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Plaintiff attorneys and their contingency fees: causes of chaos in medical malpractice litigation
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 Read more… Plaintiff attorneys and their contingency fees: causes of chaos in medical malpractice litigation originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - April 8, 2024 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

Rise of mega payouts: Physicians are now the white whales
In recent years, malpractice attorneys have intensified their efforts to target physicians, becoming more aggressive in their pursuit of legal action. This relentless pursuit can be likened to Captain Ahab’s relentless quest for the white whale in the famous novel Moby Dick. The landscape has become increasingly challenging for physicians, as recent tort reform legislation Read more… Rise of mega payouts: Physicians are now the white whales originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - April 4, 2024 Category: General Medicine Authors:
Subscribe to The Podcast by KevinMD. Watch on YouTube. Catch up on old episodes! We are joined by Ron Chapman II, a federal criminal defense attorney, who sheds light on the increased scrutiny that physicians are facing from regulators. During our conversation, Ron delves into the impact that legal challenges can have on the careers Read more… Physician scrutiny: legal challenges and career impact [PODCAST] originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - March 27, 2024 Category: General Medicine Authors: Tags: Podcast Malpractice Source Type: blogs

Malpractice lawsuits: a data-driven approach to risk management
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 Read more… Malpractice lawsuits: a data-driven approach to risk management originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - March 11, 2024 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

Steps to take so that a medical malpractice lawsuit is decided from unbiased opinions
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 Read more… Steps to take so that a medical malpractice lawsuit is decided from unbiased opinions originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - February 15, 2024 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

Just culture and medical errors [PODCAST]
Subscribe to The Podcast by KevinMD. Catch up on old episodes! Join Scott Ellner, a general surgeon. We delve into a compelling story from a decade ago, where a medical error had profound consequences for both a patient and the surgeon involved. Discover the emotional toll on health care professionals, the importance of creating a Read more… Just culture and medical errors [PODCAST] originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - January 24, 2024 Category: General Medicine Authors: Tags: Podcast Malpractice Source Type: blogs

When medicine meets law: Mastering malpractice suits with scientific methods
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 Read more… When medicine meets law: Mastering malpractice suits with scientific methods originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - January 21, 2024 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

Why physicians should care about the False Claims Act [PODCAST]
Subscribe to The Podcast by KevinMD. Catch up on old episodes! Our guest, Scott Ellner, a general surgeon, shares insights and real-life stories that shed light on the challenges health care providers face when financial incentives clash with patient-centered care. We’ll explore the impact of wasteful spending, the power of the False Claims Act in Read more… Why physicians should care about the False Claims Act [PODCAST] originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - January 16, 2024 Category: General Medicine Authors: Tags: Podcast Malpractice Source Type: blogs

Discover the hidden world of state medical board complaints
In a world of 24/7 news coverage often highlighting high-verdict medical malpractice cases, few physicians know about thousands of complaints that undergo review by state medical boards each year. Most complaints are filed by patients and/or family members, malpractice payment reports by insurance companies, and actions by other state medical boards. In North Carolina, where Read more… Discover the hidden world of state medical board complaints originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - December 26, 2023 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

Medical malpractice or miscarriage of justice? A doctor ’ s ordeal.
In 1999, Sally Clark was convicted of murder. Her son, Christopher, had been born in September of 1996 and by all accounts, had been a healthy baby. Just three months later, an ambulance was called to the home, and the baby was dead. The mother, Sally, said that she had just put him to bed Read more… Medical malpractice or miscarriage of justice? A doctor’s ordeal. originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - December 21, 2023 Category: General Medicine Authors: Tags: Physician Pain Management Source Type: blogs

From now on, doctors will not be thrown under the bus when they are sued for medical malpractice
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 Read more… From now on, doctors will not be thrown under the bus when they are sued for medical malpractice originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - December 20, 2023 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

Humanism in health care: How to address patient harm
I want to preface this story by stating that Sarah has given written authorization to share her story, allowing my colleague and me to transform a challenging experience into a valuable lesson in the inevitability of mistakes and the profound capacity for forgiveness and growth. Ten years ago, I was approached by a distressed physician Read more… Humanism in health care: How to address patient harm originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - December 12, 2023 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

A scientific approach to malpractice defense
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 Read more… A scientific approach to malpractice defense originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - November 21, 2023 Category: General Medicine Authors: Tags: Physician Malpractice Source Type: blogs

Bridging law and medicine [PODCAST]
Subscribe to The Podcast by KevinMD. Catch up on old episodes! We sit down with Armin Feldman, a medical consultant to attorneys. Join us as Armin shares his valuable insights into the world of medical/legal consulting, where he acts as a bridge between attorneys and treating doctors. Discover how this unique role benefits both legal Read more… Bridging law and medicine [PODCAST] originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - November 15, 2023 Category: General Medicine Authors: Tags: Podcast Malpractice Source Type: blogs

A path to safer health care [PODCAST]
Subscribe to The Podcast by KevinMD. Catch up on old episodes! We’re joined by Barbara L. Olson, a nurse and the chief clinical officer at The Just Culture Company. We dive into the recent report by the President’s Council of Advisors on Science and Technology (PCAST) titled “A Transformational Effort on Patient Safety.” Barbara shares Read more… A path to safer health care [PODCAST] originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - November 11, 2023 Category: General Medicine Authors: Tags: Podcast Malpractice Source Type: blogs