News and Bulletins

Electronic Health Records (EHR’s): A “critical” review of “click-tation”

By Charles A. Pilcher MD FACEP

The purpose of a medical record is to record information about a patient for future reference or to communicate information to other caregivers. EHR’s have failed at both. “Click-tation” has replaced information transfer. A handwritten entry is rare. Within hundreds of pages of “documentation,” only 1-5% may be useful information. In 30 minutes recently, I was recently able to eliminate over 2300 pages of a 2402 page medical record as absolutely useless. This “Perspective” summarizes a Medscape article by Neil Chesanow, reviewing 8 ways that EHR’s pose a danger or can be a factor in a medical malpractice lawsuit. Copy/Paste is the most pervasive. To read more, click here ->

A danger of e-prescribing

Physicians are routinely transmitting patient prescriptions directly to pharmacies electronically, aka e-prescribing. While this eliminates the problem of poor handwriting and simplifies both the doctor and patient experience, e-prescribing has its dangers. One of them is that it is still possible to select the wrong drug or dosage from a drop-down menu. Another is the possibility of fraudulent prescribing if a computer is left open with a physician’s password (see above.) But a recent JAMA piece pointed out a less obvious problem: how and when to stop a medication. If a drug is stopped or a patient is switched to another medication, what is the process for assuring that duplication doesn’t occur. What if a patient taking Coumadin is switched to a platelet inhibitor like Plavix? What if someone other than the patient manages their medicines? How do we assure that a drug gets cancelled. Failing to do so can lead to significant potential patient injury. A JAMA article by Shira Fischer and Adam Rose describes ways in which patients can end up on more medicine than intended because of the technical difficulty of cancelling an e-prescription. Anyone with an interest in pharmacy and the role of electronic prescriptions in patient care would be enlightened by this article.

Physicians don’t know the benefits or harms of tests and treatments

Hoffman and DelMar published a review in JAMA Internal Medicine addressing how well physicians understand the various benefits and harms of clinical tests and treatments. The risks and benefits of procedures like hysterectomy or prostatectomy, cancer screening, prenatal testing and various medical imaging studies were assessed. The bottom line is that physicians (and patients) always overestimate the benefits of doing something and underestimate the risks. Inaccurate perceptions about the benefits and harms of interventions are likely to result in suboptimal clinical management choices. An earlier report based on a survey by Wegworth & Gigerenzer in the same journal’s “Less Is More” column addressed how aware physicians are of the various benefits and risks of health screenings. Far less than 50% of physicians were able to estimate the risks of over-diagnosis for mammograms and PSA tests, or discuss those risks with patients. Bottom line: Physicians’ lack of knowledge leads to over-diagnosis and over-treatment.

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Medical Malpractice Bulletin – February, 2017

January 30, 2017

Cognitive Biases: Down the garden path to a lawsuit We all make mistakes, and there are several reasons why, even when we have the knowledge and ability to think correctly. We do it because of “cognitive biases,” and almost every medical malpractice lawsuit includes evidence of at least one of them. This is especially true in […]

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Medical Malpractice Bulletin – January, 2017

December 27, 2016

In this issue: Perspective: When the patient is a VIP – or a plaintiff attorney Thunderclap headache: When it’s not a ruptured cerebral aneurysm Differential diagnosis of neck pain Endovascular (clot retrieval & stenting) approaches to stroke treatment Thunderclap headache: What’s the worst it could be – or not. “Thunderclap headache” is defined as a […]

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Medical Malpractice Bulletin – September, 2016

December 27, 2016

September, 2016 Perspective: How do patients feel about medical error? By Charles A. Pilcher MD FACEP “I told them about my fever and pain ever since I went to the hospital, and no one paid attention to my symptoms.” “The patient suffered a severe postoperative infection that was not diagnosed for 5 days resulting in a […]

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Medical Malpractice Bulletin – December, 2016

