Every day, more than 5 Tennesseans die as a result of medical malpractice. How do I know such a thing? Simple math. The Institute of Medicine has reported that 98,000 people a year die from medical malpractice. Think about it: the death rate from medical malpractice is the equivalent of…
A couple of months ago I filed an application with the American Board of Professional Liability Attorneys seeking board certification in medical malpractice cases. I have been board certified as a civil trial specialist for over 15 years. In fact, several years ago I served as President of the National Board…
Washington State’s outstanding plaintiff’s lawyer offers great advice to those of us who have lost jury trials. A sample from "First Aid for Lawyers When They Lose Their Case:" When trial lawyers who are passionate about their client’s cause lose the case, their pain for the loss of their client…
Senator Orin Hatch (R-Nevada) asked the Congressional Budget Office to update its previous findings concerning the effect that restrictions on the rights of patients to hold the health care industry responsible for errors that kill or injure patients ("tort reform"). Here are some of the findings from the report: "National…
Yes, handoffs occur in football. But they also occur in healthcare, when one professional transfers the responsibility for caring for a patient to another provider. Here is how The Doctor’s Company explains handoffs when talking about hospitalists: The primary objective of a handoff is to provide accurate information about a…
President Obama announced yesterday that the government will set aside $25 million to support state grants for pilot programs to reduce medical malpractice lawsuits. ABC News describes the grant process this way: The Department of Health and Human Services will oversee the process for states to launch and test initiatives…
The Washington Supreme Court has struck down the filing of a certificate of merit in medical malpractice cases in Washington state. The certificate is required by RCW 7.70.150. The opinion said that the statute was unconstitutional because it violated the separation of powers between the Legislature and the Judiciary and…
The Georgia Legislature imposed a cap on noneconomic damages in meritorious medical malpractice cases in 2005. The cap is $350,000. In a case tried in Fulton County several years ago, the jury’s verdict exceeded the cap, and the Georgia Supreme Court is now considering whether the cap is…
Max Kennerly has done it again. Read this post on the Litigation and Trial bog which looks behind the allegation that the American people support medical malpractice reform. Before you do, read the following: DO YOU AGREE OR DISAGREE WITH THIS STATEMENT: As part of any health care reform plan, Congress needs…
A reader sent me an article in September – October 2009 issue of Harvard Magazine that discusses the work of Dr. Atul Gawande. Dr. Gawande is very interested in patient safety. One of his interests is the use of medical checklists, a subject I have addressed in a previous post. Apparently, …