Malpractice

Error At What Cost?
Damages sought in abortion mistake

There's no dispute that an Akron-area doctor's (botched abortion) of a viable fetus. Even before his civil trial began, the physician conceded he was negligent in not detecting a heartbeat. The only question remaining for jurors is what this "error" is worth to Christine and Michael Sicker, a Canton-area couple whose lawsuit against the doctor is being heard this week in Summit County Common Pleas Court. The Sickers claim -- and obstetrician Dr. Barry Fish admits -- that Sicker was mistakenly diagnosed with a blighted ovum and that the doctor performed an abortion.

Death in Prison Now Linked to Unsafe Cold
Remedy Given by Jail Doctors, Say Lawyers

PHILADELPHIA -- The federal civil rights lawsuit brought by the family of Virginia Brejcak against Bucks County and its past and present officials has been amended to include allegations that the 42-year-old Fairless Hills woman was prescribed and given a controversial drug that was the subject of a highly-publicized FDA Public Health Advisory more than one year before prison doctors prescribed it for Brejcak, according to the amended action filed today in the United States District Court in Philadelphia.

New Fees Aid Court, Hike Cost of Justice

In a little-noticed revenue-generating move widely reviled by lawyers, Massachusetts began last week to bill civil plaintiffs for anniversary fees, ranging from $90 to $120, to keep their cases alive in a system that regularly takes three or more years to settle lawsuits. Plaintiffs who can't afford the new charge could have their cases dismissed. The new fee, many lawyers said, effectively penalizes plaintiffs who, often through no fault of their own, find themselves waiting years for the final resolution of cases in which they have already reached settlements or been awarded damages.

Rates Upset Doctors, Lawyers

TALLAHASSEE - The Legislature's attempt to rein in the cost of medical malpractice insurance will mean an 8 percent reduction in what insurance companies planned to charge, state insurance regulators said Monday. Still, most doctors should expect to pay higher premiums even with the reduction, the regulators said. Two of the biggests players in the debate, doctors and lawyers, expressed disappointment at Monday's announcement. But insurance companies said no one should be surprised.

Ehrlich Seeks Vote on Malpractice Caps

Gov. Robert L. Ehrlich Jr. plans to sponsor legislation next year to rein in the rising cost of medical malpractice insurance, which he said today is contributing to a health care crisis in Maryland. The legislation, which has not been drafted, could include some limits on lawyers fees and restrictions on the way economic damages are computed in malpractice cases.

IBM Says Testimony, Medical Files Differ

As the IBM toxics trial entered its second week, the company's attorney tried to highlight inconsistencies in the testimony of former worker Alida Hernandez, citing discrepancies between its medical records and her own memory of working for Big Blue.

Scrushy Prosecutor: 'Fraud Does Not Pay'

Alice Martin, the U.S. attorney who is in charge of prosecuting HealthSouth's Richard Scrushy, has secured guilty pleas from 14 of his former subordinates. U.S. Attorney Alice Martin, who oversaw the indictment last week of HealthSouth Corp.'s fired chief executive Richard Scrushy, has secured more guilty pleas in her investigation of the company than any U.S. attorney probing an accounting fraud since the collapse of Enron Corp.

Medical Malpractice Law Delayed

A bipartisan legislative task force is not going to have its recommendations for dealing with the cost and availability of medical malpractice insurance ready for the start of the 2004 session. Instead, the task force will submit its proposals later in the session, which will run from early February through early May, said Deputy House Speaker Mary G. Fritz, D-Wallingford, co-chair of the working group.

Misdiagnosing Bipolar Kids

Dr. Dimitri Papolos, author of "The Bipolar Child", says this kind of misdiagnosis is a growing problem, because the medications for ADHD can be a prescription for disaster if a child is actually bipolar.

Insurers Agree To Medical Bill Settlements

Settlement funds have climbed to $6.2 million to help pay $19 million in unpaid medical bills from the defunct Indiana Construction Industry Trust. In a round of settlement papers filed in Marion Circuit Court last week, state insurance Commissioner Sally McCarty submitted agreements with insurance firms and others that will ante up $1.6 million, although none of the defendants who've settled have admitted in court documents to wrongdoing.

