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Closed Claim Review: Fortitude Pays Off

March 2024  |  Grace Gilliland, J.D.

A lawsuit is often described as a marathon, not a sprint. In some cases, that marathon takes longer and includes more hills to climb than expected. The COVID-19 pandemic certainly emphasized the challenges faced in litigation and created the perfect storm of repeatedly delaying a case ready to go to trial. In...

Playing the Telephone Game: Can the Correct Diagnosis Win in the End?

February 2024  |  Kathleen W. Smith, JD

Do you remember playing the telephone game as a child?  This is the game where the first player selects a word to whisper to the next player, and so on and so forth, until you see whether the final player ends up with the same word.  The game challenges its players to listen carefully and make accur...

Decisions and Documentation

January 2024  |  John T. Ryman, JD

The patient was a 68-year-old female with a complicated medical history including significant cardiovascular disease and multiple previous surgeries. The events that are the subject of this case started in early 2014 when she was taken to surgery by Dr. Baker[i] for robotic salpingectomy, oophorectomy, transo...

Closed Claim: The Importance of Being a "Hands-on" Medical Director

November 2023  |  Stephanie Walkley, JD, BSN

Brandi North,[1] a 43-year-old stay-at-home mom, presented to a medical spa where she had received various cosmetic treatments over the last few years.  The purpose of this particular visit was to discuss options that would help her achieve a smoother appearance of the fine lines on her chest and remove ...

Clear Communication Is Critical

October 2023  |  Brent Kinney, J.D.

“Tell the audience what you’re going to say, say it; then tell them what you’ve said.” This quote is attributable to Dale Carnegie, but it is also something that was impressed upon me by a supervising attorney early in my legal career regarding how to write effective and persuasive leg...

The Most Important Thing

September 2023  |  John T. Ryman, JD

“The single biggest problem in communication is the illusion that it has taken place.” George Bernard Shaw In real estate, it is often said that the most important thing is location, location, location. In healthcare often the most important thing is communication, communication, communication. T...

When PHI Walks Out the Door with a Departing Employee

August 2023  |  Justin Joy, JD, CIPP

Several recent closed cyber claims involve a similar scenario:  An employee[1] leaves the employment of a clinic, often on a voluntary basis.  Several days or weeks later, the clinic receives reports from existing patients that the former employee is contacting the clinic’s patients and encour...

Stay in Your Lane ... and Follow the Rules of the Road

July 2023  |  Tim Behan, JD

On a recent road trip to south Florida to move my daughter across the state, I took note of all the bad driving going on around me. It’s not that I haven’t seen a lot of bad driving in the past, and I am certain that other drivers could criticize my driving skills and behaviors from time to time. ...

The Importance of Following Up Follow-Up Care

June 2023  |  J. Baugh, JD, CPA

A recurring theme in SVMIC policyholder education is the importance of effective communication between a healthcare provider and a patient.  Another recurring theme is the issue of a healthcare provider following up with a patient after the patient has been advised to seek additional testing, treatment, ...

Closed Claim: A Recipe for a Medical Emergency

May 2023  |  Jeff Williams, JD

Readers of this article may be familiar with the medication error case that resulted in a fatality at Vanderbilt University Medical Center back in 2017. That medication error involved a nurse who gave the patient vecuronium, a muscle paralytic instead of Versed, a sedative, which resulted in the death of a pa...

Grace Under Fire

April 2023  |  William "Mike" J. Johnson, JD

“You’re a LIAR!”  The plaintiff’s attorney passed close to the defendant physician as he leveled the accusation in front of the jury.  The physician handled this charge as he did the entire trial: with grace and composure. The trial showcased two very different trial practice...

The Tale of Two Appendectomies

March 2023  |  Kathleen W. Smith, JD

Appendicitis is a well-known medical condition.  According to the National Institutes of Health, five to nine people out of every 100 will develop appendicitis during their lifetime.[1]  It is most common in younger patients, teenagers, and individuals in their 20s, but appendicitis can happen to pa...

Immunity of a Different Type

February 2023  |  Matthew Bauer, JD

No doubt physicians are familiar with the concept of immunity in the medical context.  However, there is another type of immunity with which physicians may not be familiar.  Namely, immunity from legal liability.  State legislatures have passed statutes granting immunity for a variety of activi...

