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  • Malpractice - adding all the names

    Was reading article from medscape . Not able to attach the link

    “Innocent Doctor Sued After 'Secret' Medical Expert Approves: Fuels 18-Month Legal Nightmare


    Alicia Gallegos

    May 06, 2022”


    So, the plaintiff attorneys add all the names, whether you are responsible or not and some “ expert” certified that there is a valid claim agains everyone named

    They physicians have no recourse against the plaintiff, the law firm or expert . How painful is that ?

    in this case, the physicians was just called put a central line or iv access and suffer for more than a year before the name was dropped . Then likely has to report it every time . In certain states , that expert can remain nameless!

    Can’t we do anything as a profession ?

  • #2
    Listen to the podcast “the L word”. It has definitely made me approach things differently and I am much more apprehensive about all the litigation crap. Now with MICRA being repealed in CA, things are just going to get worse. With higher caps on payouts, more lawyers will take the bait of even long shot cases. Meanwhile reimbursements cont to slide…

    something has to give. Doctors need a “union” where we have the ability and power to negotiate with Medicare collectively and to push against BS legal actions

    Comment


    • #3
      Originally posted by DrRab View Post
      Listen to the podcast “the L word”. It has definitely made me approach things differently and I am much more apprehensive about all the litigation crap. Now with MICRA being repealed in CA, things are just going to get worse. With higher caps on payouts, more lawyers will take the bait of even long shot cases. Meanwhile reimbursements cont to slide…

      something has to give. Doctors need a “union” where we have the ability and power to negotiate with Medicare collectively and to push against BS legal actions
      I feel that public and lawmakers have no sympathy towards physicians . I agree that physicians should fight back . Will it happen , I doubt it

      I don’t think it’s just against physicians . Just was reading yesterday that a car owner who had given his car for oil change or something like that , is being sued as one of the employee of car dealership /shop died while other employee was at the wheels . Just Ridiculous.

      Comment


      • #4
        Originally posted by DrRab View Post
        Listen to the podcast “the L word”. It has definitely made me approach things differently and I am much more apprehensive about all the litigation crap. Now with MICRA being repealed in CA, things are just going to get worse. With higher caps on payouts, more lawyers will take the bait of even long shot cases. Meanwhile reimbursements cont to slide…

        something has to give. Doctors need a “union” where we have the ability and power to negotiate with Medicare collectively and to push against BS legal actions
        Will listen to podcast . But how much more you can do . Even when everything is documented, and there is no mistake you have done , still they can add your name for no reason and you can’t do anything

        Only escape is not practicing medicine .

        Comment


        • #5
          Just read an article about a guy who dropped off his jeep for an oil change and is now being sued because the dealership cannot be directly sued.
          https://www.cnet.com/roadshow/news/j...echanic-death/
          Even if you make laws specifically against certain lawsuits to prevent businesses from going out of business, lawyers and judges will find their way around them. Laws are meaningless if the lawyers and judges choose to ignore them. I was sued in a state that required a same specialty "expert" to certify the lawsuit was valid. Because the lawyer had done a prelim year in internal medicine, the judge decided that he was a valid "expert" against me. It was a acute stroke case and the "expert" did not manage acute stroke patients. He also decided to cite evidence of catheter thrombolysis as evidence that I could have done more although studies suggesting catheter thrombolysis had not been published yet at the time that I saw my patient. The legal system is like a leach on society.

          Comment


          • #6
            Originally posted by nephron View Post
            Just read an article about a guy who dropped off his jeep for an oil change and is now being sued because the dealership cannot be directly sued.
            https://www.cnet.com/roadshow/news/j...echanic-death/
            Even if you make laws specifically against certain lawsuits to prevent businesses from going out of business, lawyers and judges will find their way around them. Laws are meaningless if the lawyers and judges choose to ignore them. I was sued in a state that required a same specialty "expert" to certify the lawsuit was valid. Because the lawyer had done a prelim year in internal medicine, the judge decided that he was a valid "expert" against me. It was a acute stroke case and the "expert" did not manage acute stroke patients. He also decided to cite evidence of catheter thrombolysis as evidence that I could have done more although studies suggesting catheter thrombolysis had not been published yet at the time that I saw my patient. The legal system is like a leach on society.

            yes part of the problem is the “expert” witness. The expert will pretty much say whatever the plaintiff lawyer needs them to say (if they don’t, no more expert work for you!). Interestingly there are ways to push back on that by reporting egregious misrepresentations to that persons specialty society, which in some cases has led to expulsions

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            • #7
              “The legal system is like a leach on society”
              The question is the self regulation system is also very ineffective in protecting patients.
              https://www.texasmonthly.com/articles/dr-evil/amp/
              As we saw in the recent Vanderbilt nurse being charge criminally, the system as a whole sucks and is ineffective.
              Don’t have a clue how to fix it.


              Comment


              • #8
                Originally posted by DrRab View Post


                yes part of the problem is the “expert” witness. The expert will pretty much say whatever the plaintiff lawyer needs them to say (if they don’t, no more expert work for you!). Interestingly there are ways to push back on that by reporting egregious misrepresentations to that persons specialty society, which in some cases has led to expulsions
                unfortunately , in many states the initial expert can remain nameless

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                • #9
                  The ED doc who put in a central line is frustrating, but somehow less egregious than the radiologist in the same case who was sued despite never reading a film or even being in the country at the time of the case-the plaintiff attorney named them because they were the director of the radiology department.

                  Comment


                  • #10
                    Originally posted by DrRab View Post
                    Listen to the podcast “the L word”. It has definitely made me approach things differently and I am much more apprehensive about all the litigation crap. Now with MICRA being repealed in CA, things are just going to get worse. With higher caps on payouts, more lawyers will take the bait of even long shot cases. Meanwhile reimbursements cont to slide…

                    something has to give. Doctors need a “union” where we have the ability and power to negotiate with Medicare collectively and to push against BS legal actions
                    Was not aware of the micra assault. Wow. If that goes away, CA loses the last good thing it has to offer.

                    Comment


                    • #11
                      Originally posted by G View Post

                      Was not aware of the micra assault. Wow. If that goes away, CA loses the last good thing it has to offer.
                      There's still proposition 13 for property tax increases, but not much else left. Weather, sunsets, hobos, and poop & needles on the sidewalks.

                      Comment


                      • #12
                        Yeah in my lawsuit (over a pt developing TD on a medication) they named a bunch of people, including the pts psychologist! Who obviously had nothing to do with the medication. We were all dropped and university named in our place but you are right we all have to explain it on credentialing for years to come.

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                        • #13
                          And yet you can't blackball the patient, the "expert", and the attorneys as far as ever seeing them or providing medical treatment in the future!

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                          • #14
                            Originally posted by Hank View Post
                            And yet you can't blackball the patient, the "expert", and the attorneys as far as ever seeing them or providing medical treatment in the future!
                            I thought you can for elective cases, obviously not for emergencies. Please correct if I am wrong .

                            Comment


                            • #15
                              Originally posted by wideopenspaces View Post
                              Yeah in my lawsuit (over a pt developing TD on a medication) they named a bunch of people, including the pts psychologist! Who obviously had nothing to do with the medication. We were all dropped and university named in our place but you are right we all have to explain it on credentialing for years to come.

                              Isn’t TD a side effect of many medications ?

                              If only physicians were united and their union threaten to leave a state when such bills are being passed , outcomes would be different .

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