MediPro Solutions

MediPro Solutions is a physician owned and operated medical legal consulting and medical expert witness service, providing attorneys with consulting and testifying medical experts in all specialties. We offer comprehensive litigation support and high end customer service to all attorneys with medical cases. All medical experts are hand picked and we typically do not use national data bases of medical experts.

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Malpractice and the Presidential Race

Dr. Ben Carson was an internationally known brain surgeon before he decided to run for the republican presidential nomination. Somewhat astonishingly, he's not the sole medical doctor in the field of nominees - Rand Paul, an ophthalmologist, is also in the running. Historically, most politicians in the U.S. have backgrounds in the military, law, or business; nonetheless five physicians actually signed the Declaration of Independence.

Like many U.S. doctors, Dr. Carson faced medical malpractice lawsuits several times during his 30 year career. He was sued for medical malpractice at least eight times during his years as a neurosurgeon. 

Eight medical malpractice litigations may seem to be a significant amount, however it is not alarming after considering the high risk nature of Dr. Carson's specialty. Neurosurgeons are far more prone to be sued compared to other specialties. A 2011 study published in the New England Journal of Medicine found that each year, 19.1% of neurosurgeons confront a medical malpractice claim compared to 5.2% in family practice, 3.1% in pediatrics, and 2.6% in psychiatry. Overall, 7.4% of all doctors confronted a medical malpractice claim. The research suggested the neurosurgery numbers were higher because frequently the most complex, high-risk cases wind up in court. Many times a lawsuit is filed simply due to an injury being suffered, not always because the surgeon's performance fell below the standard of care. The study also noted that the vast majority of neurosurgery claims were ultimately determined in favor of the neurosurgeons.

Dr. Carson worked on the most high-risk cases possible, including a successful separation of conjoined twins attached at the head.  Therefore, eight malpractice claims is not a remarkable number when considering his entire career. 

Contact MediPro Solutions, LLC, for all your medical legal questions!

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Federal Law and Malpractice

A recent decision in a Florida appeals court may have far reaching implications in medical malpractice cases. In 2004, a state constitutional amendment was passed in Florida that gave expanded access to hospital medical records to plaintiffs in medical malpractice cases.

Access to these records became an issue recently in Florida after a patient suffered neurological injuries and irreversible damage after being treated in the Southern Baptist Hospital of Florida, Inc. in Jacksonville. The patient's lawyers filed a lawsuit and requested records from the hospital about her injuries. The hospital released only some of her records and withheld others, citing the Patient Safety and Quality and Improvement Act of 2005, which is a federal law. This act stipulates that particular medical records are unavailable to plaintiffs in medical malpractice cases because to release those records would create fear for healthcare providers that their words might be utilized against them in court, thus preventing open communication in healthcare.

The trial court ruled for the plaintiff and stated that the requested records must be provided by the hospital. The hospital appealed that ruling stating that the national law allows for hospitals to legally refuse to release certain records and took precedent in the case. The appeals court ruled in favor of the hospital stating if there's any conflict between federal and state law, the federal law prevails.

To be able to reverse this ruling, attorneys for the plaintiff can appeal to the Supreme Court. In the event the Supreme Court rules on this particular issue, then the ruling would apply throughout the U.S. However, this may take some time because the process of appealing to the Supreme Court usually takes several years.

Contact us for your medical legal needs.

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When Athletes Get Hurt in Training, Can They Sue Coaches for Overuse Injury?

Involvement in athletics comes with the knowledge that injuries can occur. Injuries and bruises are not unusual and also expected by people who routinely participate in athletics. However, sometimes athletes sustain injuries from activity that could be considered outside of the range of routine practice. Typical overuse injuries include swimmer’s shoulder, runner’s knee, and shin splints. Coaches are ultimately responsible for the safety and training of an athlete. So if an athlete suffers an injury in the training regimen which was established by the coach, can you sue a coach for an overuse injury? According to the Stop Sports Injury website, errors in coaching- usually a rapid escalation in the intensity, duration, or frequency of activity, are what most often lead to overuse injuries. It may be difficult to identify the exact activity or the time which the injury the injury occurred since they generally occur during training. These injuries must be diagnosed by a medical professional who can also suggest physical therapy or another training regime. At what point does the diagnosis of an overuse injury raise questions about liability or a lawsuit? Attorney Roger Manwaring, writing in Lawyers’ Legal Research & Writing, states when an injury arises from the coach's intentional or negligent conduct, the player might have a legal claim. Athletes might consider a lawsuit for a coach selecting protective equipment that is inappropriate or for negligent training and supervision. Such claims can be quite hard to prove, particularly considering societal expectations that athletes compete hard on the field.

