Litigation
Show:
Nov 27, 2024
Key Factors in a Deposition: What Healthcare Professionals Can Expect
A deposition is a discovery tool used in civil, administrative, and criminal litigation. Our expert outlines what healthcare professionals can expect if they receive a notice of a deposition.
Nov 18, 2024
Nuclear Verdicts in Healthcare: How Social Inflation Impacts Physicians, Patients, and the Future of Medicine
Social inflation increases the price of healthcare. It ratchets up the costs of doing business for healthcare professionals and facilities, and fear of litigation inspires defensive medicine. Fortunately, through tort reform, states may be able to contain social inflation’s effects on healthcare costs.
Nov 15, 2024
Defensible Medical and Dental Records
Patient records, which serve a critical function in healthcare delivery and routine clinical operations, can provide key evidence in the event of a professional liability action.
Oct 01, 2024
Respond Carefully to Notice of Intent
Richard Cahill, JD, Vice President and Associate General Counsel, The Doctors Company, part of TDC Group, shares suggestions for how to properly respond to patients who communicate their intent to sue.
Jul 23, 2024
Contributing Factors to Medical Malpractice Claims: Study Examines Difference Between No-Payment and Indemnity Claims
In November 2023, The Doctors Company released a study on diagnosis-related medical malpractice claims with an indemnity over $1 million. Now, to expand our understanding, we have conducted a new analysis: Do contributing factors differ between malpractice claims with no payment and claims with indemnity payments?
Jul 02, 2024
Medical Malpractice Payouts Are Ballooning—and Insurers Are Warning It Will Cost Patients
Robert White, President of The Doctors Company and TDC Group, discusses how social inflation increases the price of healthcare. This article, originally appearing on Fortune.com, suggests that through tort reform, states may be able to contain social inflation’s effects on healthcare costs.
Jun 01, 2024
Falls Remain a Leading Safety Problem, Still Need Attention
Richard Cahill, JD, Vice President and Associate General Counsel, The Doctors Company, part of TDC Group, provides insight on how practices should respond to and prevent patient falls.
May 31, 2024
Understanding the Medical Malpractice Litigation Process
Experts provide an overview of the various phases of the medical malpractice litigation process that a cardiologist defendant may be involved in and recommended strategies to maximize a successful outcome.
May 16, 2024
Illinois Jury Awards $41 Million to Stroke Victim
Robert White, President of The Doctors Company and TDC Group, discusses how each nuclear verdict increases the chances for additional large awards.
May 01, 2024
AM Best’s Briefing - Medical Professional Liability Sector: The State of the U.S. Market
Robert E. White, President of The Doctors Company and TDC Group, joins Sharon Pereira Marks, Director, P&C Ratings, AM Best; Victoria Riggs, MBA, Associate Director, AM Best; Eric Anderson, Interim President and CEO, the Medical Professional Liability Association; and Megan McIntyre, Head of TransRe’s Medical Malpractice team, in reviewing the state of the U.S. medical professional liability insurance sector.
Mar 15, 2024
Patient Dies During BBL Surgery: Physician Without Surgical Privileges Allegedly Punctures Organs
Richard Cahill, JD, Vice President and Associate General Counsel, The Doctors Company, part of TDC Group, discusses the importance of having healthcare providers and practices accurately report their credentials.
Video Mar 13, 2024
Why It's Vital to Choose a Doctor-Owned Medical Malpractice Insurer
Choosing a medical malpractice insurer involves more than just reviewing the cost of premiums—physicians must consider which insurer has their best interests at heart. Consolidation in the industry has led to shareholder-owned companies acquiring doctor-owned companies and vice-versa. When an acquisition brings a doctor-owned company into the hands of shareholders, physicians have a prime opportunity to ask: Is this the type of insurer I want protecting my reputation?
Mar 05, 2024
Alabama Embryo Ruling May Increase Med Mal Risks
Robert White, President of The Doctors Company and TDC Group, discusses the potential impacts the recent IVF ruling in Alabama will have on healthcare professionals.
Mar 01, 2024
Burnout and Litigation Against Primary Care Providers: Where Do They Overlap?
Certain trends in primary care suggest potential avenues for investigation into malpractice allegations. These include a worsening shortage of primary care physicians, an association between burnout and patient safety concerns, and the rise in both the number of women physicians and the rate of burnout among women physicians.