A Case of Retrospective Clarity

January 2023  |  Jamie Wyatt, JD

There is not a day that goes by without an emergency or some type of accident. These scenarios are what make emergency medicine necessary. The American College of Emergency Physicians defines emergency medicine as “the medical specialty dedicated to the diagnosis and treatment of unforeseen illness and ...

Medication Management Mistakes

November 2022  |  Stephanie Walkley, JD, BSN

Linda Powell[1], a 52-year-old woman, presented to the office of gynecologist Dr. Brenda Farmer for an annual exam in June. During the office visit, Ms. Powell complained of bloating and fluid retention associated with her menstrual cycle. For these complaints, Dr. Farmer prescribed Dyazide™, writing th...

Trust the Process

October 2022  |  Brent Kinney, J.D.

As an avid sports fan, I routinely hear athletes mention that they need to “trust the process.” The origin of “trust the process,” as used ubiquitously in sports, apparently goes back to 2013 when the Philadelphia 76ers’ new general manager, Sam Hinkie, advocated an emphasis on p...

When the Best Offense Is a Good Defense

September 2022  |  Tim Behan, JD

Growing up an avid sports fan I often heard the phrase, offense wins games but defense wins championships. The “defense wins championships” part of this maxim was first uttered by the legendary football coach Bear Bryant. Other legends of the sporting world such as Pat Summitt and Michael Jordan w...

A Reminder of the Value of a Jury of Your Peers

August 2022  |  Alisa Wamble, JD

When talking with physicians about the litigation process, a common concern is that a jury seated to hear their case will be comprised of individuals who do not and cannot understand the complexities of the practice of medicine.  Many feel it is too risky to put their fate in the hands of individuals who...

When a Vendor’s Cybersecurity Problem Becomes Your Cybersecurity Problem

July 2022  |  Justin Joy, JD, CIPP

Several months ago, a medical practice was unable to access its cloud based EHR system early on a Friday afternoon. A support ticket was submitted to the EHR vendor requesting assistance for the problem.  In the meantime, the practice activated its emergency procedures protocol and records of the patient...

You MUST Be Present to WIN

June 2022  |  William "Mike" J. Johnson, JD

The recently licensed resident physician was “moonlighting” at a rural emergency department when the patient, a young male in his twenties with several small children, presented in the early morning hours with complaints of cough, congestion, nausea, vomiting, weakness, headache, and abdominal pai...

Clarifying Communication

May 2022  |  J. Baugh, JD, CPA

“The single biggest problem with communication is the illusion that it has taken place.” – George Bernard Shaw A recurring theme in SVMIC newsletters, seminars, etc. is the importance of effective communication.  The emphasis is often centered around communicating with patients, but th...

Standing Firm

April 2022  |  Randa Gibson, JD

Barbara Jones1, a 60-year-old female patient, presented to her local ER in Arkansas with acute onset abdominal pain and some distention. The history taken by the ER physician revealed a prior gastric bypass surgery and hernia repair surgery two years previously. A CT scan showed probable partial small bowel o...

Better Safe Than Sorry – Your Duty to Report

March 2022  |  Matthew Bauer, JD

Physicians receive a plethora of correspondence during the normal course of their medical practice.  Occasionally, physicians receive pre-suit demand letters or lawsuits (i.e., Summonses and Complaints) from patients and their attorneys.  These legal papers require special attention as they typicall...

When Right is Wrong – Lessons from a Wrong Site Surgical Procedure

February 2022  |  Kathleen W. Smith, JD

Since the 1998 introduction of the “Sign Your Site” campaign by the American Academy of Orthopaedic Surgeons, much attention has been directed to preventing wrong site surgical procedures.  What resulted was a paradigm shift in pre-operative processes, evolving into the pre-operative procedur...

Tragic Outcomes Don’t Equal Bad Medicine

January 2022  |  John T. Ryman, JD

This case is a good example of circumstances we sometimes encounter where the outcome is tragic, although the medical care by our insured physician was appropriate and caused no harm. The magnitude of the injury fuels the pursuit of the lawsuit. A case like this will garner great sympathy for the patient from...

