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Malpractice

Malpractice premiums stabilize

December 30, 2009

Tort reform successful in keeping down high malpractice rates as some--believe it or not--actually drop.

Washington State Supreme Court overturns certificate of merit requirement

Ann W. Latner, JD November 27, 2009

Some states require a qualified medical expert to sign off on a document attesting that there is merit to the plaintiff's claim.

Malpractice caps: Courts will decide legitimacy

Ann W. Latner, JD November 18, 2009

State supreme courts in Georgia, Illinois, Oklahoma, and Maryland will determine whether to do away with caps on noneconomic damages.

Melanoma: Errors lead to missed diagnosed

By Ann W. Latner, JD November 18, 2009

After referring his patient to a dermatologist to have a mole looked at, the clinician considered the case resolved. Not so fast.

Malpractice lawsuits drop with apologies and honesty

Ann W. Latner, JD November 13, 2009

Honesty really is the best policy, especially when it comes to taking responsibility and avoiding lawsuits.

A malpractice suit arises from the football field

David S. Starr, MD, JD September 17, 2009

A gridiron pro sues his team's doctor and physician assistant after repeat concussions sideline his promising career.

Malpractice: Will the economy trigger suits?

By Abby Jacobson, MS, PA-C September 17, 2009

What are your legal obligations to a patient who cannot afford office visits and insists on refilling a prescription without appropriate follow-up?

Drug-drug interaction stumps doctors

September 17, 2009

A study found that physicians, nurse practitioners, and physician assistants incorrectly identified more than 50% of drug pairs with potentially dangerous interactions.

Nearly nine out of 10 U.S. physicians would like health reform better with malpractice provision

September 17, 2009

In the same survey, 94% of physicians say defensive medicine has led them to order unnecessary tests or procedures.

MICRA survives yet another challenge

August 19, 2009

The California Supreme Court upheld the landmark law's constitutionality, but that doesn't mean the battle has ended.

Successful negotiation in four easy steps

Abby Jacobson, MS, PA-C August 19, 2009

Negotiation is an acquired skill that you can practice and enhance. To get the most out of your next trip to the bargaining table, follow these four basic principles.

Lab results can trigger malpractice suits

July 28, 2009

Physicians often fail to inform patients of their tests results—or to document that notification—raising the likelihood of a lawsuit, a recent survey suggests. Here's how you can avoid that fate.

Malpractice payouts continue to fall

July 20, 2009

Public Citizen found the number of payouts declined for the third straight year and account for a minuscule portion of health-care costs.

Malpractice: Are you really protected?

By Abby Jacobson, MS, PA-C July 13, 2009

Although providers may strive to practice good medicine, uphold their personal limits, and offer the highest standard of care, many of will still be named in a malpractice suit.

Insurance expert: Personality can be a factor in litigation

June 19, 2009

Physicians "must accept that behavior and personality play an absolutely critical role in the outcome of malpractice action," says Mark Gorney, MD. "Juries are at least as heavily influenced by their feelings about the players as they are by the facts of the case."

Oklahoma revamps civil court rules

June 09, 2009

Oklahoma has overhauled its procedures for medical malpractice lawsuits, reinstating pretrial certificates of merit and limiting most pain-and-suffering damages.

Reforms cited for dramatic caseload decline

June 09, 2009

Since 2003, Pennsylvania courts have required malpractice plaintiffs to file certificates of merit in which a medical expert attests that the applicable standard of care was violated. The number of medical malpractice cases has plunged since then.

Medication errors can come from weight-y mistakes

June 09, 2009

Mistakes or omissions in obtaining patient weights caused almost 500 medication errors in Pennsylvania hospitals.

Malpractice policy pitfalls

Abby Jacobson, MS, PA-C June 09, 2009

Does your current liability coverage make you vulnerable to a claim filed by a patient you treated years ago? The answer depends on what type of policy you have.

Safety experts urge focus on diagnostic mistakes

May 20, 2009

Diagnostic errors should be the next major target of patient-safety efforts and research, a pair of Johns Hopkins experts urge.

Arizona top court OKs qualifications for expert witnesses

By Myra Dembrow April 29, 2009

The Arizona Supreme Court has upheld a law that requires experts with defined minimum qualifications to certify that the malpractice allegations raise legitimate issues before a case can proceed.

Oregon raises malpractice cap for public physicians

By Myra Dembrow April 28, 2009

Oregon has raised the limits on malpractice and other negligence awards against state-employed physicians, but private physicians remain unprotected.

Too many alerts mar e-prescriptions

March 20, 2009

Does prescribing software give you too much of a good thing with its constant drug warnings? Alert fatigue could waste time and, worse, harm patients.

Nosy nurse runs afoul of HIPAA regulations

By Ann W. Latner, JD February 04, 2009

Breaching the privacy of a patient's records could send her to jail and jeopardize the entire clinic.

Malpractice rates drop for some physicians

January 28, 2009

Doctors in at least four states are paying less for malpractice insurance than they were a year ago.

Electronic records tied to fewer malpractice payouts

By Myra Dembrow December 19, 2008

Electronic health records (EHRs) appear to reduce the number of malpractice payouts, Harvard researchers reported. Their study showed only 6.1% of physicians who used EHRs had a malpractice settlement history, compared with 10.8% of physicians who relied on paper.

When a doctor snubs PSA screening

By Ann W. Latner, JD November 17, 2008

Must physicians with doubts about the test's usefulness allow fear of liability to override their clinical judgment?

Are you prescribing medication or "dealing drugs"?

By David S. Starr, MD, JD September 30, 2008

Professional and law enforcement authorities frown on clinicians who try to offer rehab on their own.

Patient responsibility in getting test results

Asked by Sandra Sabb, MD, Farmington Hills, Mich., and answered by John Y. Davenport, MD, JD June 02, 2008

Where does our liability end and the responsibility to follow up on abnormal test results (including Pap smears and mammograms) reside with our patients? For example, do we need to send certified letters to patients who don't follow up or to those who never get the recommended tests done in the first place?