Feb 21, 2024
Professional Liability: The Problem That Will Not Go Away
The frequency of malpractice claims in the United States has trended downward in the last 10 to 15 years, however, there is an upward trend in the “severity” of claims, driven in large part by “nuclear” jury verdicts. Cardiologists and other clinicians should always be aware that a lack of communication is a common causal factor in malpractice suits. Richard E. Anderson, MD, FACP, Chairman and CEO, The Doctors Company and TDC Group, investigates claim amounts and severity alongside three prominent physicians.
Feb 08, 2024
Malpractice Mega-Verdicts Hit Record High
Robert White, President of The Doctors Company and TDC Group, discusses how a rollback of tort reform could be a factor in the rise of nuclear malpractice verdicts.
Feb 02, 2024
Mega Malpractice Verdicts Against Physicians on the Rise
Robert White, President of The Doctors Company and TDC Group, discusses the impact nuclear verdicts have on costs for medical professionals.
Jan 30, 2024
A Georgia Man's Failed Heart Transplant Culminates In a $38.6M Malpractice Verdict Against Emory Healthcare
Robert White, President of The Doctors Company and TDC Group, discusses some of the causes of the rise in high-dollar medical malpractice verdicts.
Dec 27, 2023
2024 Prediction from Robert E. White Jr.
Robert E. White Jr., President, The Doctors Company, part of TDC Group, offers his prediction for how social inflation will impact practices’ medical malpractice premiums in 2024.
Dec 19, 2023
Patient Safety Predictions for 2024
Robert E. White Jr., President, and Laura Kline, MBA, CPCU, Senior Vice President of Business Development, The Doctors Company, part of TDC Group, offer their predictions for what will happen in patient safety and healthcare quality in 2024.
Dec 15, 2023
MPL Cases: What Are the Primary Drivers of High-Indemnity Medical Malpractice Claims?
Jacqueline Ross, RN, PhD, Coding Director, and Kathrine Soulsby, RN, BSN, Senior Patient Safety Analyst, The Doctors Company, part of TDC Group, investigate high-dollar medical malpractice litigation and explain how reducing diagnostic errors is paramount to enhancing patient safety and mitigating loss costs.
Dec 07, 2023
ADA Accessibility for Healthcare Websites: How Practices Can Avoid Suits and Attract Patients
Healthcare practices and organizations may be sued by web users who allege that there are site-use access barriers for those with disabilities and impairments that violate the Americans with Disabilities Act (ADA) and various state laws. Those caught up in these lawsuits can pay millions of dollars and be bound by the settlement to make specific changes to their websites.
Professional Education
Cardiology–Business of Medicine: Lessons from Medical Malpractice Claims
This educational activity is from an article that was originally published in Cardiology Magazine in June 2023. The article explains the Three Ps—Prevent, Preclude, and Prevail—as key elements to reduce clinician risk related to malpractice litigation. This article reviews an actual cardiology closed claims lawsuit and applies the analysis of the Three Ps. It concludes by explaining the reasons the lawsuit was settled for a nominal amount.
Nov 27, 2023
Diagnosis-Related Medical Malpractice Claims With Indemnities Over $1 Million: Understanding the Primary Drivers
Identifying and concentrating on factors related to high-indemnity medical malpractice claims can help to both improve patient outcomes and reduce financial losses. One common thread in high-indemnity claims is diagnostic errors. Therefore, understanding more about how to protect against and prevent diagnostic errors is paramount to patient safety and to mitigating loss costs.
Nov 17, 2023
As State Laws Change, Clinicians Need Medical Malpractice Legal Representation
Richard F. Cahill, Esq., Vice President and Associate General Counsel, The Doctors Company, part of TDC Group, discusses how changing laws place additional pressure on clinicians to secure trusted legal counsel.
Professional Education
Shoulder Dystocia Clinician-Patient Disclosure
This enduring activity is designed to assist physicians and advanced practice clinicians (APCs) in enhancing their communication skills when disclosing a shoulder dystocia injury to patients and family members. This type of injury to the infant may, unfortunately, occur despite the best of care; however, effective physician-patient communication is an integral part of clinical practice and has been shown to positively influence outcomes by increasing patient understanding and trust.
