One medical malpractice insurer, The Doctors Company, has an interesting article on medical malpractice claims concerning pap smears. Here is a excerpt from the article that discusses the scope of the problem: To put the potential magnitude of this problem in perspective, a College of American Pathologists (CAP) study of…
Articles Posted in Medical Negligence
Tennessee Ranks #40 in Doctor Discipline
Public Citizen ranks Tennessee 40th in its 2008 ranking of serious doctor disciplinary actions taken by state medical licensing boards. The Tennessee board took a total of 40 serious disciplinary actions against the 18,137 doctors in Tennessee, or a total of 2.44 actions per 1000 physicians. The total leading states were Alaska…
Prescribing Drugs for Off-Label Use
Many of us know that doctors prescribe drugs for uses other than those approved by the FDA. This article discusses off-label drug prescribing and suggests that physicians who prescribe a drug for an off-label use follow the following steps to obtain informed consent: a statement that the off-label use is…
Expert Testimony Allowed on the Issue of Recklessness in Medical Negligence Case
The Idaho Supreme Court has permitted an expert to opine that two defendants in a medical negligence case engaged in not just negligent but reckless conduct. In Jones v. Crawford, 2009 Opinion 53 (Idaho S. Ct. April 8, 2009), a defendant appealed from an adverse jury verdict in a wrongful…
Never Events
Here are the 28 medical events that the National Quality Forum says should never occur: Surgical Events Surgery performed on the wrong body part Surgery performed on the wrong patient Wrong surgical procedure on a patient Retention of a foreign object in a patient after surgery or other procedure Intraoperative…
“They Killed My Patient. Then They Tried to Hide It.”
These are not the words of some crazy plaintiff’s lawyer. These are the words of a doctor. Dr. Amy Tuteur at Harvard. An excerpt: "If I had been angry about what happened to the patient, I was even angrier after learning of the deception. The hospital had deliberately lied to…
The Latest From David Mills
From the March 30, 2009 edition of Courtoons.
A Look Back: Senator Frist and Terri Schiavo
It was four years ago today that I wrote about the ability of Senator Bill Frist to make a medical diagnosis via videotape. Here is my follow-up post from June 16, 2005, written after the release of Ms. Schiavo’s autopsy. Did Dr. Frist’s videotape diagnosis cost him a shot at the…
Medical Malpractice Filings Down – New Statutes Reducing Number of Lawsuits
We have some preliminary data on the number of medical malpractice case filings in certain counties since the October 1, 2009 effective date of the medical malpractice notice and certificate of good faith statutes. One new statute requires that actual notice be given to defendants in med mal cases before a lawsuit is filed. …
Nashville Scene Speaks Out Against Efforts by Nursing Homes to Limit Liability for Malpractice
An article by Jeff Woods at Nashville Scene: The nursing home industry is back at the legislature this session demanding a law to cap its liability in Tennessee courts for neglecting and abusing residents. That’s even though a legislative study committee, which met once after last year’s bill failed,…