Lawsuits are conventional in medical practice.
An unhappy patient hires a malpractice attorney, who hires a medical expert, who interprets the standards of care and generalizes a departure from the standards of care and proximate cause. The preponderance of evidence is 50% certainty plus an ill-defined scintilla, which needs to be only 0.01% to be good enough.
The lawyer sues the doctor, who notifies the malpractice carrier, hires a defense counsel, and …
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Unfortunate outcomes are inevitable even when practicing quality medicine. Most are random events, but some are medical errors. The majority of physicians have been sued and those, who have not, will be. Common to all defendants is that the lawsuit is totally fallacious.
To be fallacious, the outcome of a medical intervention must be an unpreventable random mal-occurrence. This is the only alternative to a medical error. Nevertheless, there is a …
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Most physicians have been defendants in lawsuits. Plaintiff experts almost always have a feeding frenzy. In truth, expert witnesses are held to codes of conduct about remaining objective and avoiding partisanship or advocacy. Yet, should the verdict favor defendants, these experts, except for deserving the term “hired guns,” are rarely, if ever, held accountable for their feeding frenzy, which conflicts with their ethical obligations.
I want to share my experience. I independently …
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Before COVID-19, the health care system was plagued by another epidemic: malpractice lawsuits. Much is expected of doctors, and disappointments have consequences. Lawsuits are too often a consequence. Under normal conditions, there are 46,000 malpractice claims per year. One-hundred percent begin with the allegation of medical negligence. Seventy-three percent end deciding there is none. In these 33,800 cases are no indemnity payments, but there are $767 million in defense costs.
Now …
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