Nov 01, 2023
Be Prepared to Secure All Types of Evidence After Adverse Events
Richard F. Cahill, Esq., Vice President and Associate General Counsel, The Doctors Company, part of TDC Group, discusses the importance of healthcare providers preparing policies and procedures for securing evidence after adverse events.
Nov 01, 2023
How to Identify and Defend Against Malicious Lawsuits
Richard F. Cahill, Esq., Vice President and Associate General Counsel, The Doctors Company, part of TDC Group, discusses common concerns healthcare professionals have when it comes to disgruntled patients and malicious lawsuits.
Oct 30, 2023
Should You Offer Your Services as a Paid Clinical Expert?
Consider these key questions before deciding to accept the role of paid expert witness. Functioning as an expert witness is not a role to be entered into lightly.
Professional Education
Cardiology Medical Malpractice Case Study: A Lesson in 'Three P' Analysis
Clinicians, such as primary care and cardiologists, who routinely evaluate and treat patients with cardiac conditions, may benefit from insight from a real cardiology closed claims lawsuit and what factors contributed to it. They will learn the concept of the “Three P” analysis as a strategy to minimize the risk of professional liability litigation. This educational activity explains the various issues that led to the filing of the lawsuit and why it was dismissed, such as good documentation, which is often a prevailing factor in successfully defending a professional liability lawsuit.
Aug 04, 2023
Iowa Neurosurgeon Beats $27 Million Malpractice Suit
David L. Feldman, MD, MBA, FACS, Chief Medical Officer for The Doctors Company and TDC Group, discusses the correlation between patient safety and malpractice risk.
Jul 21, 2023
The Biggest Malpractice Cases of 2023: States Are Shifting the Legal Landscape
David L. Feldman, MD, MBA, FACS, Chief Medical Officer for The Doctors Company and TDC Group, discusses why missed and misdiagnoses are a primary cause of malpractice lawsuits.
Jun 26, 2023
Social Inflation's Surge in Medical Malpractice Insurance
Robert White, President of The Doctors Company and TDC Group, discusses the impact of social inflation on costs for medical professionals.
Jun 06, 2023
When Could You Be Sued for AI Malpractice? You're Likely Using It Now
Michael LeTang, MS, RN-BC, CCRN-K, Vice President, Chief Nursing Informatics Officer, Risk Management, Healthcare Risk Advisors, part of TDC Group, and Sue Boisvert, BSN, MHSA, CPPS, CPHRM, DFASHRM, Senior Patient Safety Risk Manager, The Doctors Company, part of TDC Group, provide suggestions for ensuring patient safety with the use of artificial intelligence in healthcare.
Professional Education
COVID-19: Malpractice Claim Allegations and Protections
Malpractice claims related to the pandemic’s early days are now reaching courts. What types of claims will we see related to COVID-19? And will the qualified immunities enacted to protect healthcare professionals withstand challenges? Learn more by reading two articles, "Malpractice Lawsuits and COVID-19: Top Allegations and Protections for Healthcare Professionals" and "The Pandemic’s Impact on Malpractice Claims" and answering the five CME questions.
Jun 05, 2023
Malpractice Lawsuits and COVID-19: Top Allegations and Protections for Healthcare Professionals
Malpractice claims related to the pandemic’s early days are now reaching courts. What types of claims related to COVID-19 will we see? And will the qualified immunities enacted to protect healthcare professionals withstand challenges?
From
The Doctor’s Advocate
Professional Education
You Have Been Served with a Malpractice Lawsuit or a Regulatory Action Notice: Now What?
Malpractice litigation and government regulatory and licensing oversight are inherent aspects of licensed healthcare professionals. The concern regarding malpractice litigation is well-founded, and regulatory and licensing actions can pose significant challenges. Therefore, clinicians must be prepared and knowledgeable about navigating legal notices and taking appropriate steps to ensure compliance. By participating in this program, they can effectively mitigate the impact of claims, complaints, or regulatory actions and safeguard their practice.
May 18, 2023
Social Inflation Drives Up Malpractice Payouts—and Insurance Rates
Robert White, President of The Doctors Company and TDC Group, discusses the impact of social inflation on the medical malpractice industry.
Mar 21, 2023
The BI Interview with Dr. Richard Anderson of The Doctors Company
Richard E. Anderson, MD, FACP, Chairman and Chief Executive Officer of The Doctors Company and TDC Group, discusses medical malpractice exposures in the wake of the COVID-19 pandemic and how broad changes in the healthcare sector will alter the liability landscape.
