Medical Malpractice Bulletin for September, 2008

September 29, 2008

CONTENTS: Perspective: Stroke, Part 2: Stroke/TIA evaluation and treatment both a medical and legal quagmire PSA test is not the standard of care. Discussing it with patients is. Texas liability reforms spur plunge in premiums and lawsuits Can I please have my bullet back? Court request leads to lawsuit against physician Does a patient near […]

Read the full article →

Perspective: Stroke, Part 2: Stroke/TIA evaluation and treatment both a medical and legal quagmire

September 28, 2008

Stroke evaluation, diagnosis and treatment was briefly addressed in last issue’s “Perspective” titled “Is thrombolytic therapy for stroke the standard of care?” Recent articles highlight the need for more information for attorneys on this subject. Liability risk greatest for doctors not using tPA for stroke An August article by Liang and Zivin (Ann Emerg Med. […]

Read the full article →

MEDICAL MALPRACTICE BULLETIN for August, 2008

August 25, 2008

CONTENTS: Perspective: Certificate of Merit statute challenged by national trial lawyers Study finds settling is better than going to trial Choosing one’s battles: A PNW ER doc blogs about two recent malpractice settlements Medical Economics malpractice primer for physicians, Part III: Proximate Cause Some plaintiffs just don’t quit “Loss of chance” doctrine Malpractice claims frequency “mysteriously” […]

Read the full article →

Perspective: Certificate of Merit Statute Challenged by National Trial Lawyers

August 20, 2008

This month’s “Perspective” is a reprint of an article in WSMA Reports, July 31, 2008, from the WSMA Legal Resource Center, Tim Layton, Director. The Center for Constitutional Litigation, the law firm for the national trial lawyers association, has intervened in a case challenging the constitutionality of the state’s certificate of merit statute (RCW 7.70.150). […]

Read the full article →

MEDICAL MALPRACTICE BULLETIN for July, 2008

July 19, 2008

CONTENTS: Perspective: Is thrombolytic therapy for stroke the standard of care? Use of technology in the courtroom lags in med-mal cases Primer for physicians on necessary elements of a successful malpractice suit: Duty to treat “Primer on Medical Malpractice Lawsuits” for attorneys Lawsuit successful, but was the right doctor sued? Expert witness disqualified because legislature […]

Read the full article →

Perspective: Is thrombolytic therapy for stroke the standard of care?

July 19, 2008

The so-called “clot busting” drugs for treatment of heart attacks were heavily marketed and quite widely used for the past 10-20 years. They remain useful in circumstances where better options are not available. However, in the past 10 years evidence has mounted that the best option is percutaneous transluminal coronary angioplasty (PTCA), available only in […]

Read the full article →

MEDICAL MALPRACTICE BULLETIN for June, 2008

June 18, 2008

CONTENTS: Perspective: The high cost of medical care Nevada jury awards plaintiff nothing while finding defendant pathologist negligent: The downside of tort reform Georgia judge rules that tort reform unfairly favors wealthy patients Sanctity of peer review process upheld in US District Court rulings for JAMA and NEJM Lawyers must behave: Two courts find breaches […]

Read the full article →

Perspective: The high cost of medical care

June 18, 2008

Two recent articles contend that, compared to other nations, the United States gets too little value for the money spent on health care. One is by Dr. John Wennberg and colleagues from the Dartmouth Institute for Health Policy and Clinical Practice. The other is a June 18. 2008, JAMA “Commentary” by Ezekiel Emanuel and Victor […]

Read the full article →

MEDICAL MALPRACTICE BULLETIN for April, 2008

April 19, 2008

CONTENTS: Perspective: Rabies? Practicing defensive medicine leaves me sleep deprived Empty chair defense The expert who changed his opinion: follow-up Rapid strep tests The defamed witness “Do it yourself” malpractice law Physicians attempt to curtail frivolous lawsuits Funding your malpractice suit Hospitals won’t bill for medical errors Losing defendants pay plaintiff attorney fees Falsifying records […]

Read the full article →

Perspective: Rabies? Practicing defensive medicine leaves me sleep deprived

April 19, 2008

Normally I try to practice evidence based medicine, meaning that I try not to order unnecessary tests or prescribe unnecessary treatments. To do otherwise, more often than not, has just left me chasing down “false positives,” or unexpected results that mean nothing. I can’t think of many times that I have been truly surprised or […]

Read the full article →