Comments on: The Trial Of A WhiteCoat – Part 1 http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/ A blog from inside the emergency department Wed, 08 Feb 2012 17:35:50 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: dr brenner http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-9228 dr brenner Wed, 24 Jun 2009 03:06:40 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-9228 I've been reading your column on your med mal case with interest as I an ER doc who writes medicolegal articles for www.epmonthly.com and have a book coming out soon about how to survive a med mal lawsuit. I see some things that you mention that could really help doctors if they read more about the important issues you discuss. See my blog at http://drbrenner.blogspot.com/2009/06/commenting-on-whitecoats-blog-parts-1.html for detailed discussion of Parts 1&2. In particular, I discuss issues about conflict of interest, consent to settle your case, picking an attorney, and much more. I’ve been reading your column on your med mal case with interest as I an ER doc who writes medicolegal articles for http://www.epmonthly.com and have a book coming out soon about how to survive a med mal lawsuit. I see some things that you mention that could really help doctors if they read more about the important issues you discuss.

See my blog at http://drbrenner.blogspot.com/2009/06/commenting-on-whitecoats-blog-parts-1.html for detailed discussion of Parts 1&2. In particular, I discuss issues about conflict of interest, consent to settle your case, picking an attorney, and much more.

]]> By: Jake http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8991 Jake Sun, 14 Jun 2009 21:10:44 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8991 Hi, great!, an institution with proactive communication. We can begin to reduce the number of lawsuits by hospital administrators and risk departments making it easy to communicate. Perhaps if they followed the model of Zappos.com - ever shopped there?, great customer service and the company asks for feedback at every turn which informs the company of the effect of its people and its policies so that it can self-correct. Re: the daughter who took notes and was a proactive communicator (PC) during the ER event. Was the hospital a PC after the event and she sued anyway? Should a hospital anticipate that a death or undesirable outcome might spur those involved to seek information and to ask questions? Yes, but who can get answers from hospitals that hide b/c of fear of lawsuits and that discourage staff from speaking? The Joint Commission/JCAHO (good luck there), your congressperson, a t.v. station, a lawyer? Hospital systems which discourage questions and cross-communication create a need for lawsuits IMhO. Questioning outcomes and asking "what if we'd done this.." are normal processing steps, aren't they? Aren't they what lead to systems improvements? Hi, great!, an institution with proactive communication. We can begin to reduce the number of lawsuits by hospital administrators and risk departments making it easy to communicate. Perhaps if they followed the model of Zappos.com – ever shopped there?, great customer service and the company asks for feedback at every turn which informs the company of the effect of its people and its policies so that it can self-correct.

Re: the daughter who took notes and was a proactive communicator (PC) during the ER event. Was the hospital a PC after the event and she sued anyway?

Should a hospital anticipate that a death or undesirable outcome might spur those involved to seek information and to ask questions? Yes, but who can get answers from hospitals that hide b/c of fear of lawsuits and that discourage staff from speaking? The Joint Commission/JCAHO (good luck there), your congressperson, a t.v. station, a lawyer? Hospital systems which discourage questions and cross-communication create a need for lawsuits IMhO. Questioning outcomes and asking “what if we’d done this..” are normal processing steps, aren’t they? Aren’t they what lead to systems improvements?

]]> By: chairman meow http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8899 chairman meow Thu, 11 Jun 2009 13:52:26 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8899 You're right in the sense that if it can't be talked about (while omitting names and sensitive specifics) then the "lawyers win." The opposite thing would be true if we lived in a world where lawyers felt intimidated by incompetent doctors. (ha, ha) I think that in this case information is ultimately empowering so that doctors can collectively demonstrate why our current "lawsuit-orgy" has gone too far. Unlike most careers, I don't know of any doctors who enter into medicine simply for the money. (i'm sure there are some egos out there though) Anyway, I hate to see our health care system compromised like this by lawyers and health care executives who see patients only in terms of dollars. I think on some level the plaintiff and their lawyer are in a no-lose situation, while the doctors are in a no-win situation once a lawsuit has been filed. There should be some degree of "risk" to the lawyer who accepts a questionable case, as there is risk for every doctor who lets a patient come through their door. chairman meow http://www.obeythepurebreed.com You’re right in the sense that if it can’t be talked about (while omitting names and sensitive specifics) then the “lawyers win.”

