Diagnostic Error in General Surgery: Cognitive Bias and Systems Issues in Medical Malpractice Claims (Abstract)
Although claims against general surgeons primarily allege technical surgical-type errors, diagnostic error is the second most frequent allegation against or case type for general surgeons. Analysis of malpractice claims can elucidate the causes of and solutions to diagnostic errors. This study considers differences between diagnostic errors, both cognitive and systemic, committed by general surgeons in the inpatient vs. the outpatient setting.
Search
February 19, 2025, JAMA Network Open
Ambient Listening—Legal and Ethical Issues
Ambient listening, which involves using AI to record and analyze conversations between clinicians and patients, is one area of early AI adoption among healthcare professionals. I. Glenn Cohen, JD; Julie Ritzman, MBA, CPHRM; and Richard F. Cahill, JD, provide a comprehensive analysis of the legal and ethical considerations associated with the use of ambient listening technologies in healthcare settings.
November 13, 2025, Inside Medical Liability
MPL Case: Could Timely Diagnosis Have Preserved This Patient’s Vision?
Despite thorough subject-matter knowledge, physicians can miss the diagnosis of a familiar condition because of issues with clinical judgment. Clinical judgment may be influenced by distraction, interruption, or team communication issues. A new study of malpractice allegations against ophthalmologists suggests that when practices build teamwork skills, they strengthen patient safety and mitigate practice risks.
Healthcare Cybersecurity Resources
It’s not a matter of if a data breach will occur in your medical practice—it’s a matter of when. Make sure your practice is prepared with these resources.
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.
MPL Case: Could Closing the Loop Have Saved This Patient's Life?
Confirming a colleague’s receipt and understanding of serious findings is part of patient safety. Further, closed-loop communication expresses mutual respect, which contributes to professional satisfaction.
The Importance of Clinical Health Information at the Point of Radiology Order
Having ready access to patients’ clinical information helps radiologists eliminate assumptions and apply their skills and expertise in rendering accurate interpretive reports.
January 31, 2022, Medscape
Medscape Ob/Gyn Malpractice Report 2021
Peter Kolbert, JD, Senior Vice President of Claim and Litigation Services for Healthcare Risk Advisors, part of TDC Group, notes why ob/gyn carries significant financial exposure with lawsuits.
September 01, 2023, Part B News
Head Off Problem Patients With Signed Agreements, Legal Review: Expert
Richard F. Cahill, Esq., Vice President and Associate General Counsel, The Doctors Company, part of TDC Group, discusses the rights and responsibilities of practice managers who wish to remove or stop admitting troublesome patients.
Aug 27, 2024
Industry and Company News Third Quarter 2024
Announcements in the third quarter 2024 include recognition for our Claims team, a new article by Bob White featured in Fortune, and affirmation of our commitment to health workforce well-being.
From
The Doctor’s Advocate