State Says Insurers Should Lower Rates
for Malpractice Insurance By Nearly 8%

TALLAHASSEE -- Medical malpractice insurers must file for rates nearly 8 percent lower than they otherwise would have because of Florida's new law limiting monetary damages victims can receive, state officials said Monday. Several insurance companies have said already that the figure won't lower rates, but make them lower than they would have been had the sweeping malpractice law not been passed this summer.

Florida Law to Rein in Medical Malpractice Premiums

Tallahassee -- Doctors will get a hint this week of how much relief they can expect from a new law aimed at slowing down their skyrocketing malpractice premiums. The new law should lower what insurance companies have to pay out in malpractice lawsuit damages. It required state regulators to come up with a formula for how much the law's provisions should help control rates.

No Cure For Rise In Malpractice Insurance Rates,
Legislators won't tackle problem

Medical malpractice insurance reform in Connecticut will have to wait until next year, at least. No special session will be held to enact tort reform, legislators studying the problem said. Meanwhile, two more insurance carriers have stopped offering medical malpractice policies in Connecticut.

Lawyer: Fatal Lack of Care

At the start of a medical malpractice trial in Mineola Monday, the attorney for the family of Alyssa Agoado, a 5-year-old Lynbrook girl who died in 1999 after contracting the flu, said the girl would have lived had her pediatrician and doctors at Winthrop-University Hospital provided adequate care -- an allegation the defendants denied.

Doctor Under Fire

Several former patients of a Hurricane osteopathic physician, who left the state last summer, say he bungled their orthopedic surgeries, causing pain and disability. And many of Dr. John Anderson King's ex-patients now say they can't find other doctors who are willing to take over the care fouled by King. They blame King and Putnam General Hospital, where he was granted privileges to operate in November 2002.

Two UW Hospital Doctors Found
Guilty of Medical Malpractice

A Dane County jury found two University of Wisconsin hospital doctors guilty of negligence Wednesday morning in a civil lawsuit alleging medical malpractice. After deliberating all night from 8:30 p.m. until nearly 5 a.m., the jury awarded $680,000 in damages to plaintiff Karen Suchomel. Suchomel charged the doctors with negligence for a medical accident during surgery on her spine four years ago meant to alleviate chronic back pain.

Jury Awards $10 Million in Medical Malpractice Case

BRIDGEPORT, Conn. -- A jury awarded $10 million Friday to the family of a man who died of a heart attack, attorneys said. The jury in Superior Court made the award to the estate and widow of Gary Carlson, 49, of Stamford, a truck driver who died in 1994. The case was against Stamford Medical Group and Dr. Robert Goldsmith.

Morgan & Weisbrod: Dallas Jury Awards
$31.1 Million to Family After Man Paralyzed

DALLAS -- A Dallas County jury, in a unanimous decision, found Baylor University Medical Center, an emergency room doctor and a radiologist guilty of medical malpractice. The jury awarded Sanger, Texas residents John Edward Millichamp, III, and his children $23,429,263 for his pain, suffering, and losses, making it one of the largest such verdicts ever recorded against Baylor. In addition, the jury awarded $7,750,000 in punitive damages against Baylor. The verdict assigned 65% of guilt to defendant Baylor University Medical Center; 27% of guilt to Anthony C. Toppins, M.D.; and 8% of guilt to defendant David J. Mendelson, M.D.

Defendants Fare Better on Appeal, Study Finds

AUSTIN -- Defendants are more than twice as likely to win reversals of adverse judgments than are plaintiffs who take their cases to the state's 14 intermediate courts of appeals, a study by two Houston lawyers found. The study, recently published in the South Texas Law Review, is causing a stir in legal circles. The authors are two Haynes and Boone appellate specialists, former State Bar President Lynne Liberato and Kent Rutter.

UW Hospital Sued for Malpractice

Jurors debated late into the night Wednesday about whether to penalize University of Wisconsin hospital doctors for alleged malpractice and negligence in a surgical procedure on the spine four years ago. A 49-year-old woman has sued four doctors for medical malpractice regarding a surgical accident she said would never have occurred had they informed her of all potential risks beforehand. Attorneys made their closing statements Wednesday evening, and the jury had not reached a verdict at the time of this newspaper publication.