Sports injury laws change from state to state, for instance, in Massachusetts, a coach is recognized as a public worker and therefore is immune to lawsuits under the tort claims act. However, a school or university, that is considered a public employer, could be sued. Massachusetts law also protects volunteer coaches, manager, umpires, or referees in sports programs for youth under 18 yrs old. Maintaining athletic competition on the playing field instead of within the courtroom can be a factor driving a lot of the law governing sports injury. However, you will find instances when such claims are warranted. For more information, contact us!

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How Patients' High Deductible Insurance Plans Pose Malpractice Risks to Doctors

Patients are increasingly choosing high deductible insurance plans to reduce their monthly insurance premiums. Under these plans, it is understood that the patient must pay for their own medical expenses until costs reach a deductible that can be thousands of dollars. These high deductible insurance plans can pose a malpractice risk to physicians. The amount of patients with health insurance has increased due to the Affordable Care Act, nevertheless, the majority of these patients pick high deductible health plans. The number of patients with high deductible plans has increased to 17.4 million in January 2014, up over 12 percent from the previous year. The dilemma that physicians are seeing with these high deductible plans is that patients are making medical appointments less often and are also bypassing medication refills or declining medical tests. Patient choices to forgo aspects of their health care can have disconcerting consequences for physicians. A case reported in Massachusetts Medical Law Report shows these possible effects. A doctor was sued for malpractice by the family of a patient who died after a late stage cancer diagnosis. The patient, a 65-year old man, was a patient of the physician for four years; however a a complete physical examination was never performed, including colon rectal cancer screening, during that time. The cancer was not diagnosed until the patient went to the hospital with no bowel movement for several days and abdominal pain for several hours. Stage IIIB colon cancer was discovered. The physician said he did not offer the patient cancer screening because he was only seeing him for blood pressure tests, not for complete primary care. During his visits, the private-pay patient declined any additional medical care beyond those blood pressure tests.  The case was settled for $1.5 million. The risk that doctors may be held accountable for patients who decline care is likely to increase as patients put off or skip screenings that are not insured by insurance. To protect themselves, doctors must clarify the risks of skipping tests and follow through on whether they have been performed or not. Physicians must also document everything - the patient record should reflect whether a patient refused proper screening tests, as well as whether the patient understands the potential consequences of that choice. To learn more about the possible implications of high-deductible insurance on medical malpractice, contact us now.

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Spending and Malpractice

A recent study published in the BMJ and supported by the National Institutes of Health found that doctors who spent more money on the care of their patients were not as likely to be sued for medical malpractice. These findings provide evidence for those who argue that practicing defensive medicine is a realistic alternative for physicians who want to safeguard their careers and reputations.

The focus of the study was on doctors who treated patients admitted to acute care hospitals in Florida between 2000 and 2009 and involved 24,637 doctors and 18,352,391 admissions. The data showed a link between higher spending by doctors per patient to a decreased danger of incurring a medical malpractice claim.

There were 4,342 malpractice claims during the study period. Analysis found that higher spending physicians were sued less often than lower spending physicians. For instance, in the obstetrics specialty, the chance of facing medical malpractice fell as more Cesarean sections were performed and more money was spent overall.

Directors of the study did acknowledge limits to the findings, specifically that information on illness severity wasn't supplied and doctors were not directly asked if defensive medicine prompted their increased spending. Nevertheless, even if the study does not necessarily demonstrate that increased spending was the direct reason for the reduced chance of facing medical malpractice litigation, it does demonstrate more research is needed to understand the correlation.

Contact us for your medical legal needs.

