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IME Insurance Malpractice Suit-Adams vs. Gelman

February 16, 2017

Adams v. Gelman, concerning IME Insurance, was decided on November 10, 2016. The case involved three insurance claimants who jointly filed a lawsuit against a Delaware physician claiming that his work for insurance companies over decades, and perceived bias in favor of those companies, amounted to fraud, breach of fiduciary duty, battery, racketeering, and conspiracy. … Read more

FAQ: Medical Malpractice Concerning Narcotic Pain Medication Addiction

February 16, 2017

FAQ: If a patient gets addicted to a narcotic pain medication, who’s fault is it and could it be considered medical malpractice? To figure out if a patient’s addiction to pain medications constitutes medical malpractice, you have to prove that the patient’s doctor was negligent. This means that the doctor did not act reasonably in … Read more

Positive Outlook – Issue 13 – November 2016

November 16, 2016

BETWEEN THE ROCK AND THE HARD PLACE Storm Clouds on the Horizon In the last newsletter, I discussed the reasoning behind anticipating the beginning of a new Medical Malpractice Crisis. This assumption was predicated upon a review of the Diederich Data which documented that Total National Payouts for Medical Malpractice Settlements had declined every year since 2003 until … Read more

Positive Outlook – Issue 13 – July 2016

July 16, 2016

“BETWEEN THE ROCK AND HARD PLACE” By Lewis Sharps, MD STORM CLOUDS ON THE HORIZON Is the next malpractice crisis just over the horizon? Independent data released by Diederich Healthcare compares Total National Payouts for Medical Malpractice Settlements year over year. From 2003 to 2012 payouts decreased each year. Since 2012 Total National Medical Malpractice Payouts have increased … Read more

Positive Outlook – Issue 13 – May 2016

May 16, 2016

Surviving a Medical Board Investigation A Tighter Crackdown on Doctors Any physician can become the target of a state medical board investigation. By law, these licensing bodies are required to evaluate all complaints—serious and silly, and whether filed by a patient, colleague, or hospital. The charges can range from the ridiculous (“I’m a space alien and the … Read more

Positive Outlook – Issue 12 – Jan 2016

January 16, 2016

Providing more care than necessary may work to lower a doctor’s risk of being accused of malpractice, suggests a new U.S. study. Although the results can’t prove extra expenditures are due to defensive medicine, the researchers found that doctors in Florida who provided the most costly care between 2000 and 2009 were also least likely … Read more

Is There Any Hope for Malpractice Reform?

November 9, 2015

Anne L. Finger, MA – Http://Www.Medscape.Com There Are Rays Of Hope Medical Malpractice Continues To Loom Large In The Minds Of Just About Every Practicing Physician. Claims And Rates Are Declining, But The Problem Of Lawsuits Against Physicians Is Far From Tapering Off. And Upcoming Changes In Medicine Due To Doctor/Hospital Consolidations And Uncertainty About The … Read more

It’s Not Just Large Data Breaches That Matter

November 1, 2015

By Jonathan Krasner   We Are All Well Aware Of The Epidemic Of Large Data Breaches That Have Been Occurring Recently.  Anthem, Blue Cross, UCLA, The List Goes On And On.  Over 143 Million Records Breached To Date – An Astounding Figure!  Since 2009, When The Office Of Civil Rights “Wall Of Shame” Came Into … Read more

Positive Outlook – Issue 11 – Sep 2015

September 16, 2015

Most US Physicians Still Work in Small Practices Megan Brooks Most physicians in the United States continue to work in small practices despite the challenging healthcare working environment, according to an updated Policy Research Perspectives from the American Medical Association (AMA). “These data show that the majority (60.7%) of physicians were in small practices of 10 … Read more

Positive Outlook – Issue 10 – Jun 2015

June 16, 2015

Doctors Applaud SGR Bill’s Malpractice Protection Positive Move in the Malpractice Arena Medical groups are applauding the overwhelming vote in the US Senate Tuesday to prohibit plaintiffs from using a physician’s performance on federal quality measures in a medical malpractice lawsuit. The provision included in the legislation to repeal the Medicare Sustainable Growth Rate (SGR) formula would … Read more

8 Steps to Winning Your Malpractice Lawsuit

June 10, 2015

Mark Crane – Http://Www.Medscape.Com A Lawsuit Can Strike Without Warning If You Haven’t Yet Been Sued For Medical Malpractice, The Sad Truth Is That You Very Well May Be At Some Point In Your Career. By Age 65, 75% Of Physicians In Low-Risk Specialties Will Have Been Sued, Compared With 99% Of Physicians In High-Risk Specialties, … Read more