Salter Sued for Negligence

A medical malpractice tribunal held at the Middlesex Superior Court on Oct. 14 determined that there was sufficient evidence to proceed with a judicial inquiry against the Winchester Nursing Center, its owner Richard Salter, of Salter Healthcare, and two nurses employed by the facility in the death of one of the facility's residents. At question is whether the defendants can be held liable for negligent care in the death of Florence Christopher, 91, who reportedly choked while eating a muffin at the facility in 1999 and subsequently remained in a coma until her death in 2002.

Examining Your Doctor

If you've ever tried to find a new doctor, you know it can be hard to get information on who is good. Some say the lack of information increases the risk of medical malpractice. One year ago, Stan Bridger was diagnosed with cancer. "They gave me 3 to 6 months to live and I'm on my fourth month now," said Bridger, a cancer patient. He says for more than a year his doctor told him a small growth on his foot was nothing, even though it doubled in size. It turned out to be cancer that has now spread throughout Bridger's body. Part of his leg has been removed and he's preparing to die. His new doctor told him this didn't have to happen if the first doctor had simply removed the growth. "I trusted this guy so much it's unbelievable. I sent other people to him."

New Plan to Offset Med-Mal Cost

If the Rendell administration has its way, cigarette smokers and Uncle Sam will foot the bill to provide some financial relief for doctors' soaring medical malpractice insurance bills. The governor's Office of Health Care Reform is quietly working on a proposal to raise about $230 million by increasing cigarette taxes at least 10 cents and obtaining about $100 million in matching funds from Medicaid - in addition to previously passed legislation that provides $40 million per year from a state fund paid by speeding-ticket fines, according to sources familiar with the proposal.

American Physicians plunges; Charge Cited

NEW YORK - American Physicians Capital Inc.'s shares tumbled Thursday on news the medical insurance company would post a third-quarter loss on an unexpected charge for policy losses. The stock closed at $17.41, down $10.34, or 37 percent, on heavy volume on the Nasdaq Stock Market. The East Lansing, Mich.-based company said it had to add $43 million to its reserves to cover claims. It also said it will discontinue offering workers compensation and health care insurance, which account for about 30 percent of its premiums.

High Court to Tackle Suits Against HMOs

WASHINGTON - The Supreme Court said Monday it will use the case of a Texas woman whose health maintenance organization gave her only one day in the hospital to recover from a hysterectomy to clarify when patients can sue health insurers for denying treatment that a doctor recommends. Ruby Calad's case goes to the heart of many patients' frustration with managed care health plans, which save money by limiting coverage and treatment options.

Malpractice Reform Stalls in North Carolina

To cap or not to cap? That is the fundamental question lawmakers are debating when it comes to medical malpractice awards. But while a cap might sound good politically and look good on paper, it is an unproven concept. A report by insurance rating service Weiss Ratings said that only two of the 19 states with caps in place had seen flat or declining malpractice premiums from 1991 to 2002. For this reason, cap opponents have said that payout limitations only penalize malpractice victims rather than effectively curbing the medical insurance market.

Jury Awards $22 Million to Englewood Woman

A Manatee County jury awarded $22 million to a 31-year-old Englewood woman in a medical malpractice suit. Kyrra Casey, a Presidential Scholar and former Bradenton Herald newspaper staff reporter, is suffering brain damage and now functions at a 10-year-old level due to improper medical treatment and nursing care. Casey's Venice attorney, Geoffrey D. Morris, said her chances for improvement are bleak.

Jax Firm to Offer Policy
for Malpractice Legal Expense

A Jacksonville legal expense insurance company recently received approval from the state to offer a legal expense policy covering cases of medical malpractice. Florida Health Professionals Legal Expense Insurance Inc.'s policy provides payment of up to $100,000 for legal fees for representation of medical professionals in malpractice cases, according to a statement released last week. It's designed for health care professionals who have elected not to carry medical malpractice coverage (to "go bare") or who are considering dropping coverage altogether.

