As reported here, medical error is the leading cause of death in the United States according to a 2016 Study by Johns Hopkins University. But only 1% of physicians account for more than one third of all malpractice claims that are paid out, a 2019 study published in the New England Journal of Medicine found. The link to […]
I can remember when I first started reviewing medical records. They don’t teach that skill in law school and it felt more like looking for needles in a haystack, turning the pages, and trying to decipher the different handwriting, acronyms, and shorthand. Some mysteries never get solved and some were solved with the help of […]
Discovery in a civil case is not limited to trial evidence. In fact, the rules in most jurisdiction allow discovery of anything that is reasonably calculated to lead to the discovery of admissible evidence. In most medical malpractice cases, this means a list of all prior professional negligence claims (no matter the outcome). These prior […]
In any profession, including medicine, there are rules propounded by varying organizations. Some are local, some are national and some are international. They don’t carry the same weight everywhere. It is important for your lawyer to have access to credible and careful professionals to discern the difference between rules that don’t apply to any given […]
Last week, a story on electronic health records ended up in this blog – reminding me of a 2018 post I made here concerning the increasingly deleterious effect on the accuracy of medical records caused by technology and user laziness or deception that it can promote. The 2018 post about changes in medical record-keeping can […]
A federal judge has awarded $5 million to a New Hampshire woman who suffered years of pain and scarring after a botched surgery at an Army hospital to repair an injury she received in childbirth. The link to the NH bench verdict is here,
It’s my body and my health so why can’t I be the legal owner of my medical record? This important question was debated during a series of webinars run by The BMJ on patient access to medical records. Ownership and maintenance of medical records is a thorny problem in the era of electronic health records. Computer and […]
“While our intent was not to fuel the epidemic, we failed to recognize the broader context of what was going on in society around us,” said Bob Sternfels, who assumed his role as global managing partner leading the 38,000-employee firm in July 2021. “That’s why we have new protocols and policies in place to prevent […]
The link to the story from Palm Beach County is here: Patients express concern over Tenet Health’s potential malpractice Rather than trying to sum it up, allow me to let the story speak for itself. It is one more example of how patients are treated as simple objects or vehicles for the health system to […]
New studies yield data confirming black skepticism of healthcare services quality. Lack of trust is based upon experience. According to a new report, the majority of black adults have had at least one negative experience with a healthcare provider. But young black women are particularly likely to report a harmful interaction during routine health care. […]
