Litigation
Professional Education
Are You Aware and Prepared for New 2023 Laws?
May 18, 2023
Social Inflation Drives Up Malpractice Payouts—and Insurance Rates
Robert White, President of The Doctors Company and TDC Group, discusses the impact of social inflation on the medical malpractice industry.
Mar 21, 2023
The BI Interview with Dr. Richard Anderson of The Doctors Company
Richard E. Anderson, MD, FACP, Chairman and Chief Executive Officer of The Doctors Company and TDC Group, discusses medical malpractice exposures in the wake of the COVID-19 pandemic and how broad changes in the healthcare sector will alter the liability landscape.
Mar 20, 2023
Sexual Harassment Allegations in Healthcare: Rising Risks
Healthcare practitioners are not immune from the growing number of reported incidents of alleged sexual harassment in the workplace. This article provides risk mitigation strategies.
Mar 09, 2023
Who Can Sue Docs for Wrongful Death? Some States Are Trying to Expand That Group
Remi Stone, Director of Government Relations, The Doctors Company, part of TDC Group, and Peter Kolbert, JD, Senior Vice President, Claim & Litigation Services, Healthcare Risk Advisors, part of TDC Group, discuss potential implications of wrongful death legislation.
Feb 23, 2023
The Pandemic’s Impact on Malpractice Claims
Peter Kolbert, JD, Senior Vice President, Claim & Litigation Services, Healthcare Risk Advisors (HRA), part of TDC Group, discusses the impact the pandemic had on malpractice claims as we approach the third anniversary of COVID-19.
Feb 12, 2023
Urgency Needed for Medical Grade Wearables
David L. Feldman, MD, MBA, FACS, Chief Medical Officer, The Doctors Company and TDC Group, discusses the importance of understanding how technology like wearables impacts medical liability.
Jan 06, 2023
Assisting in Your Defense: Strategies for Healthcare Practitioners
Although the majority of healthcare practitioners will face a malpractice claim, few are prepared when served with a lawsuit.
Dec 23, 2022
Key Factors in a Deposition: What Healthcare Professionals Can Expect
A deposition is a discovery tool used in civil, administrative, and criminal litigation. Our expert outlines what healthcare professionals can expect if they receive a notice of a deposition.
Dec 15, 2022
Eight Best Practices for Medical Malpractice Defense
Peter Kolbert, SVP for Healthcare Risk Advisors, part of TDC Group, provides insight on how preparation is the best tool to defend malpractice litigation.
Video Nov 18, 2022
What to Expect from Litigation: Dr. Grollo's Perspective
Dennis Grollo, MD, a family physician, describes a malpractice case against him involving a long-time patient and allegations of using an out-of-state pharmacy. Dr. Grollo worked as a team with his attorney and The Doctors Company claims specialist to provide a strong defense with the support of medical and phone records. In the end, the jury exonerated him.
Professional Education
Reducing the Risk of a Malpractice Claim
This enduring program is designed to assist physicians, dentists, and advanced practice clinicians, improve patient safety by providing information on how to implement a root cause analysis (RCA2) when a near-miss, or injury has been identified. Real cases serve as examples of how sustainable change can minimize human and environmental factors while decreasing system failures and reducing the risk of a malpractice claim.
Jul 28, 2022
Defensible Medical and Dental Records
Patient records, which serve a critical function in healthcare delivery and routine clinical operations, can provide key evidence in the event of a professional liability action.
Jul 13, 2022
Malpractice May Be Negative, but Its Data Can Generate Positive Results
We can leverage malpractice data to target and drive investment in patient safety efforts. Malpractice data shows us very clearly that good communication and teamwork are vital to preventing adverse events and malpractice claims—while also dramatically improving working conditions and enhancing patient safety.
Jun 17, 2022
Practice Protection for Administrative and Regulatory Actions
Our legal and patient safety experts describe the types of complaints against healthcare professionals that trigger agency investigations and advise how to respond to notifications.
From
The Doctor’s Advocate
Jun 09, 2022
Coping With Litigation: Tips for Healthcare Professionals
The first step in alleviating the stress and uncertainty created by an allegation of medical or dental malpractice is to understand the litigation process and the defendant’s role during each step.
Mar 31, 2022
Long COVID—What Physicians Should Know
Healthcare providers should remain aware of the biggest risks associated with long COVID, what factors can lead to malpractice suits, and how to reduce risk.
Mar 24, 2022
Malpractice Litigation Strategies in a Pandemic World: Tackling Skeptical Jurors, Trial Delays, Social Inflation
In the era of the COVID-19 pandemic, medical malpractice suit challenges have been exacerbated by delays in proceedings, resulting in many more months or years on this emotional roller coaster to resolution.
Video Aug 27, 2021
What Is the Current Status of COVID-19 Litigation in the U.S.?
Marco Spadacenta, Senior Vice President of Claims for The Doctors Company, explains the current status of COVID-19 litigation and what we may see in the future.
