Medical Malpractice: What You Don t Know Can Hurt You



Similar documents
Legal Issues when Treating Patients with Carotid Disease (and other vascular problems) Ruth L. Bush, M.D., M.P.H. Florida Vascular Society May 2013

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE

The Malpractice Lawsuit:

WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS

Medical Legal Issues in Pain Management: Lessons from Real Cases

Mitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False

Medical malpractice. Deborah B. Garibay, RN, JD, CPHRM Deputy General Counsel Medical Faculty Associates, Inc.

Impeaching the Spine Injury Medical Expert. Ernest P. Chiodo, M.D., J.D., M.P.H., M.S., M.B.A., C.I.H. Physician-Attorney-Biomedical Engineer

RECENT MEDICAL MALPRACTICE CASES By Judge Bryan C. Dixon 1. MERE TELEPHONE CONVERSATION WITH TREATING DOCTOR DOES NOT ESTABLISH DUTY TO PATIENT

Personal Injury Law: Minnesota Medical Malpractice

CAUSE NO. D-1-GN BRYN DUFFY, MD and IN THE DISTRICT COURT SUSANNE MATTSSON DUFFY. Defendant. TRAVIS COUNTY, TEXAS

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No.

Basic elements of a medical malpractice claim:

Lowcountry Injury Law

IN THE COURT OF APPEALS OF INDIANA

PROF. M H CASSIMJEE HEAD OF DEPARTMENT OF FAMILY MEDICINE, P M BURG METROPOLITAN HOSPITAL COMPLEX & MIDLANDS REGION

How To Prove That A Doctor Is Negligent

Personal Injury Litigation

WHAT HAPPENS IN A PERSONAL INJURY CASE

S.B th General Assembly (As Introduced)

Medical Malpractice: Keys to Pretrial Success National Business Institute April 2011

Chapter 4 Crimes (Review)

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY

Unintentional Torts - Definitions

FURR & HENSHAW Oak Street, P.O. Box 2909 Myrtle Beach, SC Phone: (843) and

Cardelli Lanfear P.C.

LEGAL ISSUES IN WOUND CARE

CALIFORNIA TORT FORMS FROM EXPERT LITIGATORS (1st Edition) July 2015 TABLE OF CONTENTS

Presentation by: Director of Risk Management UK Healthcare

PRACTICAL TIPS FOR TRYING MEDICAL NEGLIGENCE CASES

MEDIATION AND ARBITRATION OF MEDICAL MALPRACTICE DISPUTES: TIME FOR A POSITIVE CHANGE

The New Jersey Workers Compensation Process from a Defense Attorneys Perspective. TRICO JIF Planning Retreat

MEDCHI, THE MARYLAND STATE MEDICAL SOCIETY HOUSE OF DELEGATES CL Report A Fifty State Survey of Tort Reform Provisions

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

LVM: Session 5 1. Summary of Basic Malpractice Issues

CURRICULUM VITAE ROBERT J. NAPLETON

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law

Silencing the Dead: Invoking and Avoiding the Pitfalls of the Dead Man s Act

William J. Leedom Shareholder Phone:

Today I will discuss medical negligence following a number of recent high profile cases and inquests.

Life as a Medical Malpractice Attorney

My Attorney. What A Personal Injury Lawyer Can Do For You. By Christopher M. Davis, Attorney at Law

Massachusetts Legislature Reforms Medical Malpractice Legislation to Promote Apologies and Encourage Settlements

Abe DeAnda Jr., MD. Associate Professor, Department of Cardiothoracic Surgery NYU Langone Medical Center

Objectives. Why do People Sue? Understanding Medical Malpractice 3/8/2015. Discuss reasons why people sue

Medical Malpractice BAD DOCTORS. G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York

Senate Bill No. 292 Senator Roberson

How To Pass A Bill In The United States

Summary of the Key Provisions of Florida Medical Malpractice Statutes d. Expert Witness Rules

SO YOU HAVE BEEN SUED!

MAKING A PERSONAL INJURIES CLAIM*

Fourteenth Court of Appeals

HOUSE BILL NO. HB0106. Medical malpractice-use of expert witnesses. A BILL. for. AN ACT relating to medical malpractice actions; providing

control the activities of the hospital

Cooper Hurley Injury Lawyers

FURR & HENSHAW.

An action brought against an attorney alleging negligence in the practice of

Electronic Medical Records & Litigation

It s important to understand the process and react properly when it occurs.

