Although the plaintiff’s expert provided some controversial comments on the standard of care, it is likely that, if given his well-established expertise, a proper analysis and explanation of his testimony will, at the very least, increase the plaintiff’s odds of obtaining a favorable verdict. There always is a standard of care, especially for relatively common procedures. The standard may not exist in written form. Instead, it is considered to be what a reasonable physician would do in similar circumstances within the same community.
There is no mandatory retirement age for physicians, but there is good reason to consider how aging may affect their abilities to safely and effectively practice medicine, especially for surgeons. Some healthcare organizations are addressing those concerns with programs that provide additional monitoring and testing for physicians as they age.
Hospitals continue outsourcing to ASCs, causing intermingling of services and cultures that challenge both. Surgery centers decided they could improve the services in their own facilities better than in the traditional hospital environment. However, hospitals have made great strides in the improvement of their services and are eager to joint venture with surgeons in several ways.
In addition to a requirement for in-house practitioners to undergo testing at age 75 and older to be credentialed or re-credentialed, Sinai Hospital in Baltimore also has developed a comprehensive two-day program for surgeons who are referred to them by any facility for more extensive testing of cognitive and physical skills or capabilities.
Patient heard remarks suggesting sexual abuse, plus possible malpractice
June 6, 2016
A patient’s secret recording of her surgery revealed what one risk manager calls “inexcusable and reprehensible” behavior, including disparaging remarks about her body, comments that could be considered racially offensive, and suggestions that the woman be touched inappropriately by members of the OR team. The recording also documents what could be malpractice: a surgeon administering penicillin after he verbally acknowledged her allergy.