Medical Liability Minute

EP 73: Doctor Sexually Assaults Veteran Patient.

The plaintiff is an Iraq war veteran. The doctor was treating injuries he suffered during combat. The doctor is accused of inappropriately touching the patient's genitalia during treatment - and then withholding the patient's prescription unless he allowed the doctor to inappropriately touch him.

The result: A bench trial. The patient received a $1.5 million settlement. It's important we discuss how we can protect ourselves, our colleagues, and our patients from this kind of horrific behavior.

EP 72: Surgeon Vs. Surgeon: Noncompete Violation. Borrowed Prescription Ledger. Messy Lawsuit.

We return to the state of Florida, and its surgeon vs. surgeon. The defendant signed a non-compete contract with his former employer. He allegedly departed the practice and set up shop next door – violating his non-compete agreement.

It gets juicier – the departing surgeon allegedly told patients he still worked for his former employer. He may have also used a prescription ledger from his previous employer. This case is messy. Our podcast has the details…

EP 71: 5 Year-Old Patient. Misdiagnosis. Catastrophic Stroke.

A five-year-old child presented at the ER with difficult symptoms. The child was seen by a physician's assistant - not an MD. The physician's assistant tested the child for strep throat, based on the child's symptoms. The test returned positive. The child was prescribed medication and sent home. A few hours later, the child suffered a massive stroke. The child is now bound to a wheelchair and requires a life-care plan. How did this happen? And what can we learn?

EP 70: Pharmacy Refuses to Fill (Then Confiscates) Valid Opioid Prescription. Lawsuit Ensues.

The patient, who became the plaintiff, suffered from a defective hip replacement. He needed medication to manage his pain. He tried to fill his prescription at a local pharmacy. The pharmacist believed the man was pill-seeking and turned him away.

The patient called his doctor, who told the pharmacist the prescription was legitimate. The pharmacist still refused to fill the order. Worse, they confiscated the man's prescription. Cue opioid withdrawal. What happened?

EP 69: Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 2 of 2)

Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis.

Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents.

We spoke to Dr. Hickson at length.

Listeners can learn more about the CPPA by visiting the links below.

Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home

Twitter: VUMC_CPPA

EP 68: Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 1 of 2)

Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis.

Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents.

We spoke to Dr. Hickson at length. Listeners can learn more about the CPPA by visiting the links below.

Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home

Twitter: VUMC_CPPA

EP 67: How a 21st Century Answering Service Immunizes Practices from a Surprisingly Common Source of Litigation. The After-Hours “He-Said She-Said.”

We cannot count the number of times a doctor has called us and said: “If I only had a recording of my conversation with the patient, my case would have been dropped instantly.” During a medico-legal crisis, solid evidence can save a doctor from a disruptive, expensive, drag-out knock-down lawsuit.

We spoke at length with Dr. Michael Nusbaum, co-founder of MedXCom. MedXCom provides doctors with a simple, reliable, HIPAA-compliant means of storing and retrieving conversations with their patients for 23 years. The technology makes patient-to-doctor communication easier, more secure, and lower-risk. MedXCom is more than just an automated answering service – if you are sued, its technology can save you.

When you are ready to protect your practice and start using MedXCom, please register here: https://medx.com/medjust/

 

Visit MedXCom to learn more and select your plan today. When you register,  please be sure to select Medical Justice under “Are you a member of any of the following Medical Associations?” The Authorization Code is 2021.

EP 66: The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 2 of 2)

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges - and what do to in the event they are sued. Mr. Pujji’s wisdom is invaluable - every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 

EP 65: The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 1 of 2)

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges - and what do to in the event they are sued. Mr. Pujji’s wisdom is invaluable - every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 

EP 64: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 3)

In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice's negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered - meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.