Verdicts
Recent rulings of interest to you and your practice.
Vaginal Birth After Cesarean Risks for Patient And Doctor
Major shifts in clinical practice rarely evolve as quickly or dramatically as has occurred with the practice of offering a trial of labor to patients who have had a previous cesarean section. Vaginal birth after cesarean (VBAC) has become a relatively rare event in recent years. The popular press has addressed the issue as a matter of patient choice, while the obstetrical community has focused on safety -- both for the patient and for the health care providers. Medical malpractice liability has been cited as a reason for the decision by a number of hospitals in the United States to stop offering VBAC to its patients. If that is, in fact, one of the reasons for this move, it demonstrates the essential nature of our legal system as a check on the use of dangerous and unsupported clinical practices by our health care community.
Weighing Risks and Rewards in Health Care Financing
The United States spends $1.4 trillion on health care annually, translating to the potential for $300 billion in health care financing. Those are numbers that deserve more than a passing glance. However, according to a recent survey of U.S. health care leasing published by R. S. Carmichael & Co. and the Equipment Leasing Association ("ELA"), <i>Healthcare Equipment Leasing, 2003 U.S. Market Dynamics and Outlook</i>, only 10 companies controlled 85% of this sector.
Statistical Analysis
Complex statistical evidence -- based on huge samples, reams of academic and government studies and hours of testimony -- has been the weapon of choice in many epic battles. The list of major cases in which both sides have deployed legions of statistical experts is impressive: Bendectin, silicone breast-implants, Agent Orange and tobacco are just several of the many substances over which massive statistical battles have been waged. Currently, both sides of the debate over whether caps on non-economic damages help reduce medical malpractice insurance premiums are trading ground-shaking volleys of weapons-grade statistical analysis.
Med Mal News
National news of interest to you and your practice.
Expert Witnesses Disciplined By Their Own Ranks
In last month's issue we looked at a pending complaint made against a forensic psychologist to the ethics committee of his professional organization by an examinee unhappy with the psychologist's recommendation. We also explored case law in the Seventh Circuit that holds the decisions of professional organizations are not reviewable by the courts as long as the person being disciplined was given procedural due process. In this month's installment, we see how this state of affairs not only negatively impacts the professional prospects of the medical expert but also the free expression of valid medical opinions in the courtroom and other comparable settings.
Verdicts
Recent rulings you should know.
Federal Courts and Discovery of Electronically Stored Information
Although most medical malpractice actions are brought in state courts, some must be litigated in federal courts, usually because of diversity of citizenship. When it comes to discovery in these cases, it's important to understand the federal rules that come into play.
Physician Apologies for Medical Errors
The Associated Press has reported that medical students and physicians are now being taught that an open acknowledgment of regret for medical errors, even an apology, may help doctors avoid malpractice lawsuits. In Illinois, malpractice reform legislation includes a concept known as "Sorry Works," recommending that an apology be offered when mistakes are made or untoward results occur. Within the overall context of medical malpractice risk management, a recent evolution in dispute resolution philosophy suggests that direct, forthright communications between physician and patient may reduce the risk of future litigation.
Med Mal News
The latest news of interest to you and your practice.