December 27, 2016

In this issue: Perspective: Pearls from the “Diagnostic Errors in Medicine” conference Do blind radiologists miss important findings? Diagnostic Error for Dummies: The “dirty dozen” ways to avoid mistakes  Is “medical error” really the third leading cause of death in the US Perspective: Pearls from the “Diagnostic Errors in Medicine” conference Charles A. Pilcher MD […]

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Medical Malpractice Bulletin – November, 2016

October 30, 2016

Perspective: The role of electronic records (EHR/EMR) in med mal lawsuits By Charles A. Pilcher MD FACEP Last year Dr. David Troxel of The Doctors Company published an analysis of the role that the Electronic Health Record (EHR) has played in closed medical malpractice claims. This report and an earlier one on the topic by […]

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Medical Malpractice Bulletin – October, 2016

October 6, 2016

October, 2016 In this issue: Panelists invited: Are non-disclosure clauses medically or legally ethical? Guest Perspective: Grief lessened by disclosure of medical error American Association of Legal Nurse Consultants (AALNC) national conference, Portland, OR, April, 2017 Spinal Epidural Abscess talk to AALNC Panelists invited: Are non-disclosure clauses medically or legally ethical? I will be moderating […]

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Medical Malpractice Bulletin – August, 2016

August 3, 2016

Perspective: Who is responsible for the ED “boarder”? By Charles A. Pilcher MD FACEP August, 2016 A patient in the ED with a GI bleed is awaiting transfer to an inpatient bed. The ED doc has informed the hospitalist and believes the patient now belongs to the hospitalist. When the patient’s condition deteriorates 2 hours […]

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Medical Malpractice Bulletin – July, 2016

July 7, 2016

Perspective: Bob Newhart or CRICO: Who can best reduce medical error? By Charles A. Pilcher MD FACEP July, 2016 If our goal is to reduce medical error and improve patient safety, which approach is better: Analyze “big data” or simply tell physicians to “Stop it!” CRICO, the large Harvard based med mal insurer, believes in […]

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Medical Malpractice Bulletin – June, 2016

June 25, 2016

Perspective: What is pain and suffering worth? By Charles A. Pilcher MD FACEP I have occasionally been asked to opine on whether or not a patient experienced pain and suffering as a result of a traumatic injury or a medical procedure with a bad outcome. As I understand it, the presence of pain and suffering […]

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Medical Malpractice Bulletin – April, 2016

April 9, 2016

Perspective: Spinal epidural abscess – Let’s find a way to stop this epidemic By Charles A. Pilcher MD FACEP April, 2016 Too many spinal epidural abscesses (SEA) are being missed. Too many patients are being paralyzed. Too little is being done to prevent these tragedies. It’s time for the medical and legal professions to figure out how to […]

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Medical Malpractice Bulletin – March, 2016

March 6, 2016

Perspective: I removed the spleen! What do you mean it was a kidney?! More transparency needed in medicine By Charles A. Pilcher MD FACEP March, 2016 What if we didn’t have the NTSB to investigate plane crashes? The medical profession experiences the equivalent of multiple “plane crashes” every day, but what do we do to prevent […]

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Medical Malpractice Bulletin – February, 2016

February 6, 2016

February, 2016 In this issue: Perspective: Posterior circulation stroke – why is this diagnosis missed? UPDATE: Spinal epidural abscess Diverticulitis: Another surgical disease goes medical Why radiologists get sued US health system: Great care if you can get it Perspective: Posterior circulation stroke – why is this diagnosis missed? By Charles A. Pilcher MD FACEP […]

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Medical Malpractice Bulletin – January, 2016

January 8, 2016

Perspective: Missed Spinal Epidural Abscess (SEA): Who’s to blame?  By Charles A. Pilcher MD FACEP January, 2016 We are experiencing an epidemic of missed spinal epidural abscesses – and there is no excuse for it. The diagnosis is easy to make once one includes it in one’s differential for back or neck pain. Yet patients are […]

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Medical Malpractice Bulletin – December, 2015

December 12, 2015

Perspective: Radiology discrepancies: What’s the “miss rate”? Who’s responsible? By Charles A. Pilcher MD FACEP December, 2015 How often does a radiologist miss an x-ray finding? What happens when they do? Should ordering physicians view all images themselves? What if there’s a disagreement? Who’s responsible? Can we determine a standard of care? When there’s a […]

