Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis. Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr....

Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis. Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr....

We cannot count the number of times a doctor has called us and said: “If I only had a recording of my conversation with the patient, my case would have been dropped instantly.” During a medico-legal crisis, solid evidence can save a doctor from a disruptive, expensive, drag-out knock-down lawsuit. We spoke at length with Dr. Michael Nusbaum, co-founder of MedXCom. MedXCom provides doctors with a simple, reliable, HIPAA-compliant means of storing and retrieving conversations with their...

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges...

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges...

In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair. The lab result was ultimately deemed a false positive. The husband and wife...

Doctors sometimes receive this warning: "Prepare to be sued for copyright infringement." They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these...

In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair. The lab result was ultimately deemed a false positive. The husband and wife...

Doctors sometimes receive this warning: "Prepare to be sued for copyright infringement." They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these...

In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair. The lab result was ultimately deemed a false positive. The husband and wife...

A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are...

A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are...

Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving - but it wasn't easy. She went to court in 2011. A defense verdict was delivered - and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation:...

A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An...

Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving - but it wasn't easy. She went to court in 2011. A defense verdict was delivered - and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation:...

A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An...

No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations:...

A large sponge was left inside of a patient's abdomen following a procedure. The routine "lunch sponge count" never took place. The eroding sponge remained undetected for several years until a cascade of health issues put the patient back in the hospital. The patient's leg was soon amputated, and a $10.5 million settlement followed. How did this happen? Our podcast has the details.

No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations:...

The plaintiff underwent spine surgery to relieve chronic back pain. In the days following the procedure, the plaintiff's wound began leaking spinal fluid. Investigation revealed a stray shard of bone was the culprit. The twist: The plaintiff alleged the surgeon was distracted during the procedure, texting his colleagues and booking future cases while operating. But is there more to this story? Our podcast has the details.

A nine-year-old child was referred to a neurologist. The neurologist diagnosed the child with epilepsy and prescribed medication. When the child's condition failed to improve, the mother investigated. She eventually filed a lawsuit, alleging the doctor INTENTIONALLY MISDIAGNOSED her child (and many others) so that he could collect substantial kickbacks from his hospital. We have the details. Here's what doctors need to know. This episode of our podcast is sponsored by Errin Weisman and her...

Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly - his insights are invaluable. Here's what doctors need to know...

Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly - his insights are invaluable. Here's what doctors need to know...

  Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It’s the law. Most practices do so in a timely manner - but the penalty for dragging your feet was minor. That's changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here’s how YOU can avoid getting blasted...  

  Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It’s the law. Most practices do so in a timely manner - but the penalty for dragging your feet was minor. That's changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here’s how YOU can avoid getting blasted...