Physician Risk Management – December 1, 2012
December 1, 2012
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Just a 'curbside' consult? Court might decide otherwise — Both doctors face legal risks
Just a 'curbside' consult? Court might decide otherwise Both doctors face legal risks -
Avoid claim alleging missed cancer diagnosis
Laboratory or pathology results not sent to the proper physician or not sent at all. Receptionists incorrectly telling patients no follow-up is needed. Computer glitches causing erroneous cancellations of appointments. -
Don't risk suit for failing to disclose surgery risks
Ninety percent of informed consent disputes involve disagreements about who said what and when, according to an analysis of 481 malpractice claims and patient complaints from Australia involving allegations of deficiencies in the process of obtaining informed consent. -
Avoid baseless claims of sexual misconduct
Your examination might have been completely medically appropriate, but a patient might believe otherwise and contact an attorney at the first opportunity. -
Don't assume you know what's not discoverable
As a general rule, state courts allow a much broader range of privileges than federal courts, says Michael E. Clark, JD, LLM, special counsel at Duane Morris in Houston, TX. -
Show plaintiff's lawyer claim not worth pursuing
Claims involving medical malpractice across specialties are dismissed by the court about 55% of the time, according to a study that analyzed claims litigated from 2002 to 2005 throughout the United States. -
Insisting on your day in court? Think twice!
Physicians might think that they have obtained a victory by being given the right to participate in the decision as to whether a case is settled or goes to a jury, or in some cases mandate that a case not be settled because they want their day in court. -
Physician Legal Review & Commentary: Failure to diagnose herniated disk results in paralysis of male, $15 million jury award
News: A 36-year-old male presented to the emergency department with complaints of severe neck pain and numbness in his arms and legs. -
Physician Legal Review & Commentary: Prescriptions of several painkillers leads to overdose, death, and a $1.05 million settlement
News: A woman presented to her ear, nose, and throat doctor seeking treatment for chronic sinusitis. For years, this defendant doctor had prescribed her painkillers such as oxycodone and methadone for headaches and facial pain.