Video Aug 27, 2021
Are There Any Immunities in Place to Protect Healthcare Providers from Lawsuits during COVID-19?
Marco Spadacenta, Senior Vice President of Claims for The Doctors Company, discusses federal and state immunity orders during the pandemic and whether the current protections under the PREP Act will be repealed.
Video Aug 27, 2021
What Types of Claims Can We Expect to See Filed as a Result of COVID-19?
Marco Spadacenta, Senior Vice President of Claims for The Doctors Company, details the different kinds of claims we may see filed as a result of the pandemic.
Video Aug 27, 2021
How Can Physicians Prepare Themselves Now to Best Defend a COVID-19-Related Lawsuit?
Marco Spadacenta, Senior Vice President of Claims for The Doctors Company, offers advice on how to prepare now in the event of a COVID-19 lawsuit.
Aug 16, 2021
ADA Accessibility for Healthcare Websites: How Practices Can Avoid Suits and Attract Patients
More than 3,000 digital accessibility lawsuits were brought in 2020—a 23 percent increase over the prior year. Healthcare practices and organizations, like businesses in many other industries, may be sued by web users who allege that there are site-use access barriers for those with disabilities and impairments that violate the Americans with Disabilities Act (ADA) and various state laws. Those caught up in these lawsuits can pay millions of dollars and be bound by the settlement to make specific changes to their websites.
Jun 17, 2021
Deferred, Delayed, Disrupted: Mitigating Risks from Care During COVID-19
The pandemic has disrupted healthcare so thoroughly that in some sense, COVID-19 has affected all of healthcare. The effect on care has been stunning in magnitude. By mid-2020, more than 40 percent of U.S. adults had delayed medical care or avoided it entirely, including care for urgent and emergent complaints.
Jun 14, 2021
Should You Offer Your Services as a Paid Medical or Dental Expert?
Consider these key questions before deciding to accept the role of paid expert witness. Functioning as an expert witness is not a role to be entered into lightly.
Apr 19, 2021
Why It’s Vital to Choose a Doctor-Owned Medical Malpractice Insurer
Choosing a medical malpractice insurer involves more than just reviewing the cost of premiums—physicians must consider which insurer has their best interests at heart. Consolidation in the industry has led to shareholder-owned companies acquiring doctor-owned companies and vice-versa. When an acquisition brings a doctor-owned company into the hands of shareholders, physicians have a prime opportunity to ask: Is this the type of insurer I want protecting my reputation?
Apr 09, 2021
Malpractice Claims from the COVID-19 Pandemic: More Questions Than Answers
The pandemic has raised pressing questions around preventive measures, vaccines, and safe treatment, but it has also obscured one key lingering uncertainty for medical professionals: Where are all the medical malpractice claims?
Video Mar 09, 2021
How Will COVID-19 Impact the Severity of Malpractice Claims?
Richard E. Anderson, MD, FACP, chairman and chief executive officer of The Doctors Company and the TDC Group of Companies, examines how COVID-19 will impact the severity of medical malpractice claims.
Dec 14, 2020
Before COVID-19, Outlier Medical Malpractice Verdicts Were Rising—What’s Next?
Severity—the average cost of a medical malpractice claim—continues its relentless increase. Though severity has been rising since at least the 1970s, in recent years we have seen a sharp increase in outlier verdicts, which exceed common policy limits and often set records for their venues. Before the pandemic, nearly all states had seen these extraordinarily large awards, but whether the pace of these awards will be affected by the pandemic is unknown. Some U.S. states have adopted limited liability protections for physicians during COVID-19, but those protections may be tested in the courts.
Oct 13, 2020
COVID-19 Administrative and Medical Record Documentation: Prepare for Future Lawsuits
For months, physicians and practice managers have been in crisis mode due to COVID-19 and have faced daunting challenges daily. What the future holds relative to the evolution of COVID-19 remains unknown, but it is certain that litigation for COVID-related claims is on the horizon and will impact physicians in all medical specialties and practice models.
Sep 23, 2020
Advocacy Update: COVID-19 Medical Liability Protections
During the COVID-19 crisis, The Doctors Company has continued to advocate broadly for comprehensive liability protections for healthcare providers and facilities. Our advocacy efforts include protections for healthcare providers treating COVID-19 patients (or suspected COVID-19 patients) and for providers who have had to change the way they practice in response to emergency orders.
Sep 22, 2020
COVID-19 Is Changing Liability Risks and Litigation in Healthcare
Across the spectrum of care, healthcare delivery is changing as the COVID-19 pandemic continues, creating additional pressures to maintain patient safety and shaping new liability risks for hospitals, group practices, and solo physicians.
Aug 25, 2020
Distracting Devices in Healthcare: Malpractice Implications
Digital distraction in healthcare is a threat to patient safety and physician well-being. Personal electronic devices can create a digital distraction so engaging that it consumes awareness, potentially preventing healthcare providers from focusing on the primary task at hand—caring for and interacting with patients.
