Physician Risk Management 2013-03-01

Will patient sue if you apologize? Evidence suggests opposite is true

Physicians often fear patients will sue if they apologize for errors that caused harm, but anecdotal evidence and published data contradict this belief.

Lawsuits stem from poor communication with transfers

After presenting to a Missouri emergency department and being diagnosed with pneumonia, a patient developed confusion and a headache.

Off-label prescribing? Know evidence base!

A patient given a medication "off-label" might allege that he or she was harmed by the prescribing physician as a result of negligent prescribing, says Madelyn S. Quattrone, Esq., senior risk management analyst at ECRI Institute in Plymouth Meeting, PA.

Does expert say your care was negligent?

Does an insurance company's expert say your care was negligent, but you disagree? Seek legal advice and evaluate whether a conflict of interest with the insurer exists, advises Damian D. Capozzola, JD, an attorney with Crowell & Moring in Los Angeles and co-author of Expert Witnesses in Civil Trials: Effective Preparation and Presentation.

Check policy now for 'consent-to-settle' clause

If physicians who were additional insured on a group practice policy leave their practices, and later are the only defendants in a medical professional liability action on that policy, they might find themselves unable to settle the claim.

Time limit of 4 years for med-mal suits upheld

Should a patient be allowed to sue a physician for malpractice that occurred many years or even decades earlier? No, according to a recent Ohio Supreme Court ruling that upheld the constitutionality of a state law that prevents medical liability cases from being filed more than four years after the date of an alleged incident.

Physician Legal Review & Commentary: Court awards $5 million against radiologist for failure to diagnose an impending stroke

News: A couple was awarded $5 million against a radiologist who failed to properly diagnose and prevent a stroke that resulted in brain damage.

Physician Legal Review & Commentary: Failure to diagnose meningitis leads to stroke, subsequent brain damage, and a $28.5M verdict

News: A 10-month old infant presented to defendant hospital with complaints of a persistent fever. He was treated by two doctors, who were also co-defendants.

Physician Risk Management – March 1, 2013

March 1, 2013