Physician Risk Management 2012-09-01

Is expert witness in malpractice suit making false, misleading statements?

(Editor's Note: This is the second of a two-part series on expert witness testimony in medical malpractice cases. This month, we report on how a witness could be prevented from testifying and what actions could result in physicians being accused of witness tampering. Last month, we covered possible approaches if witnesses for the plaintiff give inaccurate testimony.)

Do EMRs reduce or increase lawsuit risks?

A study from Harvard Medical School that tracked 275 Massachusetts physicians found that 49 claims related to alleged malpractice occurred before implementing electronic medical records (EMRs), and only two claims occurred after EMRs were adopted.

Was order texted? Patients are at risk

While a resident was entering an order to discontinue warfarin, she was distracted by an incoming personal text message that interrupted the order, and the patient continued to receive the drug for three days.

Negligent retention or hiring: Bigger verdict?

If a plaintiff sues not only a physician but also the physician group that contracts to provide services at the hospital, the plaintiff might argue a negligent hiring or negligent retention theory, says Joseph P. McMenamin, MD, JD, FCLM, a partner at Richmond, VA-based McGuireWoods.

Don't fail to follow up on findings: Avoid suits

If a chest X-ray ordered by a specialist has suspicious findings requiring follow-up, the patient's primary care physician might not even be aware that the test was ordered.

Elective inductions may raise legal risks

Compared with women who entered labor spontaneously, elective induction was associated with a 67% increased chance of requiring a cesarean delivery, according to a study on over 28,000 births in South Australia from 2006 to 2007.

Actions after suit may worsen physician's woes

If you learn you are named in a lawsuit, your first impulse is likely to be accessing the patient's medical record.

Physician Legal Review & Commentary: Failure to diagnose pregnant woman's fetal defects including missing limbs leads to $4.5 million verdict

News: A 30-year-old pregnant woman's medical team, including ultrasound sonographer and the supervising physician, failed to diagnose her fetus's numerous defects, including missing limbs.

Physician Legal Review & Commentary: Hospital's missed total arterial blockage results in jury verdict of $6.4 million

News: A 37-year-old man was transported to the emergency department complaining of chest and shoulder pain after playing basketball earlier in the day. EMS workers noted the man experienced atrial fibrillation en route to the hospital.

Physician Risk Management – September 1, 2012

September 1, 2012