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Comparative Negligence, Expert Witnesses, and Medical Malpractice

One would think that a wrong is a wrong, regardless of where it took place and your settlement for that wrong would also not be affected by where it occurred. Nevertheless, in medical malpractice every state has different rules. A recent litigation against LabCorp is an example of how those rules can reduce compensation. A woman died in Florida from cervical cancer. Her husband filed a medical negligence litigation against LabCorp alleging that they misread the patient’s pap smears. The jury determined that damages to her husband totaled just over $20 million, but reduced this award to $15 million because the patient was discovered to be 25% liable for her own negligence. Florida follows a comparative negligence standard in which a party's own negligence will reduce any financial award in proportion to the amount of the plaintiff's negligence. Many other states follow a modified comparative negligence standard in which a party will lose any right to compensation if a party is found liable for more than 50% of their injuries. Florida also requires medical negligence plaintiffs to file a notice of intention to commence a medical malpractice claim, which must include an expert witness's opinion the plaintiff has a good foundation for a lawsuit. The notice of intent marks the beginning of a ninety-day settlement period that might or might not influence the statute of limitations on the case. Other facets of medical malpractice cases fall under differing rules in different states. A malpractice case generally must be filed within two or three years of incident or discovery of an injury. Some states impose an absolute bar against any malpractice case of seven to ten years after the medical mistake is committed, regardless of when an injury manifests itself. Many states also have enacted limits on damages related to pain and suffering (noneconomic).  Courts have stricken some of those caps down, but for now, damages for pain and suffering can be a function of where a medical mistake occurred. The substantive aspects of a medical malpractice case might be simple and straightforward, but the laws, rules, and standards which govern the case can differ radically from state to state. MediPro Solutions, LLC works with lawyers to navigate those laws and select the most highly qualified medical experts to analyze and verify a client's malpractice case. Contact us at your convenience to find out more regarding our services.

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Misleading or Misreading: Why Do Radiologists Face Medical Malpractice so Often?

Radiologists make up approximately 3.6% of practicing medical doctors, however they rank 6th among all specialists in the number of malpractice claims for which they have been defendants.  From 1985-2002, they were sued more often than anesthesiologists, plastic surgeons, gastroenterologists, and cardiologists.  

Medical malpractice cases generally relate to two issues:  improper medical care leading to bodily harm, or a poor physician-patient relationship.  A recent study found that diagnosis errors are the most common generic cause of malpractice suits against radiologists.

Radiologists specialize in the diagnosis of diseases and injuries using medical imaging equipment and techniques such as x-rays, positron emission tomography (PET), nuclear medicine, and ultrasound.  Radiologists then review and interpret these scans for diagnosis of injury, or disease such as cancer, internal bleeding, or fractures.

The failure to correctly read and interpret a radiologic scan makes radiology one of the specialties most likely to be the subject of medical negligence.  Radiological “misses” usually relate to either missed fractures or missed diagnosis of cancer.  Misinterpretations of imaging related to the breast and breast cancer were the most common cause of misdiagnosis resulting in malpractice lawsuits.

Medical liability insurers reviewed 562 breast cancer malpractice claims from 2009 to 2014, and discovered that 61% were related to alleged delays in diagnosis.  Nearly 48% of those delayed-diagnosis cases involved radiology to some degree.

Not all cases involving radiology were due to the radiologist’s negligence.  In some cases primary care or other physicians may have misread, misinterpreted, or disregarded a radiologist’s report.

Radiological “misses”, can result in severe consequences for a patient.  In 2012, the National Institute of Health released a scathing report asserting that errors in reading radiological scans usually arise from poor technique, lack of knowledge and experience, or failures of perception.

Please contact us for more information regarding medical malpractice.

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Politics and Malpractice

Dr. Steven Anagnost is a physician in Oklahoma.. In 2010, the Oklahoma State Board of Medical Licensure began investigating and preparing to revoke Dr. Anagnost's license after several patients suffered paralysis, injury, and even death after treatment from him. He was also accused of billing for operations he had not performed and of improperly implanting spinal devices which he'd been paid to promote. Dr. Anagnost paid several malpractice settlements out of his own pocket rather than use his malpractice insurance.