A Cautionary Tale

November 2021  |  Jeff Williams, JD

Smart phones and other handheld devices are ubiquitous in our society. They are used in the medical community for professional and personal purposes continuously throughout the day. With the increasing use of these devices to communicate about patients, the line can be crossed not only as to liability concern...

Not All Heroes Wear Capes

October 2021  |  Tim Behan, JD

To be human is to be connected. Since March of 2020 that concept has been stretched and strained to the point of breaking. These “trying times” we have been living though are trying the times of our healthcare providers and administrators in their relationships with patients. The stress and fear p...

Prioritize Diligent Medicine Over Events

September 2021  |  Jamie Wyatt, JD

Four out of five physicians say they are currently experiencing symptoms of burn out. [1] One of the biggest challenges for any working professional is finding a work-life balance. Given the current health care climate, providers are dealing with increased stressors ranging from the global pandemic, a decreas...

Weak Password Allows Major Cyber Extortion

August 2021  |  Justin Joy, JD, CIPP

After arriving at the office on a Tuesday morning following a holiday weekend, a medical assistant at an ophthalmology practice* logged into her workstation to pull up the clinic schedule for the day. For an unknown reason, the assistant received an error message on her computer screen when she attempted to a...

When “Country Tough” Isn’t Tough Enough

July 2021  |  Judy King Reneau, JD, BSN

When Dr. Fabian Starr[1] arrived for work that day in summer 2014, he was asked to examine Mr. Chet Stetson, a 58-year-old male who presented to the office to discuss liposuction. Dr. Starr, a plastic surgeon, worked at Fabulous New You, a free-standing office that advertises esthetic treatments and cosmetic ...

Closed Claim Review: Good Things Come for Those Who Persevere

June 2021  |  William "Mike" J. Johnson, JD

The rural surgeon took the patient to surgery around midnight.  Her condition was miserable: relentless nausea, vomiting, and dry retching.  The hour may have been late, but the patient was prepped and had been NPO after a previously done scope. The surgeon had placed the patient on several antiemet...

Good Medicine Deserves to Be Defended

May 2021  |  John T. Ryman, JD

“Do a good turn daily.” – BSA Scout slogan The sky was filled with twinkling blue-white stars promising a fair day ahead when Dr. Able[1] climbed into his car to head for the hospital. A 70’s classics station played unnoticed in the background as Dr. Able mentally reviewed his schedul...

Closed Claim Review: Juries Get Good Medicine

April 2021  |  Stephanie Walkley, JD, BSN

Martha Mae Randolph, an active 74-year-old female with a history of esophageal stricture, GERD, and hiatal hernia presented to the office of general surgeon, Dr. Cameron Smith.[1] Approximately one year earlier, Dr. Smith had performed a robotic Nissen fundoplication with hiatal hernia repair. Although Mrs. R...

Little Things Make Big Things Happen

March 2021  |  J. Baugh, JD, CPA

“It’s the little details that are vital.  Little things make big things happen.” - John Wooden “In the successful organization, no detail is too small to escape close attention.” - Lou Holtz These quotes are from two men who had very successful careers.  John Wooden w...

Medical Records: An Essential Element of the Defense

February 2021  |  Kathleen W. Smith, JD

Medical records are essential to the practice of medicine.  Among several uses, medical records ensure continuity of care; facilitate effective communication among providers; serve as evidence of all pertinent facts related to the diagnosis and treatment of a patient; and serve as a basis for reimburseme...

Informed Refusal

January 2021  |  Matthew Bauer, JD

While physicians are familiar with the concept of informed consent, they may not be familiar with the concept of informed refusal.  Informed refusal is the flip side of informed consent and recognizes that competent patients have the right to refuse recommended treatment after receiving sufficient inform...

Closed Claim Review: Opie and the Bully

November 2020  |  John T. Ryman, JD

“I don’t want him to be the kind of boy lookin’ for fights, but I don’t want him to run from one when he’s in the right” – Sheriff Andy Taylor, The Andy Griffith Show, Opie and the Bully (1961) Once upon a time in the fictional hamlet of Mayberry, young Opie Tayl...