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Medical Malpractice Bulletin – November, 2015

November 20, 2015

Perspective: Why is a thoracic aortic dissection so often missed? By Charles A. Pilcher MD FACEP What are the first things an emergency physician should think of when confronted with a patient complaining of new onset chest pain? Heart attack? Sure. But given how common heart attacks are and how attuned to that diagnosis most physicians […]

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Medical Malpractice Bulletin – October, 2015

November 13, 2015

Perspective: Diagnostic Errors – SIDM works to eliminate them By Charles A. Pilcher MD FACEP” October, 2015 On September 27-29 I joined over 300 other healthcare professionals in Washington DC for an international conference on “Diagnostic Error.” This is an annual event sponsored by the Society to Improve Diagnosis in Medicine (SIDM). Among dozens of fascinating presentations […]

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Medical Malpractice Bulletin – September, 2015

September 21, 2015

Charles A. Pilcher MD FACEP September, 2015 [Editor’s Note: As a member of the Society to Improve Diagnosis in Medicine, I will be attending their international conference in Washington, DC, this month. The theme this year is “Diagnostic Error in Medicine: After the IOM Report, What’s Next?” I hope to return with new research and insights to share with […]

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Medical Malpractice Bulletin – August, 2015

August 19, 2015

Perspective: Acute MI: “Yes” or “No” – Still more art than science By Charles A. Pilcher MD FACEP August, 2015 Body et al. published a study in BMJ’s “Emergency Medicine Journal in which they asked: “Can emergency physicians ‘rule in’ and ‘rule out’ acute myocardial infarction with clinical judgement?” The fascinating aspect of the study […]

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July, 2015 – Medical Malpractice Bulletin

July 17, 2015

Perspective: Pursue? Defend? Settle? Drop? The value of a “case viability analysis” By Charles A. Pilcher MD FACEP July, 2015 Every malpractice case demands thorough review to determine whether it should be pursued/dropped (plaintiff) or defended/settled (defense). In order to determine the best course of action, attorneys do a thorough analysis. In this “Perspective” the […]

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Medical Malpractice Bulletin – June, 2015

June 4, 2015

Perspective: If you’re a “nice” doctor, you won’t get sued By Ryan Padgett MD FACEP & Charles A. Pilcher MD FACEP June, 2015 Do hospital ratings matter? Is a “nice” physician with good behavior less likely to get sued than others? Physicians have long been skeptical of the value of patient satisfaction ratings but a recent study […]

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Medical Malpractice Bulletin – April, 2015

April 28, 2015

Perspective: Why physicians make mistakes – deja vu all over again By Charles A. Pilcher MD FACEP April, 2015 This newsletter has frequently posted articles and “Perspectives” on what leads to physician error. Now a fascinating JAMA editorial on physician mistakes sheds light on the progress we are making (or not making) in improving patient […]

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March, 2015 – Medical Malpractice Bulletin

March 10, 2015

Perspective: Physicians are learning nothing from med mal lawsuits. Time for a change. By  Charles A. Pilcher MD FACEP I am upset that physicians (other than defendants) are learning nothing from medical malpractice lawsuits. In this month’s “Perspective” I share my strong feelings on this issue and describe a project that I have begun to change that and improve […]

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January, 2015 – Medical Malpractice Bulletin

January 4, 2015

Perspective: It’s time for doctors to LEARN from malpractice suits By Charles A. Pilcher MD FACEP January, 2015 After 35 years of working as an expert in medical malpractice, I continue to see presumably competent colleagues make the same mistakes over and over and over again. We docs are learning nothing from the unfortunate experiences/mistakes […]

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Medical Malpractice Bulletin – November, 2014

November 3, 2014

Perspective: Interruptions lead to mistakes in patient care The ER is a busy place. So is the office of almost any physician. Having  uninterrupted time to address a patient’s problem is critical. Eliminating as many sources of interruption as possible is key to achieving that goal. Interruptions can lead to a lack of focus, a […]