The opposite thing would be true if we lived in a world where lawyers felt intimidated by incompetent doctors. (ha, ha) I think that in this case information is ultimately empowering so that doctors can collectively demonstrate why our current “lawsuit-orgy” has gone too far.

Unlike most careers, I don’t know of any doctors who enter into medicine simply for the money. (i’m sure there are some egos out there though) Anyway, I hate to see our health care system compromised like this by lawyers and health care executives who see patients only in terms of dollars.

I think on some level the plaintiff and their lawyer are in a no-lose situation, while the doctors are in a no-win situation once a lawsuit has been filed. There should be some degree of “risk” to the lawyer who accepts a questionable case, as there is risk for every doctor who lets a patient come through their door.

chairman meow
http://www.obeythepurebreed.com

]]> By: The Mind Map, 6.10.09 « Evidenced.blog http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8874 The Mind Map, 6.10.09 « Evidenced.blog Wed, 10 Jun 2009 15:08:02 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8874 [...] WhiteCoat is blogging a (previously resolved) malpractice case. [...] [...] WhiteCoat is blogging a (previously resolved) malpractice case. [...]

]]> By: Supremacy Claus http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8731 Supremacy Claus Fri, 05 Jun 2009 11:10:35 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8731 Matt: No. It was the incompetence of his defense attorney and the anti-doctor bias of the hate filled judge that allowed a violation of the Rules of Evidence. Matt: No. It was the incompetence of his defense attorney and the anti-doctor bias of the hate filled judge that allowed a violation of the Rules of Evidence.

]]> By: Matt http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8710 Matt Thu, 04 Jun 2009 21:11:25 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8710 "? It wasn’t that he ad blogged about his malpractice trial, it was that he (and more importantly his lawyers) were surprised when he was confronted on the stand with the existence of his blog - that forced the settlement." It was also the contempt he showed in his posts about the lawyers, jurors and process in general that made him look extremely arrogant. “? It wasn’t that he ad blogged about his malpractice trial, it was that he (and more importantly his lawyers) were surprised when he was confronted on the stand with the existence of his blog – that forced the settlement.”

It was also the contempt he showed in his posts about the lawyers, jurors and process in general that made him look extremely arrogant.

]]> By: Matt http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8709 Matt Thu, 04 Jun 2009 21:10:18 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8709 Perhaps if more of you spent more time learning about the process you fear, rather than just reading anecdotal horror stories with 1/2 the facts, there wouldn't be so much fear. Perhaps if more of you spent more time learning about the process you fear, rather than just reading anecdotal horror stories with 1/2 the facts, there wouldn’t be so much fear.

]]> By: Matt http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8708 Matt Thu, 04 Jun 2009 21:09:07 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8708 "Do I look that dumb to make a change in the records now?" You say that, but there are plenty of cases where physicians change the records. I once worked a case where the physician undoubtedly performed an act on the patient that wasn't consented to and was not reflected in the records. They tried to go back and change them over a month later after they knew word was getting out about their action. Watching you was a reasonable precaution, not a reflection on you personally. “Do I look that dumb to make a change in the records now?”

You say that, but there are plenty of cases where physicians change the records. I once worked a case where the physician undoubtedly performed an act on the patient that wasn’t consented to and was not reflected in the records. They tried to go back and change them over a month later after they knew word was getting out about their action. Watching you was a reasonable precaution, not a reflection on you personally.

]]> By: DancingSamurai.ca | Medico-Legal Blogging Link… http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8704 DancingSamurai.ca | Medico-Legal Blogging Link… Thu, 04 Jun 2009 18:44:30 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8704 [...] Trial of a WhiteCoat: Part 1, Disclaimer, Part [...] [...] Trial of a WhiteCoat: Part 1, Disclaimer, Part [...]

]]> By: This Just Tickled Me « William The Coroner’s Forensic Files http://www.epmonthly.com/whitecoat/2009/06/the-trial-of-a-whitecoat-part-1/#comment-8701 This Just Tickled Me « William The Coroner’s Forensic Files Thu, 04 Jun 2009 17:50:01 +0000 http://www.epmonthly.com/whitecoat/?p=2721#comment-8701 [...] Just Tickled Me Filed under: Forensics — williamthecoroner @ 12:45 WhiteCoat is blogging about his experiences in a medical malpractice case. One of the points he has made is [...] [...] Just Tickled Me Filed under: Forensics — williamthecoroner @ 12:45 WhiteCoat is blogging about his experiences in a medical malpractice case. One of the points he has made is [...]

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