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PubMed1984

The expert witness in medical malpractice litigation.

The experience of serving as an expert witness can add considerably to a physician's knowledge of medicine and the forces that affect the profession. Each case compels the physician to examine carefully all the clinical data. The physician must assess the quality of care given and render an opinion that is consistent with the facts and pertinent literature. He must defend his position under close questioning by an informed attorney aided by expert witnesses on the opposing side. This rigorous exercise requires considerable skill and experience. It has many of the characteristics of a well-conducted clinicopathological conference, with the added drama of the interplay of personalities. Despite the stimulating atmosphere, it is critical to maintain objectivity by asking yourself repeatedly, "What would I have done if placed in the same circumstance as the accused physician?" If you accept the responsibility of serving as an expert witness, it should be one of the best consultations you have ever given.

Attitude of Health Personnel↗
PubMed1994

Characteristics of potential plaintiffs in malpractice litigation.

OBJECTIVE: To characterize patients calling plaintiff attorneys' offices and claiming to have suffered injury caused by medical negligence. DESIGN: Telephone interviews with an inception cohort of callers to law firms with malpractice complaints before the callers talk to attorneys. SETTING: Six law offices in five states. PARTICIPANTS: 502 of 730 callers over 10 randomly selected days in 1991. MEASUREMENTS: Demographics of potential plaintiffs, types of health care providers named by callers, factors prompting calls, economic and noneconomic motivations for claims, and disposition of claims. RESULTS: An average of 12 calls per office per day were received by law firms concerning malpractice complaints. Many factors affected patients' decisions to call: poor relationships with providers before an injury (53%); television advertising by law firms (73%); explicit recommendations by health care providers to seek legal counsel (27%); impressions of not being kept informed or appropriately referred by providers; and financial concerns (for example, 36% with earned income and outstanding medical bills had bills equaling or exceeding 50% of their annual income, 33% were unemployed, and 31% lacked health insurance). One in 30 calls led to the filing of a lawsuit. CONCLUSIONS: Calls to plaintiff law firms by patients are common, are motivated by diverse factors, represent dissatisfaction with modern health care, and infrequently lead to lawsuits.

Demography↗
PubMed1995

Podiatric malpractice litigation. What to do and what to expect.

Many podiatric physicians will never be sued during their careers, but if a suit happens, it can be one of the most stressful times in their lives. After contacting the insurance carrier, the podiatric physician must then wait as the case develops through the legal system. The deposition is when the podiatric physician will be asked questions about the case. It is important to remember to carefully answer the questions asked. Once in the trial stage, the appearance and testimony of the podiatric physician will be important in the jury's eyes. If a decision is not in your favor, you may be able to appeal the case to a higher court. Some cases may not go to trial as they could be settled or arbitrated along the way. By listening to your attorney and following the attorney's advice and recommendations, the legal process will be easier to manage and understand.

Documentation↗