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Medical Malpractice Bulletin – September/October, 2014

September 29, 2014

Perspective: Alert fatigue – a pitfall of the EMR By Ryan Padgett MD FACEP [Editor’s Note: This month’s “Perspective” is contributed by my colleague, Dr. Ryan Padgett, who provides services as a Consulting Expert with PilcherMD.com. / CP] As experience with EMRs increases, new challenges are discovered. One of the most critical is “alert fatigue,” an […]

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Medical Malpractice Bulletin – August, 2014

August 25, 2014

Perspective: “Black Box” drugs raise red flags By Charles A. Pilcher MD FACEP “Black Box Drugs” are those that require the strongest available warning used by the FDA for an approved drug, because they carry “a significant risk of serious or even life-threatening adverse effects.” The warning is placed at the top of the PDR […]

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Medical Malpractice Bulletin – July, 2014

July 15, 2014

In this issue: Jumping to conclusions: Little time spent in differential diagnosis Vertebral Artery Dissection May Initially Cause No Noticeable Symptoms The other side of the stethoscope: Injured ED doc finds treatment lacking Malpractice claim may be modified after medical panel decision Must I consent to everything? Washington State Supreme Court says “No” Jumping to […]

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Medical Malpractice Bulletin – June, 2014

June 5, 2014

In this issue: Perspective: More tests ≠ “standard of care” Opportunities and challenges for attorneys in the ACA 1 in 20 outpatients misdiagnosed Alabama: Brand drug manufacturers liable for claims of generic knockoffs The fraudulent medical record: Anonymous ED scribe admits to over-documentation, over-billing Perspective: More tests ≠ “standard of care” By Charles A. Pilcher MD FACEP […]

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Medical Malpractice Bulletin – February, 2014

February 23, 2014

Perspective: Can plaintiff attorneys prevail in stroke cases? By Charles A. Pilcher MD FACEP This newsletter assiduously monitors the medical literature on the subject of stroke, as well as news of malpractice suits resulting from the care of stroke patients. In the past 3-4 years there has been almost zero news about lawsuits for failure […]

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Medical Malpractice Bulletin – January, 2014

January 6, 2014

Perspective: How do I find a good doctor? By Charles A Pilcher MD FACEP January, 2014 One of the toughest challenges for any health care provider is being asked by a friend or family member with a medical problem, “Who should I see for this?” I have an answer. My fellow physicians have an answer. […]

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Medical Malpractice Bulletin – November/December, 2013

November 29, 2013

Perspective: How busy was the doc? Overwork can lead to errors By Charles A. Pilcher MD FACEP November/December, 2013 The harder and faster one works, the more prone one becomes to mistakes. That’s no different for physicians than for anyone else. And it matters to med mal attorneys. An increasing body of research is beginning […]

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Medical Malpractice Bulletin – October, 2013

July 30, 2013

Perspective: Stop! Think! Listen! “Cognitvie Pause” can reduce medical error By Charles A. Pilcher MD FACEP October, 2013 Most medical errors are caused not by lack of knowledge or an obvious mistake, but rather by thinking errors. These result in mis-interpreting the patient’s presentation as something more common, when unusual symptoms should give the physician […]

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Medical Malpractice Bulletin – July/August 2013

July 29, 2013

Perspective:  Electronic Health Records (EHRs): Can we trust them? Media, government and most of organized medicine view the EHR as the answer to much of what is wrong with medical care in America. In part, that may be true. But the past year has seen a flurry of studies and articles pointing out that there […]

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Medical Malpractice Bulletin – June, 2013

June 9, 2013

Perspective: Consults and Handoffs Part II: Handoffs By Charles A. Pilcher MD FACEP June, 2013 As introduced in the last issue of this newsletter, all too often the responsibility for a patient becomes unclear when an emergency physician requests a consult or transfers care to another doctor, i.e., a “handoff.” Both “handoffs” and “consults” – if […]

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Medical Malpractice Bulletin – September, 2013

