I recently wrote a letter to the Davidson County, TN judge who will sentence RaDonda Vaught, a former Vanderbilt University Medical Center nurse convicted on two felony counts in the 2017 death of a patient. RaDonda faces up to 12 years in prison for her role in a complex chain of events that led to the death of Charlene Murphey. I shared my belief that incarcerating Ms. Vaught will not …
Medical-legal consulting is a great way to use your medical training in a non-clinical field that helps people. Physicians all over the country are now doing medical-legal consulting as a rewarding part-time gig.
One service out of many we provide is to give our opinions regarding the causation of traumatic injuries. Some attorneys ask us to provide opinion letters regarding a particular injury caused in a work-related situation, a personal injury …
“Arguably one of the most overlooked yet incredibly important aspects of your malpractice insurance policy is the Consent to Settle Provision. You’re paying thousands of dollars a year for your malpractice insurance; you should have a say in how your claims are handled, don’t you think? Today we’re going to talk …
On December 27, 2017, as the result of a medication error, 75-year-old Charlene Murphey died tragically at Nashville’s Vanderbilt University Medical Center. The nurse who administered the medication, RaDonda Vaught, was criminally convicted for the mishap and the case ultimately caught the attention of the entire global health care community.
Unfortunately, medical errors are not an uncommon occurrence in health care. In fact, they are believed to be the third leading …
Tony (not his real name) was one of those patients who came to be a friend. I was his doctor for 11 years, guiding him through some very difficult times with a chronic autoimmune disease. He was a handyman, a fly fisherman, a husband, a father and a man of deep faith.
His condition was difficult to control, but he always offered a smile as he patiently and hopefully waded through …
Some may think I am a traitor.
I testified against one of our colleagues. And his employment was terminated.
It feels terrible. The type of gut-wrenching terrible that baits my tear and steals my sleep. I find myself rehashing the testimony, always startled afresh at the unambiguous answers.
“What were your concerns?” Counsel asks.
“Patient safety.”
“Do you think he should be employed at this company?”
“No.”
Seemingly simple words that seal a 60-month saga.
My first meeting …
I gasped at the guilty verdict that halted my indifferent scroll through the newsfeed.
In the course of her duties, a nurse who had accidentally administered the wrong drug, self-reported her mistake, and remorsefully admitted her error to a body of her peers was turned into a criminal.
If that standard was applied across the board to medical mishaps, health care as we know it would not exist. We will all be …
Malpractice claims and disciplinary actions are unfortunate realities for too many physicians. A 2016 survey of physicians revealed that 34 percent of them had been sued, and 16.8 percent had been sued more than once. By the time a doctor is 54 years old, there is almost a 50 percent chance that they will have been sued. Disciplinary actions are far less common, but a comprehensive review …
“I do not hesitate to share what I endured. I recognize that there is a code of silence that must be broken when one is involved in legal action. It is imperative that we speak out to patients, legislators, and other physicians against these types of injustices. The sense of …
Arguably one of the most overlooked yet incredibly important aspects of your malpractice insurance policy is the Consent to Settle Provision. You’re paying thousands of dollars a year for your malpractice insurance; you should have a say in how your claims are handled, don’t you think? Today we’re going to talk about the consent to settle provision – why it’s important, how carriers can limit you, and what you can …
While everyone faces some risk of experiencing a delayed diagnosis or misdiagnosis, some studies have found that the problem is more common for women. Women are 50 percent more likely than men to receive an incorrect diagnosis when they’re having a heart attack and nearly 30 percent more likely to receive an incorrect diagnosis for stroke. They are also diagnosed with cancer more than two years later …
Almost ten years ago, there was a knock at the door. My children and I were playing games as it was only a few days after Christmas. All of us answered the door, and there stood a sheriff with papers. He said those dreaded words, “you are served.” As I closed the door, I tried to hold back my tears and get my kids situated in front of the TV. …
More than one in three U.S. physicians will face a medical malpractice lawsuit in their careers. As the role of advanced practice clinicians such as nurse practitioners as primary caregivers continues to grow, so too will their exposure to medical malpractice litigation. Therefore, health care providers may benefit from staying versed in the following key shifts in medical malpractice litigation:
1. Demographic shifts change courtroom dynamics. Read more…
An excerpt from Rheum for Improvement: The Evolution of a Health-Care Advocate.
Their expert witness, “Dr. Z,” was simply a hired gun willing to do their bidding for a price. He had completed only one year of a rotating internship in family practice in the 1960s. He had not done a residency and had no rheumatology training. He had not seen …
Medical-legal consulting is a great way to use your medical training in a non-clinical field that helps people. I started this field 14 years ago and have trained over 1,600 physicians to be medical-legal consultants. Most physicians do medical-legal consulting as a part-time side gig. All of the work is pre-litigation and pre-trial. I don’t act as a medical expert, and I don’t participate in medical malpractice cases.
There are over …
Doing side gigs is in vogue now. I want to tell you my story. It has to do with how one of the leading telemedicine companies ruined my career. I hope that my story will help many of you navigate this tough economy, especially those who are coming out of residency.
I started working as an independent contractor about ten years ago when it first came to the forefront. I worked …
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 …
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 …
I am sure that I have post-litigation stress disorder. It does not actually exist yet as a recognized disorder, but I definitely have it.
You know what else? Countless other physicians have it too.
We don’t talk about it. Besides the fact that lawyers forbid you to speak of ongoing litigation to anyone, especially colleagues, there is such a culture of shame surrounding this subject. Although we now live in a world …
I have been a physician for 26 years. I have been a fierce patient advocate throughout my entire career. It never occurred to me that physicians do not have the same rights of citizenship that the very patients I fight for do. I always thought I lived in a democracy. Medicine is not what it used to be. Articles relentlessly speak of physician burnout as though we are responsible for …
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