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

THOMAS W. WILLIAMSON, JR.

Examining Elements to Prepare the Pediatric Practitioner

Injury Case Roadmap. The Legal Process For Personal Injury Cases. By Christopher M. Davis, Attorney at Law

Medical Malpractice Litigation. What to Expect as a Defendant

Electronic Medical Records & Litigation

MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE

FARAH & FARAH RULES OF LAW

Georgia Board for Physician Workforce

Legal Compensation & Ethical Duties of a Health Care Professional " Alexander M. Voudouris Pace Law Firm

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL (904) /(800) * FAX (850)

Common Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams

Proving Causation and Damages in Spinal Fusion Cases

Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law

How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG

Commonwealth of Kentucky Court of Appeals

Testimony Before: Senate Codes, Health & Insurance Committees. 10:00 a.m. Hearing Room B, Legislative Office Building Albany, NY

Car Accident Representation in New Jersey. Personal Injury in Automobile Collisions in NJ.

Executive summary and overview of the national report for Denmark

The Medical Inquiry and Conciliation Panel Office of Administrative Hearings Department of Commerce and Consumer Affairs State of Hawai`i

How To Take Action In New Jersey

Medical Malpractice and the Electronic Medical Record

VETTING THE EXPERT---YOURS AND THEIRS

LAWS RELATING TO MEDICAL MEN LECTURE II

Medical Malpractice Litigation in Arizona

Update on SB3, The Georgia Tort Reform Law (Updated 3/22/2010)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. No. 2:08-md MJP. Lead Case No. C MJP

Chapter 4 Legal Ethics

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).

Medical Malpractice Reform

SPECIFIC DATA FIELD INSTRUCTIONS

The Effect of Product Safety Regulatory Compliance

Advocate Magazine March Why medical malpractice still matters.

Prepared By: The Professional Staff of the Committee on Judiciary REVISED:

Physicians on Medical Malpractice Reform Options

Three ways to sue health care providers

What To Do If A Lawyer Contacts You By Lustbader Law Firm

Mary H. Spillane Member. Mary H. Spillane

Transcription:

Medical Malpractice: What You Don t Know Can Hurt You O. William Brown, MD, JD Chief, Division of Vascular Surgery William Beaumont Hospital Interim Chief, Division of Vascular Surgery Wayne State University School of Medicine Clinical Professor of Surgery Wayne State University School of Medicine Adjunct Professor of Law Michigan State University College of Law

Components of malpractice suit Physician-Patient Relationship Breach of the Standard of Care Proximate Cause Damages

Physician Patient Relationship

Physician Patient Relationship Direct patient contact Phone call Social setting Side-walk consult? Payment unimportant

Guest at party asks vascular surgeon if 3 month history of leg swelling is significant Surgeon states swelling unlikely to be significant but suggests that individual see her medical physician Individual does not see her medical physician and suffers a PE one week later and dies

Was a physician patient relationship established?

The law is what the judge and the jury say it is

How Terminate Relationship Get fired Physician withdraws from care after giving sufficient notice to patient Resolution of patients medical problem

Standard of Care

Expert witness Breach of Duty (Standard of Care) Defendant s admission Res ipsa loquitor (sponge in the abdomen) Plaintiff is a medical expert Common knowledge (radiation of a pregnant female)

The existence of a medical injury shall not create any

The failure of a health care provider to order, perform,

Standard of Care National standard Locality rule only for hospital equipment Standard of care is different for a resident or fellow Standard of care is the same for a general surgeon and a vascular surgeon performing a vascular procedure

Proximate Cause Patient dies on first post operative night following an open AAA resection At autopsy, retained sponge is found No recovery for retained sponge since it did not cause the patient s death

Informed Consent

Informed Consent Diagnosis Treatment plan Risks and benefits Treatment alternatives Prognosis (with and without treatment)

Informed Consent Must tell patient anything that could affect patients decision whether or not to proceed with treatment

Medical Malpractice Informed consent is NOT the same thing as a consent form Obtaining informed consent is a non delegable duty

Cases Johnson v Kokemoor (individual MD experience and results) Open versus Endovascular -Standard of Care for isolated 2cm common iliac stenosis -Standard of Care for AAA in 75 yr. Old male with perfect anatomy for endograft and history of CAD

Medical Records Anything written in preparation for litigation is privileged. Can not give records or discuss patient s condition with anyone unless you have patient s written permission. (This includes patient s attorney or another defense attorney)

Medical Records The Paper Trail If you don t write it down, it didn t happen Take the time to write down your thought process, not just your conclusions

Expert Witness This is the single greatest problem in medical malpractice today.