May 6, 2013

Perspective: The Role of tPA in Stroke – ACEP’s Clinical Policy Fuels Ongoing Debate By Charles A. Pilcher MD FACEP September, 2013 How valuable is tPA in stroke? While tPA has become the standard of care for patients who qualify, the numbers are less than impressive and the benefit marginal. Studies generally show that patients […]

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Medical Malpractice Bulletin – May, 2013

May 5, 2013

Perspective: Handoffs And Consults: Who’s In Charge? By Charles A. Pilcher MD FACEP During transitions in patient care, a lot can go wrong. Almost all of the potential risk in these situations is the result of poor communication. But why is the communication so poor? Much of it is the result of misplaced assumptions, unrealistic […]

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Medical Malpractice Bulletin – March/April, 2013

March 30, 2013

Perspective: 1/3 of physicians miss test results Charles A. Pilcher MD FACEP One third of physicians surveyed admit to missing a test result because of information overload linked to their Electronic Health Record (EHR). It’s called “Alert Fatigue,” and it’s a growing challenge. Most EHRs have built in alerts, designed to keep physicians from making […]

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Medical Malpractice Bulletin – December, 2012

December 20, 2012

Perspective: Must physicians do a lumbar puncture on every suspected subarachnoid hemorrhage? Charles A. Pilcher MD FACEP Classic medical training has been to do a lumbar puncture (LP) on every patient with a new, sudden onset headache if a CT scan does not show a suspected subarachnoid hemorrhage (SAH), usually from a ruptured cerebral aneurysm. […]

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Medical Malpractice Bulletin – July, 2012

July 22, 2012

Perspective: The chart is my witness. Make sure it tells the story. Guest Authors: Andrew Koslow, MD, JD, and Diana Nordlund, DO The medical record can become a missed opportunity for communication between providers and  a dangerous medico-legal pitfall. Physicians should be certain that it communicates an encounter clearly. EMRs and template charts are particularly […]

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Medical Malpractice Bulletin – May, 2012

May 28, 2012

Perspective: Cauda equina lawsuits: Gambling or litigating? By Charles A. Pilcher MD FACEP May, 2012 Pursuing or defending a case of cauda equina syndrome (CES) is as much a matter for the daring gambler as the skilled litigator. If it were your nerves being pinched off by a herniated disk, would you want to wait […]

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Medical Malpractice Bulletin – March 2012

March 22, 2012

Maryland hospitals recommend malpractice attorneys Some 2 dozen Maryland hospitals including the University of Maryland Medical System are referring injured patients to plaintiff lawyers. The goal is to  settle claims more quickly, a potential benefit to both the patient and the institution. Despite the appearance of a conflict of interest, it is not unethical by […]

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Medical Malpractice Bulletin – January, 2012

January 17, 2012

As we begin a new year, I want to thank each you for your encouragement and support of the Medical Malpractice Bulletin, now entering its 4th year. I have enjoyed sharing this information with you and look forward to continuing to assist you in resolving issues related to medical malpractice and personal injury. Charles A. […]

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Medical Malpractice Bulletin – September/October, 2011

October 10, 2011

Perspective: Door-to-needle times for tPA in stroke hard to meet By Charles A. Pilcher MD FACEP September/October, 2011 Under current guidelines from the American Stroke Association, tissue plasminogen activator (tPA, commonly known as a “clot buster” drug) should be administered within 3-4.5 hours of “last seen normal” – and 1 hour of patient arrival – […]

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Medical Malpractice Bulletin – July/August, 2011

August 20, 2011

Perspective: Emergency Department discharge instructions: “Sign right here and your good to go.” ———- By Charles A. Pilcher MD FACEP So you’re not having a heart attack like your wife thought. That’s the good news. But what **is** wrong, what **did** cause that pain, and what should you do from here on out? That’s the […]

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Medical Malpractice Bulletin – June, 2011

June 16, 2011

You receive this newsletter because I have had prior contact with you or a member of your firm on a matter of personal injury or medical malpractice. If you wish to subscribe to or be removed from the mailing list, please call or email me. I consult with both plaintiff and defense attorneys in the […]