Time Well Spent

October  |  Stephanie Walkley, JD, BSN

Kelly Johnson, a 45-year-old G0P0[1], presented to the office of gynecologist Dr. Belinda Smith after being referred for evaluation of chronic pelvic pain.[2] Mrs. Johnson had an extensive history of gynecological problems including endometriosis and ovarian cysts. Prior to her appointment with Dr. Smith, Mrs...

Things Aren't Always As They Appear

September  |  Tim Rector, JD, MBA

There are numerous stories in religious writings with the object lesson of “Things are not always what they appear,” but that lesson is fitting in the study of the sciences, and I submit as well as in the law. Take for example this scientific experiment: Fill a glass with tap water and drop a penn...

Action Required

August 2020  |  Judy King Reneau, JD, BSN

Rose Campbell[1], a generally healthy 74-year-old, had been a patient of family practice doctor, Dr. Morris, for more than ten years. Although she had tried to quit smoking many times, Rose was a life-long smoker. She had seen Dr. Morris in Spring 2014 for a checkup and had only minor complaints, including &l...

The Best Advice - Say Nothing

March 2020  |  Kathleen W. Smith, JD

“If you can’t say anything nice, then just don’t say anything at all.” My mother gave me this advice – fairly frequently – during my childhood, when reprimanding me for arguing with my younger sister. My sister and I would raise our voices and yell ugly things at each other...

An Ounce of Prevention Is Worth a Pound of Cure

February 2020  |  Matthew Bauer, JD

Medical offices routinely receive medical records requests, and medical offices should have established policies and procedures for the proper handling of medical records requests in order to promote patient care and to comply with state law and HIPAA. While such factors are important, a frequently overlooked...

Closed Claim: What It Takes to Stay the Course

January 2020  |  William "Mike" J. Johnson, JD

The right to have “your day in court” is a highly cherished cornerstone of the American legal system. As a physician, defending your professional care is paramount. Whether to settle a case or defend it through trial is an important decision. Going to trial can have great consequences: losing can ...

Communication Is Key

November 2019  |  Jeff Williams, JD

In the practice of pediatric medicine, physicians care for arguably the most innocent and vulnerable subset of our population, children. When a child suffers an adverse outcome while under the care of a physician and other caregivers, it has a profound effect on the family, the medical providers, and, often, ...

No Perfect Cases

October 2019  |  John T. Ryman, JD

On June 1, a 24-year-old obese female patient at 11 weeks gestation presented to the OB-GYN clinic to see Dr. Smith.[1] She had been treated at the clinic for her three prior pregnancies. At the patient’s visit on September 3, Dr. Smith scheduled the patient for a three-hour glucose tolerance test (GTT)...

Who's In Your Net?

September 2019  |  Tim Rector, JD, MBA

In military communications parlance, your “net” is defined as several people on the same radio frequency channel as you. An axiom followed by leaders in the United States Army in order to win on the battlefield is, “Shoot, move, and communicate.” Timely and effective communication is t...

Details Matter - Take the Time to Do It Right

August 2019  |  Stephanie Walkley, JD, BSN

The Taylor1 family had a history of prostate cancer throughout the last couple of generations of their family tree. When Moses Taylor, age 63, received his prostate cancer diagnosis, he finally convinced his brother Malachi, age 59, and his son Martin, age 42, to see the local family medicine physician for a ...

Throwing Stones

July 2019  |  Tim Behan, JD

Words matter. Words may matter even more in the medical profession. Health care providers work in glass houses. What is said, how it is said, and most importantly, how it is interpreted by the listener, can lead to serious and time-consuming consequences. You may think your words are benign or comforting, but...

Shoulda, Coulda, Woulda

June 2019  |  Zynthia T. Howse, JD

"Shoulda, Coulda, Woulda. It's so easy in the past tense." - Sarah Dessen Contrary to popular belief, all medical negligence claims do not start and end with a physician or even a licensed healthcare provider. You may be thinking – “what are you talking about? Only a physician or healthcare provi...

