If You Have My Film on the ‘Lightbox’, Diagnose Me Now – Not Later

Wisdon comes with winters. Oscar Wilde A recently filed West Virginia case presents a common issue in medical malpractice cases. The human and economic costs of injuries pile up when radiology films are not properly read. The purpose of radiology tests like MRI’s is to correlate clinical signs and symptoms to findings on films. Underlying […]

COVID Misinformation As Medical Malpractice

COVID Misinformation From Your Doctor is Malpractice (Not An Opinion) But a vocal minority of doctors are undermining this relationship and taking advantage of the public’s trust by intentionally spreading Covid misinformation and disinformation. From making false claims about vaccines to offering to sign medically unnecessary mask exemptions in exchange for payment, these “disinformation doctors” are […]

Florida’s Wrongful Death Law Is Wrong

Florida bars any wrongful death claims for victims of medical malpractice where other families with different types of wrongful death claims are allowed to proceed. I have been fighting against this cruel law for most of my career. While the legislature dithers around with bills proposed to remedy this inequity (powerful insurance and health care […]

Peer Review Privilege is Built upon a Bogus Myth (Convince Me I’m Wrong)

The news (Trial Court Order Forcing Disclosure of Quality Assurance Materials Appealed) about the hospital lobby in Illinois (Chicago is home to the Joint Commission for the Accreditation of Hospitals that conducts “sentinel event reporting” on licensed hospitals nationally) filing a brief to block patient safety reports led me into my archives. I have written […]

An Emergency Room Liability Primer

An emergency medicine physicians group has sued Envision Healthcare, the giant health care services company, alleging that it violated California laws barring corporations from practicing medicine when it took over staffing of the emergency department at Placentia-Linda Hospital in Placentia, California, in August. Doctors sue Envision Healthcare, say private equity-backed firm shouldn’t run ERs in California The […]

A New England Argument for Apologies (Do We Really Need a Law?)

The Case for “Apology Laws” in Healthcare One of the biggest arguments against an apology law is that when negligence occurs healthcare professionals should be held accountable. However, this is not hindered by an apology law. All an apology law provides is the ability for a physician to apologize for an outcome, no matter the […]

California has had enough of the caps that protect bad doctors.

Opinion: Raise Old Caps On Medical Malpractice “Tort Reform” swept across the country during the ’80s. Pushed by heavy lobbying and promises of lower premiums from the insurance industry, States made it more and more challenging to pursue remedies against health care providers and obtain total and fair compensation. Most of us in the business […]

Ouch. Mistakes Happen: Doc Does Vasectomy Instead of Circumcision, Patient Sues.

Mistake: Doc Does Vasectomy Instead of Circumcision, Patient Sues I remember a case when I did defense work where an ophthalmologic surgeon heard his nurse say “two and a quarter turns” of the eyeball when she actually said “two quarter turns” as she read the instructions for a procedure he had never before performed. The […]