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Medical Malpractice Bulletin – May, 2011

June 16, 2011

In this issue: More sensitive troponin test may lead to better diagnosis of heart attacks Radiology jobs not easily outsourced to India. There’s an app for that. Will a lawsuit follow? Current guidelines may prevent healthcare malpractice solution from succeeding More sensitive troponin test may lead to better diagnosis of heart attacks The Los Angeles […]

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Medical Malpractice Bulletin – April, 2011

April 26, 2011

Proximate cause: No harm, no foul? By Charles A. Pilcher MD FACEP In the course of nearly 3 decades of reviewing medical records for both plaintiff and defense attorneys, I find the most challenging of the 4 elements necessary for a successful malpractice lawsuit to be “proximate cause” or “causation.” This is often the Achilles […]

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Medical Malpractice Bulletin – February/March, 2011

February 27, 2011

Perspective: Practice guidelines always help your case – maybe not By Charles A. Pilcher MD FACEP David O’Dell MD JD has written a nice summary of the topic of guidelines and their value in medical malpractice cases in the January 10 edition of Medical Economics. This newsletter  discussed the value of “Guidelines” in an earlier […]

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Medical Malpractice Bulletin – January, 2011

January 3, 2011

In this issue: Perspective: OOPS! Why do doctors make diagnostic errors? Surgical errors still occurring “far too often” despite protocols Patients trust a CT scan 4 times more than they trust the doctor “Handoffs:” Reducing the error of a high-risk practice Perspective: OOPS! Why do doctors make diagnostic errors? By Charles A. Pilcher MD FACEP […]

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Medical Malpractice Bulletin – November, 2010

November 14, 2010

In this issue: Perspective: Health reform & why we vote the way we do, by Leo Greenawalt, CEO, Washington State Hospital Association OK to delay surgery for appendicitis Death rate from strokes in US hospitals falls 26%… REALLY??? ABCD3-I Score May Improve Risk Stratification After Transient Ischemic Attack. Medical care guidelines are good, but only […]

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Medical Malpractice Bulletin – October, 2010

October 13, 2010

Perspective: Medical Malpractice and Healthcare Reform By Charles A. Pilcher MD FACEP Over the past year I have been involved in many discussions with doctors, healthcare executives, elected officials, plaintiff and defense attorneys and others about healthcare reform. At a recent Swedish Hospital 100th Birthday Symposium on “Innovation in the Age of Reform,” an array […]

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Medical Malpractice Bulletin – September, 2010

September 14, 2010

In this issue: Perspective: Should consent to life-saving procedures have a “sunset clause?” Neutral radiologists fail to detect x-ray abnormalities found by “experts” Disclosing errors reduces claims and costs for hospitals Personalize informed consent gives more specific risk estimates Electronically Stored Information a potentially huge cost in the litigation of medical malpractice issues. Camp Korey: […]

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Medical Malpractice Bulletin, July/August, 2010

July 27, 2010

In this issue: Perspective: Avandia – What’s the risk? Conflict of interest: Can a defense attorney’s former client testify as a plaintiff expert in a later case he is defending? Prostate cancer and PSA: If and when to test The “how” matters when gauging risk after suicide attempt New York project seeks to cut malpractice […]

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Medical Malpractice Bulletin June, 2010

June 15, 2010

In this issue: Perspective: Is a ruptured appendix evidence of malpractice? Florida ruling jeopardizes EMS services nationwide Diagnostic or screening mammogram? Whose call is it? X-Rays of hip and pelvis miss 1/3 of fractures. OOPS. Nurse settles for $1 million just before jury returns defense verdict Fatal medication errors increase in July at teaching hospitals […]

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Medical Malpractice Bulletin May, 2010

May 19, 2010

Does improving patient safety reduce malpractice claims? Rand Corporation study says “yes.” tPA for stroke: Give it early, but up to 4.5 hours now safe Medical records turned over in response to grand jury subpoena in criminal case. Wrong! Paramedic disciplined by physician supervisor sues physician Georgia ED docs liable only for “gross negligence” Has […]

