8/28/2024· Medical Malpractice
What To Do if You Are Sued For Medical Malpractice
By: Dr. Jorge Perez
"Dear Dr.___, this letter will serve as a notice of intent to initiate litigation against you for medical negligence…" These words can be ominous and unsettling to the average physician. However, the following ten points will help you navigate a medical malpractice lawsuit and offer the best advantage to a successful outcome.
10/26/2023· Medical Malpractice
Administrative Law - Standard Of Care In Opioid Stewardship
By: Joel L. Kent, MD
I was asked by a state medical licensing board to evaluate the practice of a primary care physician in regards to their oversight of opioid analgesics. My findings identified serious aberrant events in the majority of the cases reviewed. Among the aberrancies that raised concern included episodes of DUI events in several of the patients in question...
10/26/2023· Medical Malpractice
The Role Of A Plastic Surgery Expert In Medical Malpractice Cases
When it comes to medicine, patients trust their physician to improve their health and enhance their appearance. Often times, a plastic surgery expert can provide input as to assessing the Standard of Care and identifying possible negligence or errors.
1/27/2023· Medical Malpractice
Defense Support - Paralysis Following An Epidural Injection
By: Joel L. Kent, MD
In this case I was asked to assist in the defense of a physician who had performed a T5/6 epidural on a patient who subsequently developed an epidural hematoma and resultant spinal cord injury with paralysis. The suit contended that the injuries sustained by the patient were the result of negligent..
7/20/2022· Medical Malpractice
Hernia Mesh Complications Expert Witness: Challenges And Potential Issues In Hernia Mesh Litigation
By: Dr. Kent Sasse
Mesh is used to support the tissues in most hernia repairs in the U.S. This practice stems from research showing that without reinforcement material, hernias tend to recur frequently over the long term when the repairs are performed using suture repairs alone. Surgical mesh, made from polypropylene
4/26/2022· Medical Malpractice
By: Dr. Kent Sasse
Metabolic and Bariatric surgery and endoscopy play increasingly important roles in the treatment of type two diabetes and obesity. American Diabetes Association and other societal guidelines now incorporate sleeve gastrectomy and gastric bypass into their recommended treatment protocols.
11/5/2016· Medical Malpractice
Physician Assistant and Nurse Practitioner Malpractice Trends
Trends in malpractice awards and adverse actions (e.g., revocation of provider license) following an act or omission constituting medical error or negligence were examined. The National Practitioner Data Bank was used to compare rates of malpractice reports and adverse actions for physicians, physician assistants (PAs), and nurse practitioners (NPs). During 2005 through 2014, there ranged from 11.2 to 19.0 malpractice payment reports per 1,000 physicians, 1.4 to 2.4 per 1,000 PAs, and 1.1 to 1.4 per 1,000 NPs. Physician median payments ranged from 1.3 to 2.3 times higher than PAs or NPs. Diagnosis-related malpractice allegations varied by provider type, with physicians having significantly fewer reports (31.9%) than PAs (52.8%) or NPs (40.6%) over the observation period. Trends in malpractice payment reports may reflect policy enactments to decrease liability.
3/25/2015· Medical Malpractice
How Can Causation Be Established in a Labor and Delivery Malpractice Action?
A malpractice action requires the plaintiff to prove: (1) the defendant caregiver owed a duty of care to the plaintiff-patient, (2) the caregiver departed from that standard of care, and (3) that departure from the standard of care actually caused the injury claimed by the plaintiff. "Causation" 11; often the critical component in a malpractice action because the presence of a duty is often obvious, except perhaps in "Good Samaritan" cases, but the statutorily-required expert witnesses will argue about whether the caregiver departed from some standard of care. Because defining "causation" is difficult, there are interesting distinctions in legal versus medical, sociological, or philosophical concepts of cause-and-effect. Applying this difficult concept of "causation" to the very complex world of labor and delivery (L&D) does indeed beg the question, just how can causation be established?
1/28/2011· Medical Malpractice
Your Med-Mal Expert – An Advocate for the Truth
In 1998, problems with my vision forced me to retire from the active practice of cardiac surgery...In recent years it has become progressively more difficult for attorneys to find experts willing to tell the truth about malpractice.
1/26/2011· Physician Assistants
Does The Employment Of Physician Assistants And Nurse Practitioners Increase Liability?
We assessed whether physician assistant (PA) and nurse practitioner (NP) utilization increases liability.
by Ernest Chiodo, MD, JD, MPH, CIH
by James J. Farley
by James A. Jacobs, et al
