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Nov 29, 2024 | 
kevinmd.com | Howard Smith |Christine Zharova |Oscar Chen |Sera Choi
There are 85,000 medical malpractice lawsuits filed per year. There are 1 million physicians. Therefore, your odds as a doctor for being sued for malpractice are 8.5 percent per year, which corresponds to one lawsuit every 12 years. To make matters worse, two-thirds of lawsuits have questionable merit. A malpractice lawsuit is inevitable because a complication is inevitable. It just takes one complication.
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Nov 23, 2024 | 
kevinmd.com | Howard Smith |Nicholas Bellacicco |Christine Zharova |Oscar Chen
Fundamental in a medical malpractice lawsuit is determining whether an unfortunate outcome is an error of nature or a medical error. An error of nature results from a medical intervention that aligns with the standard of care. A medical error, on the other hand, results from a medical intervention that departs from the standard of care. The problem in medical malpractice is that errors of nature can be random occurrences even when a medical intervention complies with the standard of care.
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Oct 20, 2024 | 
kevinmd.com | Christopher Johnson |Christine Zharova |Jennifer Wiggins |Shah-Naz Khan
Subscribe to The Podcast by KevinMD. Watch on YouTube. Catch up on old episodes!We sit down with Muhamad Aly Rifai, a practicing internist and psychiatrist, to explore the complexities of health care fraud investigations and the profound impact these cases have on physicians’ lives and careers.
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Sep 22, 2024 | 
kevinmd.com | Howard Smith |Christine Zharova |Shah-Naz Khan |Oscar Chen
James Haliczer, an erstwhile defense attorney turned plaintiff attorney, audaciously claims in a YouTube video that “there is no such thing as a frivolous lawsuit.”There are ten species of stakeholders in medical malpractice litigation: claimants, plaintiff attorneys, defendants, defense attorneys, medical experts, medical expert directories, mentors, malpractice insurance carriers, and jurors. They are part of the medical liability litigation industry.
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Sep 13, 2024 | 
kevinmd.com | Howard Smith |Christine Zharova |Nicholas Bellacicco |Shah-Naz Khan
If you are embroiled in a medical malpractice lawsuit today, you are in a difficult situation. Your lawsuit is one of 85,000 medical malpractice cases filed each year. Regardless of what your defense counsel tells you about merit, no one truly knows how many lawsuits have merit. A prominent defense attorney has gone on record declaring that there is no such thing as a frivolous lawsuit and publicly disavows any notion to the contrary. As strange as this seems, it comes from a defense attorney.
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Aug 3, 2024 | 
kevinmd.com | Tracey O'Connell |Jennifer Wiggins |Bob Bhayani |Christine Zharova
It’s estimated that up to 10 percent of all peer reviews are “shams,” thus, it’s worth a few minutes of education so you’re not left grappling if you suspect you might be the target of one. As physicians, we purchase malpractice insurance (or it’s provided by an employer) to protect us from patients who file suits claiming negligence or harmful treatment decisions.
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Jul 22, 2024 | 
kevinmd.com | Howard Smith |Christine Zharova |Oscar Chen |Sera Choi
For two years, I have used this venue to expose medical malpractice litigation as a serious threat to society and the medical profession. From your responses, I conclude that patients and doctors are ready for a paradigm shift. Two elements are essential: rational decision-making and stakeholders like yourselves who care. I have the decision-making model, and you have the desire. However, you are paralyzed by hopelessness. Meanwhile, 85,000 medical malpractice lawsuits are filed per year.
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Jul 4, 2024 | 
kevinmd.com | Howard Smith |Christine Zharova |Nicholas Bellacicco |Shah-Naz Khan
There is a serious flaw in medical malpractice litigation, and it is not what you may think. My post about a hypothetical medical malpractice case is not hypothetical but emblematic of the flaw. Medical staff at a major hospital in Washington, DC, did depart from applicable standards of care regarding limb salvage. The patient is actually a 78-year-old family member who suffers septic shock and a left above-the-knee amputation.
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Jun 9, 2024 | 
kevinmd.com | Jillian Bybee |Howard Smith |Christine Zharova |Nicholas Bellacicco
In Gerald Green’s The Last Angry Man, Dr. Samuel Abelman is a general practitioner in the twilight of a career that spans fifty years of commitment to patients. The time is the 1950s, and the place is Brooklyn, NY. The problem is the proliferation of medical specialties. Although most of his colleagues regard specialization as a greater good because it promises better-trained physicians, Dr. Abelman sees specialization as antithetical to his mission.
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Jun 4, 2024 | 
kevinmd.com | Howard Smith |Ronald Halweil |Christine Zharova |Nicholas Bellacicco
Byrom vs. Johns Hopkins Bayview Medical Center, a lawsuit tried in Maryland in July 2019, is this infamous case. It concerns the failure to perform a cesarean section and brain damage in a 25-week-old infant. It resulted in the largest malpractice verdict ever recorded in the United States, $229 million. After the trial, a spokesperson for Johns Hopkins revealed that the discussion of some facts during the trial was limited by “federal law.” This is the reason for the plaintiff’s verdict.