Prior to the investigation, Dr. Anagnost made contributions to Rick Perry's political campaign. After finding out that Dr. Anagnost was under investigation and about to lose his permit, Perry made a call to fellow Republican and Governor of Oklahoma Mary Fallin. Fallin's general counsel, Steve Mullins, met in March 2013 with the Oklahoma State Board of Medical Licensure and Perry's phone call was part of the discussion which resulted in abandoning the investigation.

A couple of years later, the information about Perry's and Fallin's intervention was uncovered by media sources in Oklahoma because a civil lawsuit against Dr. Anagnost continued in state court.

The media reports about Perry's phone call and Fallin's subsequent involvement has led to Oklahoma's Democratic Party to call for investigation into Mullins and Fallin for possible ethical and legal violations. Fallin's office has denied impropriety, though only time will tell if an investigation will demonstrate otherwise.

MediPro Solutions, LLC, can help you with all your medical consulting needs.  Contact us today!

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Medical Malpractice And Social Media: Is It A Bad Mix?

Social media is here to stay; it can have good and bad impacts on people’s lives.  In our world, it is popular to post and share things in an attempt to make things go viral.  

Many things can go wrong when posting and sharing.  Instances have arisen where someone who has committed a crime will post or share what they have done.  This has also occurred in the medical malpractice world.  Social media can have an impact on both sides of a case.

When certain things are shared on social media, it can be giving up evidence that might have been useful in a court case.  If you have a public social media profile, you are leaving it open for anyone to look to see if you are being fraudulent.  The public profile can also be used to question how credible your claim really is.

Using social media during a medical malpractice case can give the opposing attorney a useful tool. You may think you are posting an innocent picture or post, but it can have a negative impact on your case.

Many attorneys advise clients to be mindful of what they post on social media or to stay away from social media entirely during an ongoing case.

Social media is now a huge part of our culture, but it can have negative consequences.  It is important to understand the consequences that could result from social media use.

Contact us today to find out how our services can benefit your medical malpractice case.

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Why Wisconsin Has the Least Medical Malpractice Claims in the United States

Based on the National Practitioner Databank, only 6 out of every one million Wisconsin residents received a medical malpractice claim – the national rate is 27 out of every one million. In 2014, the least amount per capita was paid by Wisconsin doctors in medical malpractice claims. There have been just 37 successful claims in Wisconsin in 2014.

This has been accomplished by Wisconsin through several steps, some might argue extremely radical steps, to lessen its medical malpractice claims. The state has introduced a $750, 000 non-economic damages cap. Wisconsin has included considerable expert witness testimony requirements in medical malpractice cases to determine the standard of care. And lastly, any claims of more than $1 million in total damages (both economic and non-financial) are paid from the state’s Injured Patients and Families Compensation Fund, which has a budget of $1.2 billion.

The success in Wisconsin has caused additional states to consider similar changes. Nationally, medical malpractice claims that were successful have decreased over the past 25 years. In 1992, 56 from every 1 million Americans acquired a medical malpractice claim. By 2004, that number had fallen to 49 out of every 1 million, and that number dropped to 27 out of every 1 million Americans in 2014.

These figures are welcome by the health care industry and insurance agencies, however, they are not entirely beneficial to people with claims which do not have damages substantial enough to attract a high quality lawyer. Quite often, if the damages are too low, injured patients can have an arduous time getting a lawyer who will take their lawsuit.

This national trend has the potential to dramatically affect both physicians and attorneys. Contact us today for all your medical legal needs.

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Physician Convicted of Murder

The successful conviction of a doctor in a deliberate homicide case for their professional conduct is uncommon. Most cases of medical malpractice generally entail legal problems such as negligence and recklessness causing damages and civil claims, nevertheless some cases do entail criminal culpability. Recently in California, Dr. Hsiu-Ying “Lisa” Tseng, was convicted of second-degree murder for the deaths of three of her patients.  Tseng was convicted for prescribing drugs which caused the overdose deaths of her patients. The deaths occurred after Dr. Tseng had been told by authorities that nine of her previous patients died with drugs in their systems that were prescribed by her. The prosecution claimed that Dr. Tseng understood that her patients were addicts and drug-seekers, and that she prescribed them drugs with the knowledge that it would cause their deaths. The defense countered that Tseng wasn't aware they were addicts and that all prescribing was done in good faith. The jury found Dr. Tseng guilty of overprescribing in 21 counts, and guilty of three counts of second-degree murder. Dr. Tseng will likely spend several years in California state prison. Prescription drug abuse continues to rise nationwide resulting in the potential for more doctors to be convicted in criminal cases for their drug prescribing practices. For more information, contact us today!

