malpractice lawsuits, especially frivolous ones, at the lowest possible cost for the physician and the malpractice carrier, this article addresses a malicious medical malpractice lawsuit. Malicious lawsuits deserve something more. Not only are they all frivolous, but they should exact a cost from those who seek to profit from them.
The forewarning
On June 19, 2018, a patient …
Attention all doctors: You can be dismissed from a medical malpractice lawsuit and, at the same time, save 30% on the cost of your medical malpractice premiums per year.
Just as no physician is immune from a complication, none are immune from a resulting malpractice lawsuit. As of now, you stand a 5% chance each year of a medical malpractice lawsuit that has a 70% chance of being frivolous. A 70% …
A recurring theme expressed by many contributors and commentators to KevinMD is physician burnout.
It is generally accepted that chaos causes burnout. There is no shortage of chaos in the practice of medicine: emotional, physical, personal, professional, and political stresses, not to mention the threat of lawsuits and the cost of liability insurance. This is just the shortlist. There is also no shortage of adjustments that doctors make in response.
It is …
Readers familiar with my earlier posts understand that I believe nothing causes physician burnout more than the threat of a lawsuit. The risk for any doctor is 5% per year; hence, a malpractice suit is inevitable for every 20 years in practice. The common denominator is a complication from which no doctor has immunity.
Those who deny ever being sued are either not practicing long enough or the complication has little …
Lawyers assert that they never file a frivolous lawsuit. All malpractice claims are legitimate because there is a reasonable suspicion of fault when a case is filed.
On January 21, 2022, at 11:40 a.m., I received a call from my attorney, who represented me in a frivolous malpractice lawsuit, informing me that I was unconditionally dismissed. I never doubted that dismissal with prejudice was inevitable.
For a lawyer, a …
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