Archive for the ‘Malpractice’ Category

Those who follow me on Twitter have seen these references. Here is the rest of my story.
One argument for health care reform involves comparing our health care provision (I will try to avoid the word system, because we do not have one) with that provided in other countries.  These analyses point to the waste [...]

 
via KevinMD and White Coat Notes – MMS First-of-its-kind Survey of Physicians Shows Extent and Cost of the Practice of Defensive Medicine and its Multiple Effects of Health Care on the State

“This survey clearly shows that the fear of medical liability is a serious burden on health care,” said Dr. Sethi. “The fear of [...]

What is malpractice?

21, Jun 2007

Standard of Care Remains a Moving Target in Medical Malpractice Cases
Courts in 21 states adhere to a local or community standard of care in medical malpractice cases, slowing implementation of evidence-based, resource-based, nationwide standards.
So said Michelle Huckaby Lewis, M.D., J.D., of Johns Hopkins and Georgetown University, and colleagues in a commentary in the June [...]

The RWJ has a new blog which featured a series on health courts yesterday. The first entry gives the links to the remaining ones – Reforming Medical Justice
I have written about this issue many times. As I continue to consider this issue, I am struck by the ethics of our current system. [...]

On Birmingham

15, Dec 2006

This is my 14th year in Birmingham. I love living here for many reasons including: the people (very nice), the climate (great for golf), the size (easy commute) and my job (great medical school). This morning I am scanning the NY Times for medical articles, and instead I find this ode to my [...]

Another jury gets duped
So KevinMD posts about a settlement in a cerebral palsy case, because the obstetrician did not do a C-section. The first comment comes from our old pal – CJD – who as usual resorts to sophistry and avoids data.
Malpractice lawyers are felt to be a major factor in the increase in [...]

Kevin MD has a classic post – More ATLA: “Defensive medicine is a hoax”
Please read his column and (if you can handle it) the comments.
Here are my thoughts on defensive medicine. First, physicians and lawyers probably cannot have a constructive discussion on this point because we do not share a common understanding of vocabulary. [...]

Regular readers know that I favor special health courts as the best method of addressing medical malpractice. Last week the Senate had hearings on this subject. Common Good features these hearings on their web page – Senate Hearing on Special Health Courts
Professor Studdert testified at the hearing. He is the author of [...]

JK left this comment. Since many readers do not go through all the comments, I have taken db’s prerogative to reprint the comment (and say a word or two myself).
CJD,
I have read your posts on a number of number of blogs, I have have to say that you just don’t get it. You keep [...]

I guess he is serious

11, Apr 2006

You have to give this guy his due – he named his blog correctly – Judges Who Sympathize With Doctors – Who Needs Tort Reform?
Now many readers might ask – why do I give this guy any publicity? Well I do believe in the free market of ideas. He disagrees with me, and [...]

Judges go to school

10, Apr 2006

This innovative program may improve judging of malpractice cases. I wish everyone could read this entry, but I will excerpt some key paragraphs. Judges hit classroom to learn about medicine
“The objective in this was to give judges a feel for the span of judgment that physicians and other health care providers have to [...]

The malpractice blog

9, Nov 2005

I periodically feature malpractice on this blog, but I certainly focus as much on other issues. This new blog (thanks to Kevin MD for the “heads-up) focuses solely on malpractice. This makes me sick!!. It makes the cut and gets added to my links!
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Medical Malpractice: Yes on I-330
Earlier this year I found myself staring at my computer screen reading and re-reading an e-mail I did not want to send. I knew that once I clicked “submit” I would be locked into a path that I didn’t want to go down, because at the end of it I would [...]

Global look at tort struggles offers glimpse of reform options (membership required)
Physicians around the world say the medical liability system is faltering in a number of countries, hobbled by high premiums in some places, hindered by ineffective approaches in others.
Medical leaders, attorneys and others traveled from as far as Australia, Kenya and South Africa to [...]

1) Would the plaintiff still be able to use testimony from his own expert witness? Or would these court-doctor’s opinions be the only ones heard?
I am guessing here – but I am certain that a plaintiff could ask for an expert witness. I have previously written about the problems of the current expert witness [...]

Special health courts

12, Sep 2005

The legal attack responses have me frustrated, because I feel like they have not read my words. I believe (and cannot cite data) that most malpractice cases that go to trail result in the physician being found innocent. Some of the suing patients deserve compensation.
I do not believe that we should assume that [...]