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Telemedicine and Malpractice

Telemedicine involves communication and interaction between patients and physicians over devices such as telephones, computers, tablets, and applications like Skype.  While it may seem like a new and upcoming technology, telemedicine has actually been practiced in the United States for nearly 50 years, over the telephone. With advances in technology, telemedicine is expected to grow exponentially in the next few years.

As telemedicine grows in popularity, the risk for potential malpractice lawsuits also grows.  Concern stems from the fact that there may be no face-to-face examination with the medical advice that is given.  Use of telemedicine is largely supported by both parties in the political arena and increased use is outlined in the Affordable Care Act.  Many supporters point to the fact that telemedicine can increase access to healthcare while also substantially reducing costs.

The number of lawsuits related to telemedicine has so far been relatively small. Experts, however, are expecting that number to climb as telemedicine grows in popularity.  Many malpractice cases involving telemedicine have been settled and have included nondisclosure agreements so actual numbers and specific issues or concerns are difficult to ascertain. As telemedicine grows, those issues and concerns should become more apparent as more cases are filed and reported by the media.

For more information regarding telemedicine and the law, contact us today!

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Petextrians - Dangers of Distracted Walking:

Humankind has the ability to stay in touch with a universe of information at the swipe of a finger.  While this is an amazing accomplishment, it has given rise to not only the issue of distracted driving, but distracted walking as well. 

We each have seen people wandering down a city sidewalk never taking their eyes off of their display. ABC News has reported that this tendency has caused an increase in injuries and even deaths to folks who are walking while distracted. The issue is not simply these “petextrians” walking into objects or other people while on the sidewalk, but also when they try to cross a street without discovering the color of the traffic light, resulting in pedestrians being badly injured or even killed. The fatality rate for pedestrians killed while using a handheld device has climbed from 1% in 2004 to 3.5% in 2010. The amount of individuals injured while walking and using cell phones has doubled since 2005. Many state and local governments have grown concerned over the increases in deaths due to distracted walking. Some have taken action including lowering speed limits for cars in certain urban areas, fining people who are found while walking distracted, and initiating awareness efforts. Civil trials have found individuals who walk into traffic while using their mobiles at fault for the injury and, at the very least, these pedestrians can find their awards reduced by a jury. Most importantly to remember is, when utilizing a cellphone while on a city street, it's a good idea get out of the way of pedestrian traffic and to cease walking until concluded.

Contact us for all you medical legal needs!

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Nondisclosure Agreements in Medical Malpractice

The total amount of a monetary resolution in medical malpractice cases often gets plenty of coverage in the media, particularly if it is in the millions. Nevertheless many settlements include nondisclosure agreements. Those cases seldom get any attention even if they can have important consequences.

Researchers at the University of Texas recently found that almost nine in ten settlements at the university involved nondisclosure agreements. The University of Texas medical care system provides medical malpractice insurance for at least 6,000 doctors at six campuses in five cities in Texas.  The study found that about 90% of settlements included nondisclosure agreements.

The Journal of the American Medical Association reported on this study, reporting almost 50% of the nondisclosure provisions prohibited discussion about the essence of the medical errors by families and patients. In 9% of the cases, physicians and hospitals were also prohibited from discussing details of the cases and any medical mistakes involved.

Though the study focused on only one medical system, the information may be pertinent to other large medical systems and also the health care sector as a whole. Preventing the disclosure of significant information, especially to state boards, can have long term negative effects. For example, future patients of the physician wouldn’t have access to pertinent information about the doctors past record. Furthermore, hospitals are unable to address problems or take steps to correct them if all applicable information is required to remain confidential.