Jul 24, 2020
Medical Liability Protections for Healthcare Professionals Benefit Us All
Physicians and other healthcare providers who have made good-faith efforts to provide the best possible care under crisis conditions should be able to continue focusing on their patients and not have to live under the shadow of potential unwarranted litigation. While many states have extended targeted medical liability protections to healthcare providers, federal protection is essential.
Jul 24, 2020
COVID-19 Highlights Regulatory Impact on Practice of Medicine
Practically overnight, the practice of medicine was dramatically changed, both by the exigencies imposed by the COVID-19 global pandemic and by the governmental response to the medical crisis.
Jun 04, 2020
Top 7 Insurance and Legal Questions for Resuming Medical Practice During COVID-19
We’ve heard from physicians that they are concerned about the risks involved in reopening their practices, resuming elective procedures, or otherwise resuming something closer to their usual patient interactions.
Jul 18, 2019
How the Medical Malpractice System Influences Care
Richard E. Anderson, MD, FACP, The Doctors Company chairman and CEO, discusses how the medical malpractice system often burdens good physicians with years-long lawsuits—and shows how the cost of defensive medicine affects us all.
Video Sep 04, 2018
What to Expect from Litigation: Dr. Gupta's Perspective
Adverse outcomes sometimes occur even when physicians follow the standard of care and do all they can for their patients. This video, the third in a series showcasing actual claims experiences, highlights the stress and worry that accompany a medical malpractice lawsuit. Emergency medicine physician Dr. Malkeet Gupta recounts how being sued for medical malpractice affected him.
Video Aug 13, 2018
What to Expect from Litigation: Dr. Del Zotto's Perspective
This video, the second in a series showcasing actual claims experiences and providing physicians with insight about what to expect if they are sued for malpractice, features Dr. Thomas A. Del Zotto. He discusses the claim that was made against him and how the support of his insurer, his attorney, and expert witnesses helped him win his case.
Video Aug 05, 2018
What to Expect from Litigation: Dr. Nye's Perspective
Dr. Elizabeth R. Nye, an obstetrician and gynecologist in Chicago, describes how she defended herself against a medical malpractice lawsuit involving a complicated delivery that led to the death of the infant. Dr. Nye recounts the emotional impact of the lawsuit.
Video Jul 30, 2018
What to Expect from Litigation: Dr. Go's Perspective
This video features cardiologist Darlene M. Go. Dr. Go discusses the malpractice claim that was made against her and how the support of her insurer, her attorney, and expert witnesses helped her win her case.
Video Jul 06, 2018
Surviving the Medical Malpractice Litigation Process
Litigation Education Retreats, for members of The Doctors Company, help doctors facing lawsuits deal with the stress of litigation and become more effective and assured in court.
Video Mar 21, 2018
What to Expect from Litigation: Dr. Wuest's Perspective
Thomas K. Wuest, MD, MMM, an orthopedic trauma surgeon in Eugene, Oregon, describes his experience defending himself against a medical malpractice suit involving a man who fell over 20 feet from a utility pole and sustained multiple injuries.
Video Feb 23, 2018
What to Expect from Litigation: Dr. Johnson's Perspective
Dr. Jeffrey D. Johnson, a family physician in Corpus Christi, describes his experience defending himself against a medical malpractice suit involving a young man who committed suicide using prescription medication.
Video Feb 10, 2018
What to Expect from Litigation: Dr. Michelin's Perspective
Dr. David P. Michelin, a gynecologic oncologist in Traverse City, Michigan, relates his experience with a malpractice suit involving a hysterectomy and staging for uterine cancer.
Video Feb 04, 2018
Malpractice Case Studies: What Went Wrong? (Episode 2)
A malpractice attorney clearly explains why proper documentation is essential each time a physician sees a patient. Lack of documentation can lead to a lawsuit—don't make this mistake.
Video Feb 04, 2018
Malpractice Case Studies: What Went Wrong? (Episode 1)
In these cautionary tales, attorneys discuss medical malpractice cases that went awry—and how physicians can protect themselves.
Oct 19, 2017
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 there are steps doctors can take to ease the strain.
Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 2)
Many physicians find it difficult to cope with the stress of a medical malpractice claim. In this video, attorneys provide tips for remaining focused during the litigation process.
Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 1)
The vast majority of doctors will face a medical malpractice lawsuit at some point in their career. Legal experts provide tips on how physicians can prepare to be an effective member of their own defense team.
Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 3)
This video explains why it's vital for physicians facing a medical malpractice claim to become an integral part of the defense team. Claims defense is most effective when the physician and attorney work together as a team—the attorney relies on the physician to be the medical expert, just as the physician should rely on the attorney to be the legal expert.
Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 4)
Attorneys share their insight on how doctors can provide successful testimony and avoid inadvertently assisting the plaintiff's attorney.