Expert witness in Florida Must specialize in the same specialty as defendant or Specialize in similar specialty treating similar patients However last line of expert witness statute states:

This section does not limit the power of the trial court

Medical Malpractice

Medical Malpractice Are Vascular Surgeons who have completed the certifying process through the American Board of Surgery Board Certified?

Medical Malpractice Are Vascular Surgeons who have completed the certifying process through the American Board of Surgery Board Certified?

Medical Malpractice Are Vascular Surgeons who have completed the certifying process through the American Board of Surgery Board Certified? Yes

Malpractice Defenses Reasonably prudent physician Error in judgment Assumption of the risk Contributory and Comparative negligence

Good Samaritan Acts Roadside In hospital (Grodin v. Beaumont) In OR

Joint and Several Liability Hospital Sponsored Insurance Joint defense with the hospital Pitfalls

Statute of Limitations Fraudulent concealment Wrongful death

Conduct of a Medical Malpractice Suit Complaint (Notice of Intent) Discovery -interrogatories -discovery depositions

Discovery deposition Nail down defendant s opinions Witness evaluation

Relevant Anything that tends to make a material fact more or less likely to be true.

Witness investigation Google search Curriculum vitae Past depositions Past legal problems (medical and non medical)

Attorney: Now doctor, isn t it true that when a person dies in his sleep, he doesn t know about it until the next morning?

Attorney: So the date of conception (of the baby) was August 8 th?

Attorney: So the date of conception (of Witness: Yes. the baby) was August 8 th?

Attorney: So the date of conception (of the baby) was August 8 th? Witness: Yes. Attorney: And what were you doing at that

Attorney: So the date of conception (of the baby) was August 8 th? Witness: Yes. Attorney: And what were you doing at that time

Attorney: You were not shot in the fracas?

Attorney: You were not shot in the fracas? Witness: No, I was shot midway between

Attorney: You were not shot in the fracas? Witness: No, I was shot midway between the naval and the fracas.

Attorney: Are you qualified to give a urine specimen?

Attorney: Are you qualified to give a urine specimen? Witness: I have been since early

Attorney: Are you qualified to give a urine specimen? Witness: I have been since early childhood.

Attorney: Doctor, how many autopsies have you performed on dead

Attorney: Doctor, how many autopsies have you performed on dead people?

Attorney: Doctor, how many autopsies have you performed on dead people? Witness: All of my autopsies are

Attorney: Doctor, how many autopsies have you performed on dead people? Witness: All of my autopsies are performed on dead people.

Attorney: Doctor, before you performed the autopsy, did you check for a pulse? Witness: No Attorney: Did you check for blood pressure? Witness: No

Attorney: Did you check for breathing? Witness: No Attorney: So, it is possible that the patient was alive when you began the autopsy? Witness: No

Attorney: How can you be so sure, Doctor? Witness: Because his brain was sitting on my desk in a jar. Attorney: But could the patient have still been alive nevertheless?

Witness: It is possible that he could have been alive and practicing law somewhere.

Deposition Testimony Maintain composure Answer only direct questions Answer only the question that is asked Never try to educate the plaintiff s attorney Be prepared

Lack of concentration can be fatal

Case evaluation Conduct of Medical Malpractice Suit Settlement conference Trial

Perhaps the witness would like to reconsider his answer to my question.

Medical Malpractice Can I sue the plaintiff s attorney for filing a frivolous law suit?

Medical Malpractice In general the answer is No. Exceptions 1. Malicious prosecution 2. Law suits filed in violation of court rules.

Medical Malpractice

Medical Malpractice

Medical Malpractice

Medical Malpractice If I settle the case, am I admitting that I committed malpractice?

Medical Malpractice If I settle the case, am I admitting that I committed malpractice?

Medical Malpractice If I settle the case, am I admitting that I committed malpractice? NO

Settling a Case (Advantages) No loss of time going to trial No risk of excess personal liability No admission of liability No finding of liability

Medical Malpractice Best to Avoid Being Sued

Medical Malpractice Can t Avoid Being Sued

Medical Malpractice Know how to avoid obvious risk Understand basic legal concepts of a medical malpractice suit Know when to hold em and when to fold em and

Medical Malpractice Document Document Document Document Document Document Document Document Document