Know Your Medical Devices

May 2019  |  Jamie Wyatt, JD

The United States is the largest medical device market in the world, generating over $180 billion in annual revenue. [1] An area of growing concern for some in the healthcare community, but often unknown to patients, is the role of medical device sales representatives in patient care. Among these concerns are...

Don't Just Assume...Or You May End Up As a Defendant

April 2019  |  Kathleen W. Smith, JD

Bear with me, but I presume you are familiar with the colorful colloquial saying about what happens to us when we assume. (If not, just Google it. I will spare you the quote itself, in an effort to maintain some level of decorum.) Despite this “advice,” we make assumptions daily. We assume that ev...

Communication is in the Eye of the Beholder

March 2019  |  J. Baugh, JD, CPA

Over the years, SVMIC has emphasized the importance of effective communication as it relates to providing medical care. The physician should attempt to effectively communicate with patients as well as with other healthcare providers. Patients sometimes claim after the fact that they didn’t really unders...

Practice Makes Perfect

February 2019  |  Matthew Bauer, JD

Physicians often feel anxious and fearful when faced with a medical malpractice lawsuit, even when they have rendered appropriate medical care and committed no medical mistake. This anxiety and fear likely stems from physicians’ belief that they have little or no control over the outcome of their case. ...

Only a Phone Call Away

January 2019

Tommy Waddell,* a 55 year-old truck driver, finally sought care from neurosurgeon Andrew Lewis when his back pain became disabling. Waddell’s history included spinal stenosis, prior disc surgery, DVTs (for which he took warfarin), diabetes, obesity, and other health issues. Physical therapy provided lit...

Self-Inflicted Wounds

November 2018  |  Jeff Williams, JD

Lisa Owens was a sixty-year-old female.[1] By most standards, she had a good life. Mrs. Owens had a loving husband, adult-aged children and young grandchildren. Mrs. Owens and her husband were both at the twilight of their respective careers and were looking forward to retirement, which meant spending more ti...

Judge a Man by His Questions Rather Than by His Answers

October 2018  |  Jamie Wyatt, JD

Communication is one of the most important facets of human life and interaction. The ability to exchange information is a skill learned early on in our lives. Yet, despite our early introduction to communication and the vital role it continues to play in our lives as we mature, it is frequently underestimated...

Know Your Medical Record

September 2018  |  Tim Behan, JD

Know your medical record. It’s an obvious statement. It’s a simple statement. On the face of it, it shouldn’t even be a necessary topic of discussion because it is presumed that we in fact do know our records. But that presumption is rebutted each and every day by reality. The reality of a s...

Perception Can Be Everything

August 2018  |  Zynthia T. Howse, JD

“It takes a lifetime to build a good reputation, but you can lose it in a minute.” - Will Rogers In general, physicians are widely respected. They are perceived as “healers” with good intentions. Physicians are members of society with remarkable abilities to help others. Statisti...

Through the Retrospectroscope: When Connecting the Dots to Diagnosis Comes Too Late

July 2018  |  Kathleen W. Smith, JD

Most of the time, diagnosing a patient’s medical problem is a straightforward process. The patient’s symptoms are recognizable, and the solution becomes clear to the clinician after formulating a list of differential diagnoses. On rare occasions, a clinician will encounter a confounding constellat...

Who Can Go the Distance? We'll Find Out in the Long Run

June 2018  |  John T. Ryman, JD

On a hot summer day in 2002, 55-year-old Mr. Adams[1] was working on his farm. When dismounting from the back of his truck, Mr. Adams fell and injured his left leg. He presented to the local ER later that day with complaints of left knee and ankle pain. Mr. Adams had a history of bilateral knee replacements. ...

A Time-out that Did Not Save the Day

May 2018  |  Dan Himmelberg, JD

Jim Logan,[1] a 54-year-old attorney and outdoorsman, had seen various providers over several years with occasional complaints of pain in one or both knees. In 2011, he injured his left knee while fishing. An MRI showed degenerative changes. Mr. Logan was initially treated with NSAIDS and pain medication. Six...

Back to the Basics: The Importance of Good Communication and Documentation in a Complex Case

April 2018  |  Stephanie Walkley, JD, BSN

Tony Green[1], a 29-year-old construction worker, presented to the emergency department of a small, regional hospital complaining of lower and upper back pain over two days after lifting some flooring at a worksite. He described the pain as worsening with movement and radiating through to his chest. He was ab...