Reviewing the first HITECH breach penalty dealt by HHS

June 10, 2015

Patrick Ouellette – Http://Www.Healthitsecurity.Com/ Last Week, Department Of Health And Human Services (HHS) Announced That Adult & Pediatric Dermatology, P.C. (APDerm) Of Concord, Mass., Will Pay $150,000 In Data Breach Fines. The Most Interesting Part Of The News Wasn’t The Amount Of Money That APDerm Had To Pay – It Was The Fact That The Fine Was The First … Read more

5 Unexpected Ways You Could Get Sued

June 10, 2015

Michael J. Sacopulos, JD – Http://Www.Medscape.Com Introduction Strange Things Often Happen When It Comes To Medical Malpractice Claims. From Missed Diagnoses To Missing Sponges, You May Think You’ve Heard It All Before. But There Have Been Some Shocking Twists On Medical Liability. Here’s To Hoping That We Can Learn Some Hard Lessons By Proxy. Patient Not Warned To … Read more

Patients Who Won’t Sue Their Doctors — Even When They Could

June 10, 2015

Mark Crane – Http://Www.Medscape.Com When Bad Things Happen To Patients Patients Experience Adverse Outcomes Due To Medical Negligence Every Day. Although Physicians Have Legitimate Worries About Being Sued, The Fact Is That Fewer Than 10% Of Those Patients And Families Will Actually File A Malpractice Suit.[1] Why Do So Many Patients With Valid Claims Decline To Sue … Read more

Dealing with a medical mistake: should physicians apologize to patients?

June 10, 2015

Norman G. Tabler, Jr. – Http://Www.Medicaleconomics.Modernmedicine.Com To Err Is Human. Every Physician At Any Experience Level Has Made A Medical Error. Sometimes Mistakes Can Cause Harm To Patients. How Should A Physician Respond? Is There A Role For An Apology, Or Will That Lead To A Lawsuit? Most Medical Errors Go Undetected, And Most Of Those That … Read more

Positive Outlook – Issue 9.0 – Feb 2015

February 16, 2015

20% discount on HIPAA Service program through PPIX. Play Now! Complying with the HIPAA Security Rule and satisfying the Meaningful Use Core Objectives that require a Security Risk Analysis can be a confusing, time consuming and expensive process for a busy medical practice.  However, it no longer need be for PPIX clients thanks to a … Read more

Positive Outlook – Issue 8.0 – Nov 2014

November 16, 2014

Between a Rock and a Hard Place This section is written by one of our insured physicians describing events and situations in the real clinical world.  Doctors are constantly put in situations of doing what is best for their patients while trying to avoid a target on their backs at the same time. Stephen Zabinski, … Read more

Positive Outlook – Issue 7.0 – Aug 2014

August 16, 2014

Between a Rock and a Hard Place Share the load  Andrew C. Furman, MD FACEP Medicine is fraught with shades of gray. Steroids are good. No, steroids are bad. The literature clearly states, we should be doing this! No wait, that study was funded by the drug company. What is true is literature can guide … Read more

Positive Outlook – Issue 6.0 – May 2014

May 16, 2014

Between a Rock and a Hard Place Anti-coagulation following elective or emergency surgery has become a dismal swamp of litigation. Should a post-op spine decompression be anti-coagulated? If not, and the patient develops a significant or life threatening PE, you could be sued. On the other hand, if you do, and the patient develops a … Read more

Positive Outlook – Issue 4.0 – Nov 2013

November 16, 2013

Primary Care Malpractice Cases ‘More Difficult to Defend’ Medscape, September 30,2013 Failure or delay in diagnosis is usually the cause of allegations against primary care physicians. The authors blame the problems on breakdowns in humdrum office processes such as updating patient and family histories, ordering tests, managing referrals, and following up with patients. The authors … Read more

Positive Outlook – Issue 3.0 – Aug 2013

August 16, 2013

Unhappy Patient – What To Do We got a call a few weeks ago from a practice manager of a surgeon’s office asking for advice. She had received a call from an angry patient following the receipt of a bill for $100 and was asking that the surgeon call her. The patient made various accusations … Read more

Positive Outlook – Issue 2.0 – May 2013

May 16, 2013

10 TIPS WILL HELP YOU AVOID EMR LIABILITY EXPOSURE  By: Texas Medical Liability Trust (TMLT is the only health care liability claim trust created and endorsed by the Texas Medical Association.) As you adopt new technology in your practice such as the electronic medical record (EMR), be sure to identify and resolve new liability exposures … Read more

Positive Outlook – Issue 1.0 – Jan 2013

January 1, 2013

Informed Consent Legal Length Discrepancy  Studies have shown that a signed consent form does not guarantee that the patient is completely aware of the specific nature of the treatment, and that patients remain insufficiently informed, even when extraordinary steps are taken to provide comprehensive information and to ensure patient understanding…READ FULL ARTICLE. Malpractice Risks With … Read more

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