HealthSouth Prosecutor Martin
Adds Scrushy to Indictment List

U.S. Attorney Alice Martin, who oversaw the indictment yesterday of HealthSouth Corp.'s fired chief executive Richard Scrushy, has secured more guilty pleas in her investigation of the company than any U.S. attorney probing an accounting fraud since the collapse of Enron Corp. Martin, 48, got 14 convictions since March in a $2.7 billion fraud and alleged yesterday that Scrushy ran a scheme to inflate company stock. Her work reflects the approach of the Justice Department's Corporate Fraud Task Force, which Attorney General John Ashcroft set up last year to probe financial crimes at Enron, WorldCom Inc. and other companies.

Hospitals Report Increase in Errors

Mistakes reported by Massachusetts hospitals soared by 32 percent during the past three years, according to a sweeping review of medical errors released yesterday by the state Department of Public Health. In the latest period measured by state researchers, stretching from July 1, 2002, through June 30, hospitals reported 757 errors that resulted in injury to patients, including 65 deaths. That compares with 574 mistakes in 2000.

Salem Family Wins Malpractice Judgment

A New London Superior Court jury on Thursday awarded a Salem family $750,000 in a medical malpractice lawsuit against a Middletown doctor for permanently injuring their child during delivery. Andrew and Dina Subiono sued on behalf of their 3-year-old son Jared, saying Dr. Robert Yordan was negligent. The boy was delivered at Middlesex Memorial Hospital.

Doctors Urged to Back Reforms

COLUMBUS - U.S. Senate Majority Leader Bill Frist (R., Tenn.) urged Ohio doctors to put their money and their professional clout behind controversial federal proposals to reform medical malpractice litigation and Medicare. The heart and lung transplant surgeon, the only medical doctor in the Senate, visited Ohio a day after President Bush renewed his call for both proposals during a visit to the state.

Consumer Group Says N.C. Lags In Doctor Discipline

RALEIGH, N.C. -- A consumers group says North Carolina is one of the worst states in the nation in disciplining doctors accused of offenses that could endanger patients. The accusations behind the rankings include providing substandard care, abusing drugs or alcohol and making sexual advances, among other offenses.

Regulations for Medical Malpractice Law in Limbo

Local physicians are still waiting for relief from a medical malpractice law signed by Gov. Calderon last December because the Insurance Commissioner’s Office hasn’t released the regulations for the law’s implementation, according to an insurance executive. Luis Rodriguez, president of insurance brokerage Vidal & Rodriguez, complained that the Insurance Commissioner’s Office has had ample time to come up with the regulations. Furthermore, the law was signed to go into effect immediately.

US Prosecutors Widen Probe of Tenet Healthcare

NEW YORK -- Federal prosecutors have expanded their probe of Tenet Healthcare Corp., seeking information related to coronary procedures and billing practices at three Los Angeles-area hospitals over the past six years, the company said at the weekend. The embattled company, which last July received subpoenas about physician relocation agreements at seven Southern California hospitals, said the new request centres on certain cardiac physicians at the Centinela Hospital Medical Center, Daniel Freeman Memorial Hospital and USC University Hospital. The three hospitals are owned by Tenet subsidiaries.

Accused Doctor's Medical License Suspended

CHICAGO — A Chicago pediatrician who was arrested after thousands of images of child pornography were found on his computers has been suspended from practicing medicine, state officials announced Thursday. Dr. H. Marc Watzman, 37, has been in federal custody at the Metropolitan Correctional Center in Chicago since his arrest Saturday. He is charged with possession of child pornography.

Referral Fees Are Shocking to Some

State Rep. Jaime Capelo's explanation for a $100,000 check from lawyer Rene Rodriguez has focused attention on an income source for lawyers that non-lawyers have found surprising - the fees that lawyers receive for referring a case to another lawyer. Capelo has been accused of taking a $100,000 kickback from Rodriguez in exchange for settling a case in which they represented opposite sides. Both he and Rodriguez have said the $100,000 instead was a referral fee for a medical malpractice case.

Docs to Take Their Case to the Voters

POTTSTOWN -- Area doctors are taking an active role in the political process, handing out campaign literature and urging the public to support medicine-friendly candidates in Tuesday’s general election. "We’ve learned as physicians, unfortunately a little late, that politics is an important part of what we do," Pottstown surgeon Dr. Scot Parris said. "Until now, we haven’t really paid attention to what’s going on in Harrisburg and we and our patients are paying a price."