The American Academy of Pediatrics has issued a Policy Statement titled "Guidelines for Expert Testimony in Medical Malpractice Litigation. After reviewing the role of the expert witness in medical malpractice litigation, the Guidelines begin the "recommendations" section of the paper with this statement: The AAP recognizes that physicians have…
Here is the most up-to-date data on medical malpractice case filings in Tennessee. Regular readers know that effective October 1, 2008 the General Assembly imposed significant restrictions on patients who want to file a medical malpractice suits. The new law, which was modified again effective July 1, 2009, requires pre-suit…
HeathGrades studies Medicare patient care in our nation’s hospitals based on 15 indicators of patient safety. Here are some highlights from the 2009 report representing data from 2005 -2007: · There were 913,215 total patient safety events among 864,765 Medicare beneficiarieswhich represents 2.3 percent of the nearly 38 million Medicare hospitalizations. · These…
You know that patient safety is not a priority in a hospital when your state regulatory agency orders that cameras be installed in your operating rooms. Rhode Island Hospital has had five wrong-site surgeries since 2007. Here is how the AP described the last incident: The latest incident last month…
The Commercial Appeal wrote an interesting story on medical malpractice litigation in today’s paper. Read it here. An excerpt: Nationwide, the number of payments physicians made for malpractice claims fell to 11,037 last year — the lowest figure since the National Practitioner Data Bank began tracking data in 1990. Adjusted…
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…
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…
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, …