A reader sent me this link. Malpractice ‘specialty courts’ a threat
THE Seventh Amendment right to a fair and impartial jury of one’s peers has been described as “the essence of justice.” But now the medical establishment wants to tip the scales of justice by replacing our constitutionally guaranteed right to trial by jury with [...]

I appreciate all the comments that I receive on this blog on a variety of topics. I do read all the comments even if I do not immediately respond.
While my rant on Vioxx was about that specific case, the comments quickly developed into a malpractice debate. I have been admonished to be more [...]

House passes liability reform bill — once again (for AMA members)
In a prelude that has become familiar to physicians, the House of Representatives last month, in a 230-194 vote, passed a tort reform bill that would limit noneconomic damages in medical liability cases to $250,000.
The House has passed similar measures several times in recent years, [...]

Hidden Costs of the Liability Crisis
This links to a short blog entry. The author (a substitute at the Point of Law) contends that malpractice carriers should do more to encourage high quality standards. The implication is that improved quality will lead to less malpractice.
His hypothesis is very interesting, however, in internal medicine I [...]

Costly Insurance Fuels Defensive Medicine, but Not Relocation
In May 2003, Dr. David M. Studdert, from Harvard School of Public Health in Boston, and colleagues surveyed 824 Pennsylvania-based physicians who worked in six specialties at high risk of litigation (emergency medicine, general surgery, orthopedic surgery, neurosurgery, obstetrics/gynecology, and radiology). Pennsylvania was chosen because of dramatically rising [...]

Health courts

4, May 2005

I will never leave this issue – because this is the real solution to malpractice.
Let Doctors Think Like Doctors
“Special health courts might let doctors think more like doctors again and less like lawyers,” said Daniel Henninger, Deputy Editor of the Wall Street Journal editorial page, endorsing Common Good’s proposal on the Nightly Business Report (WPBT-TV, [...]

The reality gap

29, Mar 2005

Finally, a brilliant essay on the vegatative state. Terri Schiavo and the Reality Gap
It is through the lens of my father’s death that I have watched the Terri Schiavo case in horror.
First is the Reality Gap. Medical marvels that can save lives have also blurred the line between life and death. But [...]

Lawyerly comments

18, Mar 2005

One pleasure of blogging comes from the comments we receive. GruntDoc has received numerous comments (many from one lawyer) on a recent malpractice rant – Texas MedMal in the News
Having a lawyer and a law student in the family, I often have discussions about the differing viewpoints that our professions take on issues. [...]

Now this is interesting – The Doctor’s Court?
Apparently, magazine Legal Affairs sponsors weekly debates on legal issues. This week’s debate focuses on special health courts. The participants:
Philip K. Howard is Founder and Chair of Common Good and the author of The Death of Common Sense: How Law is Suffocating America. Stephanie Mencimer [...]

I know my spam filter is all screwed up. It thought Rangel was a porn site or something (insert huge grin).
Chris makes this important comment:
Another benefit of special medical courts would be that they could be set up in each state thus bypassing the Constitutional problem of over-reaching Federal power which is generally limited [...]

Special health courts

3, Feb 2005

Common Good directed me to this interesting column about malpractice. The author believes that President Bush has missed an opportunity to propose truly creative solutions:
Better Justice: Bush’s Missed Opportunity
As I believe this link will degenerate over time, I will quote liberally:
Unless radically revised, the malpractice bill will once again die in the Senate because [...]

Medical lawsuit diagnosis
When a friend told me recently he was to undergo a painful medical procedure to see if he has cancer, it reminded me of a time years ago when I faced a similar prospect. The testing in my case would have painful and risked infection.
Fortunately, it was a two-part [...]

Special Health Courts

21, Jan 2005

Long time readers know that I admire Common Good’s approach to tort reform. Apparently the NY Times had good things to say on their editorial page a couple of weeks ago – unfortunately I missed it and am not willing to pay to read the entire editorial.
Common Good comments – New York Times: It’s [...]

A Push in States to Curb Malpractice Costs
As state legislative sessions open across the country this week, Republican governors and lawmakers in many states are mounting major campaigns to control medical malpractice insurance premiums by limiting civil litigation.
In Georgia, Missouri, Washington and more than a dozen other states, Republican legislators have made malpractice premiums a [...]

Who is an expert??

4, Jan 2005

The AMA has this issue “spot on”. Delegates target courts for liability reform expansion
Doctors believe that setting stricter parameters for who is allowed to testify in the courtroom and what information is allowed before a jury can help alleviate some of the medical liability insurance problems they’ve seen.
“Holding these experts accountable is both necessary [...]