When Instincts are Ignored

March 2018  |  William "Mike" J. Johnson, JD

Our instincts of self-preservation and “common sense” protect us from many hazards.  This article illustrates what can happen when those instincts are absent or ignored. The plaintiff, a middle-aged diabetic female, presented to a family practice physician for the primary purpose of obtainin...

If You Order a Test, Follow Up On It

February 2018  |  Judy King Reneau, JD, BSN

Peggy Sue White* was a busy lady. At 73 years of age, she was described by her husband of 57 years as his “whole world.” They had seven children together, 19 grandchildren and 11 great-grandchildren. She took care of him due to his poor health, made his doctor appointments and attended the appoint...

The Long Road of Litigation

January 2018  |  Alisa Wamble, JD

This Tennessee case involved the alleged wrongful death of a 42-year-old male who presented to the ER in early 2008 complaining of lower abdominal pain, fever, nausea, diarrhea, anxiety and severe distress. The patient had a four- to five-year history of diverticulitis, which was managed by diet. Dr. Long[1] ...

An Illusion of Communication

November 2017  |  J. Baugh, JD, CPA

“The single biggest problem in communication is the illusion that it has taken place.” - George Bernard Shaw SVMIC has written articles and given seminars over the years about the importance of communication as it relates to providing medical care to patients.  This article focuses on a case...

The Rest of the Story

October 2017  |  Kenneth W. Rucker, JD

“The memories of men are too frail a thread to hang history from.” John Still Paul Smith[1], a 52-year-old male, presented to the emergency room in a small community-based hospital with complaints of chest pain, shortness of breath, and nausea. Mr. Smith was quickly triaged and shortly thereafter...

Importance of Effective Communication

September 2017  |  Jamie Wyatt, JD

 “A time comes when silence is betrayal.”  -  Martin Luther King, Jr., The Time to Break Silence, 1967 We are bombarded with reminders of the importance of effective communication skills in our daily lives, whether the setting is professional or personal.  The importance ...

Who's On First, and Who's On Second?

August 2017

Who is ultimately responsible for notifying the patient of important test results?  If the ordering physician fails to do so, does any responsibility flow to the next provider in line, for example, the physician’s nurse practitioner?  Does responsibility flow outward to other providers who wer...

"We Are Sorry to Have to Inform You"

July 2017

All seemed well at a busy pediatric practice until a routine audit conducted by the Vaccine for Children program (VFC). When the VFC auditor reviewed the temperature log for the practice’s vaccine storage unit, numerous temperatures were noted to be out of conformity with guidelines. Non-conforming temp...

The Patient Who Cried Wolf

June 2017  |  Tim Behan, JD

We are all familiar with Aesop’s fable wherein a lonely shepherd boy seeks attention by crying out wolf. This trick brings villagers rushing to his side to protect the flock of sheep from an attack. But there is no wolf the first few times the boy shouts out this false alarm. When a real wolf does appea...

Putting the Cart Before the Horse?

May 2017  |  Zynthia T. Howse, JD

In life, and certainly in documentation, there is a right and wrong way to do things. Order is everything. It is a well-known fact that a complete, accurate medical record will foster quality of care. Most importantly, it is the footprint that guides the course of the patient’s medical care and provide...

Discontinuity of Care: Two Physicians, One Practice and One Patient's Tragedy

April 2017  |  Kathleen W. Smith, JD

“Continuity of care.”  We often think about this concept involving physicians in different specialties or groups, such as the doctor who treats the patient after us or the doctor who referred the patient to us.  However, when stripped down, the concept of “continuity of care”...

Summary Judgment Saves the Day

March 2017  |  Tim Rector, JD, MBA

Mary is a 60-year-old female who brought suit against a cardiologist alleging he failed to timely diagnose and treat her retroperitoneal hemorrhage following a cardiac catheterization.  Unfortunately, for Mary, this alleged failure to diagnose and treat her resulted in a cascade of multiple medical/surgi...

