Litigation

DEC 14, 2016
Plastic Surgery Closed Claims: What Can We Learn?
Our analysis of closed plastic surgery claims identifies top allegations and the most common factors that contribute to patient injury.
From The Doctor’s Advocate

SEP 23, 2016
The Perils of Printing an Electronic Health Record
David B. Troxel, MD
A design flaw in an electronic health record system led to a malpractice claim against our insured cardiologist.
From The Doctor’s Advocate

SEP 23, 2016
Should You Offer Your Services as a Paid Medical Expert?
Susan Shepard, MSN, CPHRM, and Richard F. Cahill, JD
The decision to function as a paid medical expert should not be entered into lightly.

Plastic Surgery Closed Claims Study

SEP 22, 2016
Plastic Surgery Closed Claims Study
The Doctors Company analyzed 1,438 claims against plastic surgeons that closed from January 2007 through June 2015 to understand what motivates patients to pursue claims and gain a broader overview of the system failures and processes that result in patient harm.

AUG 22, 2016
Did Provider Fatigue Contribute to This Patient's Death?
Julie Brightwell, JD, RN
Provider fatigue and the rush to get things done when staffing levels are inadequate can lead to mistakes and poor outcomes for patients.

APR 11, 2016
Malpractice Claims Consume Years of a Physician's Career
On average, each physician spends 50.7 months, or approximately 11 percent of an average 40-year career, on resolving medical malpractice cases, the majority of which end up with no indemnity payment.

OCT 19, 2015
Overcoming the Stress of Malpractice Litigation: Solutions to Help Physicians Stay Healthy and Engaged
A malpractice lawsuit will generate an array of negative emotions, from self-doubt to high levels of stress and anxiety. But as I learned during my own litigation experience, there are steps you can take to ease the strain you’re under and limit these symptoms, allowing you to continue to serve your patients and maintain healthy relationships with those around you.

OCT 01, 2015
The Defensible Medical Record
Mark Gorney, MD, FACS (deceased), Governor Emeritus; Richard Cahill, Esq., Vice President and Associate General Counsel; and Susan Shepard, MSN, RN, Director, Patient Safety and Risk Management Education.
Most errors of medical judgment can be successfully defended with a complete and unaltered medical record.

JUN 09, 2015
A Claim Involving Childhood Vaccination
David B. Troxel, MD
Dr. David Troxel discusses a tragic event resulting from a failure to track a child’s immunizations.
From The Doctor’s Advocate

APR 06, 2015
Accurate Medical Records: Your Primary Line of Defense
Mark Gorney, MD, FACS, Richard Cahill, JD, and Susan Shepard, MSN, RN
It is critical for every physician to maintain meticulous records, because every medical malpractice suit can be won or lost based on the quality and content of the medical record.

MAR 14, 2015
Analyzing Bowel Perforation Claims
Darrell Ranum, JD, CPHRM, Vice President, Patient Safety and Risk Management
Darrell Ranum outlines findings from a recent analysis of bowel perforation claims. Author: Darrell Ranum, JD, CPHRM
From The Doctor’s Advocate

FEB 01, 2015
Coping with Depositions
Susan Shepard, MSN, RN, and Richard Cahill, JD
A physician's attitude, demeanor, appearance, and conduct during a deposition or trial are as important as the accuracy and quality of the testimony.

MAR 01, 2014
Globalization and Counterfeit Drugs
Thomas T. Kubic and Susan Shepard, MSN, RN
Protect yourself and your patients from the consequences of receiving or distributing non-FDA-approved drug products.
From The Doctor’s Advocate

OCT 29, 2013
Malpractice Case Shows Risk from Physician Not Dating and Initialing Reports
Physicians must be certain that there is a process in place to ensure that no imaging, laboratory, or consultant's report is ever filed unless it has been dated and initialed by the physician as proof that it was reviewed.

APR 23, 2013
'Be Prepared' Is the Motto to Follow When Testifying in a Malpractice Lawsuit
Because the courtroom differs from the exam room or the surgical suite, preparation is key to giving effective testimony.

FEB 03, 2013
Notification of an Incident or a Claim
Notify The Doctors Company immediately if any incident occurs that may lead to action against you.

NOV 27, 2012
REMS: Opioid-Related Patient Safety and Liability
David B. Troxel, MD
The FDA's Risk Evaluation and Mitigation Strategies (REMS) program addresses the epidemic of adverse events related to the inappropriate prescribing, misuse, and abuse of long-acting opioids.
From The Doctor’s Advocate

NOV 25, 2012
End-Tidal CO2 Challenge in the Obstetric Operating Room
Susan K. Palmer, MD, and Jacqueline Ross, PhD, RN
The ability to detect and continuously monitor end-tidal CO2 is a requirement for providers of general anesthesia, but misinterpretation of a monitor's information may create a problem.
From The Doctor’s Advocate

APR 16, 2012
Sinus Surgery: Key Lessons in Malpractice Risk
David W. Roberson, MD
An analysis of closed otolaryngology claims identified risk management issues such as possible technical problems and inadequate informed consent.

APR 16, 2012
Medication-Related Errors and Liability: What Can You Do?
David B. Troxel, MD
This article outlines strategies for mitigation of medication-related errors.

DEC 20, 2011
Back from the Edge: Coping with Physician Stress
David Hanscom, MD
Doctors live with a combination of pressures that can result in burnout. Dr. David Hanscom describes his personal journey.

DEC 20, 2011
A Complication Involving Laparoscopic Lysis of Adhesions
David B. Troxel, MD
Allegations in this case involving laparoscopic lysis of adhesions included negligent performance of surgery and mismanagement of postoperative care.

SEP 01, 2011
A Tragic Lesson in Drug Safety
David B. Troxel, MD
This case study highlights the dangers of not being fully knowledgeable about a prescribed medication.

JUL 01, 2011
Eight Little Words
Ann S. Lofsky, MD
No wording will be more carefully scrutinized than that in a medical record involved in a malpractice trial.

JUN 22, 2010
Who's in Charge?
David B. Troxel, MD
This case study illustrates the importance of promptly diagnosing and treating spinal epidural abscess.

JAN 01, 2005
Assuming the Worst
Ann S. Lofsky, MD
A case study illustrates how a physician's reluctance to aggressively evaluate subtle changes in a long-term patient's symptoms made him possibly liable for the end result.

JAN 01, 2005
Upgrading the Chart: A Dangerous Practice
Mark Gorney, MD, FACS
Alterations of medical records can make otherwise perfectly defensible cases almost impossible to defend.

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