Mar 20, 2023
Sexual Harassment Allegations in Healthcare: Rising Risks
Healthcare practitioners are not immune from the growing number of reported incidents of alleged sexual harassment in the workplace. This article provides risk mitigation strategies.
Mar 09, 2023
Who Can Sue Docs for Wrongful Death? Some States Are Trying to Expand That Group
Remi Stone, Director of Government Relations, The Doctors Company, part of TDC Group, and Peter Kolbert, JD, Senior Vice President, Claim & Litigation Services, Healthcare Risk Advisors, part of TDC Group, discuss potential implications of wrongful death legislation.
Feb 23, 2023
The Pandemic’s Impact on Malpractice Claims
Peter Kolbert, JD, Senior Vice President, Claim & Litigation Services, Healthcare Risk Advisors (HRA), part of TDC Group, discusses the impact the pandemic had on malpractice claims as we approach the third anniversary of COVID-19.
Feb 12, 2023
Urgency Needed for Medical Grade Wearables
David L. Feldman, MD, MBA, FACS, Chief Medical Officer, The Doctors Company and TDC Group, discusses the importance of understanding how technology like wearables impacts medical liability.
Jan 06, 2023
Assisting in Your Defense: Strategies for Healthcare Practitioners
Although the majority of healthcare practitioners will face a malpractice claim, few are prepared when served with a lawsuit.
Dec 15, 2022
Eight Best Practices for Medical Malpractice Defense
Peter Kolbert, SVP for Healthcare Risk Advisors, part of TDC Group, provides insight on how preparation is the best tool to defend malpractice litigation.
Video Nov 18, 2022
What to Expect from Litigation: Dr. Grollo's Perspective
Dennis Grollo, MD, a family physician, describes a malpractice case against him involving a long-time patient and allegations of using an out-of-state pharmacy. Dr. Grollo worked as a team with his attorney and The Doctors Company claims specialist to provide a strong defense with the support of medical and phone records. In the end, the jury exonerated him.
Professional Education
Reducing the Risk of a Malpractice Claim
This enduring program is designed to assist physicians, dentists, and advanced practice clinicians, improve patient safety by providing information on how to implement a root cause analysis (RCA2) when a near-miss, or injury has been identified. Real cases serve as examples of how sustainable change can minimize human and environmental factors while decreasing system failures and reducing the risk of a malpractice claim.
Jul 13, 2022
Malpractice May Be Negative, but Its Data Can Generate Positive Results
We can leverage malpractice data to target and drive investment in patient safety efforts. Malpractice data shows us very clearly that good communication and teamwork are vital to preventing adverse events and malpractice claims—while also dramatically improving working conditions and enhancing patient safety.
Jun 17, 2022
Practice Protection for Administrative and Regulatory Actions
Our legal and patient safety experts describe the types of complaints against healthcare professionals that trigger agency investigations and advise how to respond to notifications.
From
The Doctor’s Advocate
Jun 09, 2022
Coping With Litigation: Tips for Healthcare Professionals
The first step in alleviating the stress and uncertainty created by an allegation of medical or dental malpractice is to understand the litigation process and the defendant’s role during each step.
Video Aug 27, 2021
What Types of Claims Can We Expect to See Filed as a Result of COVID-19?
Marco Spadacenta, Senior Vice President of Claims for The Doctors Company, details the different kinds of claims we may see filed as a result of the pandemic.
Jun 17, 2021
Deferred, Delayed, Disrupted: Mitigating Risks from Care During COVID-19
The pandemic has disrupted healthcare so thoroughly that in some sense, COVID-19 has affected all of healthcare. The effect on care has been stunning in magnitude. By mid-2020, more than 40 percent of U.S. adults had delayed medical care or avoided it entirely, including care for urgent and emergent complaints.
Dec 14, 2020
Before COVID-19, Outlier Medical Malpractice Verdicts Were Rising—What’s Next?
Severity—the average cost of a medical malpractice claim—continues its relentless increase. Though severity has been rising since at least the 1970s, in recent years we have seen a sharp increase in outlier verdicts, which exceed common policy limits and often set records for their venues. Before the pandemic, nearly all states had seen these extraordinarily large awards, but whether the pace of these awards will be affected by the pandemic is unknown. Some U.S. states have adopted limited liability protections for physicians during COVID-19, but those protections may be tested in the courts.