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Medical Malpractice Bulletin April, 2010

April 9, 2010

Perspective: Strolling blissfully down the garden path… Autism lends itself to questionable medical practices VBAC (Vaginal Birth After Caesarean Section) is safe Perspective: Strolling blissfully down the garden path… “Always trust your first impression.” We’ve all heard it time and time again, but is it really true? Especially in medicine, should it ever be true? […]

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Medical Malpractice Bulletin, February, 2010

February 22, 2010

In this issue: Perspective: The IME: Does time heal all wounds? FDA issues warning on long-acting asthma meds What are the chances? Explaining risk to patients Good Samaritan defense depends on the circumstances Emotional injury triggers lawsuits more often than negligence. Business model of patient safety challenged. Are the monitors being monitored? Patient dies when […]

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Medical Malpractice Bulletin – January, 2010

January 15, 2010

Perspective: Would “no fault” be a better way? By Charles A. Pilcher MD FACEP Last month I reported on the defense verdict in the case of a Bellingham woman left with brain damage as a result of a surgical complication. The case bothers me. The patient’s injuries were major and her family devastated. Future expenses […]

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Medical Malpractice Bulletin for Nov/Dec, 2009

December 16, 2009

In this issue: Feedback to hospitals on performance fails to improve quality of cardiac care Is a physician’s disciplinary history pertinent? Nebraska says “Yes.” Killer in your office? So what? Feedback to hospitals on performance fails to improve quality of cardiac care The value of hospital incident reports submitted to the State of Washington has […]

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Medical Malpractice Bulletin for October, 2009

October 26, 2009

In this issue: Perspective: Certificate of merit overturned. Now what? Health insurer can’t recover medical costs paid if settlement is only for pain and suffering. Social Media: Don’t forget to include it in discovery process A scary Halloween report? New Jersey hospitals committed nearly 9,400 serious errors in 2007 Perspective: Certificate of merit overturned. Now […]

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Medical Malpractice Bulletin for August/September, 2009

September 13, 2009

Perspective: Service Service. My parents exemplified it and passed the value down to me. Since my first job delivering newspapers in Federal Way for the Seattle Times, I have enjoyed serving others. On rainy days it was important to me that the papers I delivered did not get wet. “Any job worth doing is a […]

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Medical Malpractice Bulletin for July, 2009

June 18, 2009

Perspective: What did Obama tell the AMA about malpractice reform? On Monday, June 15, President Obama spoke to physicians assembled in Chicago for the annual AMA convention. His subject: health care reform. I listened to most of the speech on the radio and have read the reviews. What I heard and what I read seem […]

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Medical Malpractice Bulletin for May, 2009

May 25, 2009

Perspective: “Guidelines” are of little value The Institute of Medicine has been an advocate for clinical guidelines for many years. Although the true value of guidelines has never been established, both clinicians and medical malpractice attorneys often want to ascribe greater credibility to them than they deserve. The issue was raised again in the past […]

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Medical Malpractice Bulletin for April, 2009

April 18, 2009

Contents: Perspective: Good case/bad case Darvon and Darvocet: How much truth in the allegations? Woman loses arms and legs. Was there malpractice? Waste is destroying the American health care system; reform needed The problem with EHRs and coding Perspective: Good case/bad case Whenever there is an initial allegation of malpractice, the goal of each party […]

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Medical Malpractice Bulletin for March, 2009

March 26, 2009

CONTENTS: Perspective: Money doesn’t buy health Wyeth v. Levine: FDA approval does not protect against lawsuits. More on stroke A comedy of (not funny) errors… Read what happened to nearly kill a patient Perspective: Money doesn’t buy health A recent report indicates that the cost-benefit of healthcare in the US falls behind leading economic competitors. […]

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Medical Malpractice Bulletin for February, 2009

February 22, 2009

CONTENTS: Perspective: Stroke, Part III:  What is the standard of care? Radiologist can’t give films to defense expert without authorization. Another instance of “How to win a malpractice case even if you lose.” CMS “Never Events” Why can non-compliant patients still sue their practitioner? Enough fishy stuff here to fill an aquarium. Does a doctor […]