Sometimes, Action Is Required

February 2017  |  John T. Ryman, JD

Mr. Smith was 72, with a long history of various medical issues including coronary artery disease, carotid artery stenosis, chronic obstructive pulmonary disease, and peripheral vascular disease, when he was referred to cardiovascular surgeon, Dr. Jones.  The referral to Dr. Jones was by Mr. Smith’...

Successful Defense of Surgical Judgment

January 2017  |  Dan Himmelberg, JD

Mr. Gamgee1 was a 70 year-old male who was a smoker and slightly overweight.  He had a history of back pain and of a skin cancer removed 20 years before.  His hypertension had been treated over many years with various medications but was not well controlled. He presented to the Emergency Depart...

Indefensible Medicine

November 2016  |  Stephanie Walkley, JD, BSN

Nathan Brown,[1] a 55 year-old man, fell from a 6 foot ladder outside his home while working on a home improvement project. Mr. Brown was able to get up and ambulate after the fall. The fall caused pain from his left shoulder blade down to his rib cage and coccyx. He took over-the-counter medication for pain....

Your Adversary in a Lawsuit: It's Not Always the Plaintiff

October 2016  |  William "Mike" J. Johnson, JD

Debbie[i], a woman in her fifties, presented to the emergency department on a Saturday with left chest pain, left arm numbness, shortness of breath, nausea and vomiting; she had been experiencing vomiting for two days.  The ED physician, Dr. Smith, noticed that she had slightly elevated blood pressure an...

Everything Is Not As It Seems

September 2016  |  Judy King Reneau, JD, BSN

It was a warm day on a long July 4th holiday weekend when 39-year-old William[i], his wife, Carrie, and their two sons decided to go hiking on the family’s property where they intended to build a new home.  The site was undeveloped and mostly flat except for a steep ravine on the rear side of the p...

Hoof Beats in Medicine

August 2016  |  Alisa Wamble, JD

Occasionally the sound of hoof beats should lead a medical provider to consider a zebra – instead of a horse – when evaluating a complex medical presentation. This obstetrical case involved a 24 year old female who was pregnant with her first child. Megan[1] had no previous medical problems and h...

Tracking Matters

July 2016  |  J. Baugh, JD, CPA

Henry Jackson[1], a 50-year-old male patient, presented to the ER at a hospital near his home where he was seen for cold symptoms and progressively worsening headaches that were not responding to medication.  The ER physician ordered a CT scan for Mr. Jackson.  The scan showed sinusitis in the ethmo...

No Good Deed Goes Unpunished...Or Not?

June 2016  |  Kenneth W. Rucker, JD

A physician, even if approaching a situation with the best of intentions, must be careful not to go outside the bounds of his/her training and expertise. Samantha Smith[1] had struggled with back pain and muscle spasms through her teenage years due to the development of extremely large breasts.  This le...

Nice Guys Don't Always Finish Last

May 2016

As her gurney clattered toward the delivery room, Heather Carr[1] was excited about the birth of her second baby despite the need for a C-section.   Her husband would be at her side during surgery, she was healthy, in a major hospital attended by her own obstetrician, and thus she had no fear. ...

Documentation

April 2016

The possibility of developing breast cancer is a haunting concern for most women. A perceived delay in diagnosis is one of the leading causes of malpractice litigation in the United States. Juries can be expected to sympathize with breast cancer victims, and these cases can be very challenging to defend. None...

Leave No Stone Unturned

March 2016  |  Tim Rector, JD, MBA

The wise old saying “leave no stone unturned” is said to mean that one should do everything possible to find something or to solve a problem.  Well, we will see in the following claim that is very wise advice.  This case involved a 45-year-old male who underwent routine treatment for a ...

Compartment Syndrome

February 2016

The crowd cheered, the football snapped, and helmets clashed as players piled onto the running back.  A more ominous snap was heard, and 16-year-old running back, Jason[1], did not get up from the field.  The teenager was admitted to orthopedics via the ED, where studies revealed a comminuted close...

Glass Houses

January 2016

The adage about “people who live in glass houses” still holds true. This claim involved an obese 45-year-old-male who presented to his general surgeon with a ventral hernia. History included multiple abdominal surgeries and known adhesive disease. The patient was admitted to the local hospital, a...

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