Dec 11, 2020
How the Medical Malpractice System Influences Care
Richard E. Anderson, MD, FACP, The Doctors Company Chairman and CEO, discusses how the medical malpractice system often burdens good physicians with years-long lawsuits—and shows how the cost of defensive medicine affects us all.
Aug 25, 2020
Distracting Devices in Healthcare: Malpractice Implications
Digital distraction in healthcare is a threat to patient safety and physician well-being. Personal electronic devices can create a digital distraction so engaging that it consumes awareness, potentially preventing healthcare providers from focusing on the primary task at hand—caring for and interacting with patients.
Video Sep 04, 2018
What to Expect from Litigation: Dr. Gupta's Perspective
Adverse outcomes sometimes occur even when physicians follow the standard of care and do all they can for their patients. This video, the third in a series showcasing actual claims experiences, highlights the stress and worry that accompany a medical malpractice lawsuit. Emergency medicine physician Dr. Malkeet Gupta recounts how being sued for medical malpractice affected him.
Video Aug 21, 2018
What to Expect from Litigation: Dr. Wuest's Perspective
Thomas K. Wuest, MD, MMM, an orthopedic trauma surgeon in Eugene, Oregon, describes his experience defending himself against a medical malpractice suit involving a man who fell over 20 feet from a utility pole and sustained multiple injuries.
Video Aug 13, 2018
What to Expect from Litigation: Dr. Del Zotto's Perspective
This video, the second in a series showcasing actual claims experiences and providing physicians with insight about what to expect if they are sued for malpractice, features Dr. Thomas A. Del Zotto. He discusses the claim that was made against him and how the support of his insurer, his attorney, and expert witnesses helped him win his case.
Video Aug 05, 2018
What to Expect from Litigation: Dr. Nye's Perspective
Dr. Elizabeth R. Nye, an obstetrician and gynecologist in Chicago, describes how she defended herself against a medical malpractice lawsuit involving a complicated delivery that led to the death of the infant. Dr. Nye recounts the emotional impact of the lawsuit.
Video Jul 30, 2018
What to Expect from Litigation: Dr. Go's Perspective
This video features cardiologist Darlene M. Go. Dr. Go discusses the malpractice claim that was made against her and how the support of her insurer, her attorney, and expert witnesses helped her win her case.
Video Feb 23, 2018
What to Expect from Litigation: Dr. Johnson's Perspective
Dr. Jeffrey D. Johnson, a family physician in Corpus Christi, describes his experience defending himself against a medical malpractice suit involving a young man who committed suicide using prescription medication.
Video Feb 10, 2018
What to Expect from Litigation: Dr. Michelin's Perspective
Dr. David P. Michelin, a gynecologic oncologist in Traverse City, Michigan, relates his experience with a malpractice suit involving a hysterectomy and staging for uterine cancer.
Video Feb 04, 2018
Malpractice Case Studies: What Went Wrong? (Episode 1)
In these cautionary tales, attorneys discuss medical malpractice cases that went awry—and how physicians can protect themselves.
Video Feb 04, 2018
Malpractice Case Studies: What Went Wrong? (Episode 2)
A malpractice attorney clearly explains why proper documentation is essential each time a physician sees a patient. Lack of documentation can lead to a lawsuit—don't make this mistake.
Oct 19, 2017
Overcoming the Stress of Malpractice Litigation: Solutions to Help Physicians Stay Healthy and Engaged
A malpractice lawsuit will generate an array of negative emotions, from self-doubt to high levels of stress and anxiety. But there are steps doctors can take to ease the strain.
Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 3)
This video explains why it's vital for physicians facing a medical malpractice claim to become an integral part of the defense team. Claims defense is most effective when the physician and attorney work together as a team—the attorney relies on the physician to be the medical expert, just as the physician should rely on the attorney to be the legal expert.
Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 1)
The vast majority of doctors will face a medical malpractice lawsuit at some point in their career. Legal experts provide tips on how physicians can prepare to be an effective member of their own defense team.
Video Feb 08, 2017
What Doctors Need to Know About Being Sued (Episode 2)
Many physicians find it difficult to cope with the stress of a medical malpractice claim. In this video, attorneys provide tips for remaining focused during the litigation process.