The Doctor’s Advocate | Second Quarter 2015
Case Studies

What to Expect from Litigation

Our commitment to protecting the practice of good medicine extends to delivering information that matters to doctors. During our most recent reader survey, members asked for more case studies, so we’ve created a unique video series featuring members speaking candidly about their litigation experiences.

In our featured case study, an 18-year-old man presented to Dr. Jeffrey D. Johnson, a family physician in Corpus Christi, Texas, for pain treatment after being the victim of an assault. The patient claimed he had not been adequately treated for pain in the emergency department and requested a refill of his Xanax prescription. Noting trauma and defensive wounds consistent with an assault, Dr. Johnson prescribed hydrocodone. He also wrote a gap prescription for Xanax. The patient took fatal doses of both medications, and his parents filed a medical malpractice suit. Dr. Johnson asserted that the patient was responsible for how he took the medications, and the jury agreed.

Hear how Dr. Johnson was supported by his defense attorney and claims representative—all part of The Doctors Company’s relentless defense.

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The Doctor’s Advocate is published by The Doctors Company to advise and inform its members about loss prevention and insurance issues.

The guidelines suggested in this newsletter are not rules, do not constitute legal advice, and do not ensure a successful outcome. They attempt to define principles of practice for providing appropriate care. The principles are not inclusive of all proper methods of care nor exclusive of other methods reasonably directed at obtaining the same results.

The ultimate decision regarding the appropriateness of any treatment must be made by each healthcare provider considering the circumstances of the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.

The Doctor’s Advocate is published quarterly by Corporate Communications, The Doctors Company. Letters and articles, to be edited and published at the editor’s discretion, are welcome. The views expressed are those of the letter writer and do not necessarily reflect the opinion or official policy of The Doctors Company. Please sign your letters, and address them to the editor.

Choosing a malpractice insurer?
Here’s what to ask.

Selecting a medical malpractice insurer is one of the most important decisions you’ll make. This guide outlines what to look for in an insurance company.