Some health care providers are starting to get it. When you mess up, fix it. Don’t hide. Don’t cover it up. Don’t blame the patient. Just do the responsible thing and fix it. Today’s Wall Street Journal writes about the relatively recent phenomena of hospitals that not only step in and…
Articles Posted in Medical Negligence
Failure to Inform Patients of Abnormal Test Results
An article in Archives of Internal Medicine (2009;169(12):1123-1129) reveals that about 1 in 14 abnormal outpatient test results are either not reported to the patient or the report to the patient is not documented. The article summarizes a study consisting "of a retrospective medical record review of 5434 randomly selected patients aged 50…
The First Syllable of “Lawyer” is “Law”
A Tennessee lawyer who purports to have knowledge and experience in Tennessee medical malpractice law recently wrote a blog post that advised the pubic about statutes of limitations in medical malpractice cases. His post was wrong, and it was obvious to me that he was unaware of the legislation passed in June…
Dead By Mistake
The "Dead By Mistake" website, hosted by the San Francisco Chronicle, contains chilling stories of deficiencies in our health care system that result in injury and death. This alone brings the point home: more people die each month from preventable medical errors than died in the terrorist attacks of 9/11.…
Blore’s Razor
Those of us who do medical malpractice work are familiar with Occam’s Razor, the common understanding of which (as stated on Wikipedia) is that "of several acceptable explanations for a phenomenon, the simplest is preferable, provided that it takes all circumstances into account." Those of us who do medical malpractice…
New Tennessee Legislation of Interest to Tort Lawyers – Post 4
This is the fourth in a series of posts that addresses new laws of interest to Tennessee tort lawyers. For other changes go to the Legislation 2009 category of this blog. Those of us who keep an eye on the Tennessee General Assembly know that there is an ongoing battle…
A National Medical Safety Board?
That is what Tennessee’s own Jim Hall called for in today’s New York Times. An excerpt from Jim’s op-ed piece: Because American medicine accepts error as an inevitable consequence of treatment, our hospitals, insurers and government do little to respond to unnecessary deaths. If we are to address the problem…
New Tennessee Legislation of Interest to Tort Lawyers – Post 1
This post is a first in a series of posts that will address new laws passed by the 106th General Assembly and signed into law by Governor Bredesen. The posts will run two or three days per week over the next several weeks. The first post is a change to…
SVMIC – 2008 Financial Results – Part 4
I have released three prior posts on the financial condition of State Volunteer Mutual Insurance Company – click here to read them: Part 1, Part 2, Part 3. The bottom line is that conservative financial management at SVMIC has permitted the company to accumulate a quarter of a billion dollars…
Consent Provisions in Professional Liability Insurance Policies
Last Friday a Memphis jury awarded almost $24M to a woman and her husband in a civil suit arising out of what the jury found to be medical negligence arising from the failure to promptly diagnose breast cancer. The woman is in the last weeks of her shortened life. It…