Many healthcare professionals concur that while nondisclosure agreements are legally valid, patient safety can be hindered because they discourage open and honest discussion of medical errors or blunders. It may be time to reevaluate the inclusion of nondisclosure agreements in medical malpractice settlements.

Contact us today for all your medical legal needs.

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Do You Need A Medical Record Review For A Nursing Home Resident?

Among the first steps to take if you suspect that negligence or abuse has taken place at a nursing home, is to obtain the medical records and request a medical expert do a medical record review. A medical record review can help determine if the physicians working at the nursing home have not fulfilled the standard of care and, if errors were made, what the mistakes were. Obtaining medical records is not always easy due to HIPAA regulations. In addition, there's confusion regarding laws that are applied to obtaining medical records from a nursing home facility. Laws are in place that state a patient or a patient's authorized representative is entitled to the medical records. A patient or patient's representative has a right to view the medical records and any other records which are used during treatment, recuperation, or the care of the individual. An authorized representative for the nursing home resident must be specified on the resident's contract when admitted to the facility. A nursing home resident also is entitled keep the medical records private. Tips for Seeking A Medical Record Review:

 You do not need to give the reason to the facility you want the medical records

 Ask for the medical record immediately in case you have any reason to think you might need a medical record review

 Keep records of any medical record requests made and medical record review requests

Contact us for additional information or for a consultation.

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Surgical Center Found Not Liable For Uninsured Physician’s Mistakes

Dr Richard Kaul, a licensed doctor trained in anesthesiology, general surgery, and interventional pain management, practiced in New Jersey until 2012 from 2002. His medical license was revoked in 2014 by the New Jersey State Board of Medical Examiners after it was ascertained that he performed spine surgeries without training that was required.

A lawsuit was filed by a former patient of his that he'd performed a spinal fusion on in 2005 against Kaul and the Market Street Surgical Center in Saddlebrook, NJ. Kaul improperly put surgical screws in the patient's foot and which resulted in pinched nerves that made it permanently impossible for him to walk normally.

A trial court found Kaul guilty and awarded $750,000 to the patient, but the claim against the surgical center was dismissed. The patient appealed arguing that patients have the right to sue hospitals and surgical centers that allow doctors without medical malpractice insurance to work in their facilities, but the decision was upheld. The court ruled that surgical facilities shouldn't be held liable for damages for employing uninsured doctors. Moreover, physicians were not required to disclose to patients that they were uninsured. Thus, the New Jersey Supreme Court ruled, legal damages were not intended under the law.  New Jersey state law does require physicians to have malpractice insurance, however, the only punishment under the statute stipulates that penalties come from the New Jersey State Board of Medical Examiners.

In light of this recent conclusion, Kaul announced that he is pursuing reinstatement of his medical license. He also continues to run a medical consulting company.

Contact us for all your medical-legal needs!

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Digital Records Spark Debate About Whether Patients Should Be Able To See Their Doctor's Notes

Physician's handwritten notes used to be only seen by clinicians. However, today's electronic medical records now mean that many aspects of the health record are easily shared and readily available. Nearly every facet of health care is now digital which is igniting debate about whether patients should be able to see their doctor's notes. OpenNotes, a trial initiative set at 4 distinct medical centers allowed over 20,000 patients accessibility to 100 primary care doctors' notes. The trial results indicate that patients did benefit from this accessibility. After one year a vast majority of patients had read the notes. A bulk of those surveyed said they had a better understanding of their care and felt more in charge of their care. Moreover, two thirds of patients reported better medication adherence. The study also found that open notes had no effect on a physician’s ability to do their work. As a result, many physicians now welcome the notion of patients having access and better understanding of their care.  

One concern doctors have raised regarding opening their notes to patients, is the possibility of having to spend extra time with patients explaining their notes. Also, knowing that patients will have access to such records could change how doctors record information. Doctors could end up altering the documentation from a manner that is medically precise to present information in a more readily comprehensible way to patients. There's also a worry that patients could post notes to social media that could expose doctors to either scrutiny or praise. To find out more concerning the hazards of open notes, contact us.

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