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Medical Malpractice Bulletin for January, 2009

January 21, 2009

CONTENTS: Perspective: Futility Medicare wants its money back Flaps – check. Brakes – check. Airspeed – check. Can surgeons learn something from pilots? “Informal” consults can lead to malpractice claims Perspective: Futility Too few patients seem to realize that eventually, at some point, further treatment is futile. Like taxes, death is certain.In my many years […]

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Medical Malpractice Bulletin for December, 2008

December 12, 2008

CONTENTS: Perspective:  MRSA: What’s all the fuss about? There’s lots of recent hype about infections with MRSA (methicillin resistant staphylococcus aureus). The media uses that hype to sell ad space, but for the medical profession it’s old news. Here’s a reality check:  The problem is not so simple. Many of us are infected with MRSA […]

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MEDICAL MALPRACTICE BULLETIN for November, 2008

November 23, 2008

Documentation of a “consent conversation” good; consent form better The term “getting consent” does not mean having a form signed. Getting consent means having a conversation with the patient. If a treatment or procedure is advised by a physician, the patient’s consent to that treatment is important. Consent should document both risks and benefits. Courts […]

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Medical Malpractice Bulletin for September, 2008

September 29, 2008

CONTENTS: Perspective: Stroke, Part 2: Stroke/TIA evaluation and treatment both a medical and legal quagmire PSA test is not the standard of care. Discussing it with patients is. Does a patient near death as the result of suicide qualify as “terminally ill?” Medical bloggers lack quality control Seattle/King County still the worst place to try […]

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MEDICAL MALPRACTICE BULLETIN for August, 2008

August 25, 2008

CONTENTS: Study finds settling is better than going to trial Some plaintiffs just don’t quit Malpractice claims frequency “mysteriously” declining (scroll down for article) Intensity of care does not equal quality of care Study finds settling is better than going to trial Statistically, settling a case before trial has a better payout than going to […]

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MEDICAL MALPRACTICE BULLETIN for July, 2008

July 19, 2008

CONTENTS: Perspective: Is thrombolytic therapy for stroke the standard of care? Use of technology in the courtroom lags in med-mal cases Nevada to make malpractice history of physicians available to public Perspective: Is thrombolytic therapy for stroke the standard of care? Medical malpractice attorneys are seeing increasing numbers of claims in the area of stroke […]

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MEDICAL MALPRACTICE BULLETIN for June, 2008

June 18, 2008

CONTENTS: Perspective: The high cost of medical care Neurologist is not an expert on nursing care Don’t assume you will get to depose the doctor writing the “certificate of merit” Perspective: The high cost of medical care Two recent articles contend that, compared to other nations, the United States gets too little value for the […]

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MEDICAL MALPRACTICE BULLETIN for April, 2008

April 19, 2008

CONTENTS: Perspective: Rabies? Practicing defensive medicine leaves me sleep deprived Empty chair defense backfires Rapid strep test is sufficient Perspective: Rabies? Practicing defensive medicine leaves me sleep deprived Recently I lost a night’s sleep worrying about whether a treatment in which I became a participant might have done more harm than good. Here’s the scenario. […]

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MEDICAL MALPRACTICE BULLETIN for Februrary, 2008

February 21, 2008

CONTENTS: What about small cases? Physicians report far fewer errors than actually occur What happens with small cases? How can the patient without the million dollar injury find justice? << CLICK HERE >> Physicians report far fewer errors than actually occur Does this surprise anyone? With most medical errors being subjective rather than objective, failure […]

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MEDICAL MALPRACTICE BULLETIN for January, 2008

January 8, 2008

CONTENTS: Who me? How I became an expert witness Is “hot-tubbing” an answer? Frivolous lawsuits? Who Me? How I Became an Expert Witness The author of this bulletin retraces his journey as an expert medical witness << HERE >> Expert testimony: On the hot seat, or in the hot tub? Our current system of resolving […]

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