tag:blogger.com,1999:blog-7323692122514281455.post5554496550200903247..comments2024-03-22T17:05:55.267-04:00Comments on MD Whistleblower: Medical Malpractice Strikes Again! A New ConfessionMichael Kirsch, M.D.http://www.blogger.com/profile/07555280388086931097noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-7323692122514281455.post-51857916087748714002010-09-16T00:24:13.281-04:002010-09-16T00:24:13.281-04:00One question raise in my mind is
Do I sue my own ...One question raise in my mind is <br />Do I sue my own Doctor directly for Medical Malpractice?medical malpracticehttp://www.injury-compensation.ie/medical-malpractice/noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-73361015109688528402010-04-01T19:59:40.205-04:002010-04-01T19:59:40.205-04:00I can now answer my own question from my above com...I can now answer my own question from my above comment. I received a letter today from my insurance company that getting me released from an entirely frivolous lawsuit cost $9,120.85. Keep in mind that I was cut loose before any discovery. There might be enough cash being burned up in the medical malpractice arena to cover millions of uninsured Americans.Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-26124308862186901542010-02-25T17:29:24.771-05:002010-02-25T17:29:24.771-05:00Here is the denouement of the case. Recall that t...Here is the denouement of the case. Recall that the case was filed against me without an affidavit of merit. The plaintiff was granted a 45 day extension to find any doctor in the state of Ohio who would swear that I committed malpractice. They couldn't fine one. The judge then granted another 45 day extension, which just elapsed. Ninety days and they couldn't find a physician to sign off that I had breached the standard of care. I am told that I will be dismissed. How much money, time and aggravation were spent so far on a case that should have never been filed against me in the first place?Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-9680029855916555692010-01-22T08:03:38.080-05:002010-01-22T08:03:38.080-05:00Case Update: The plaintiff was supposed to produce...Case Update: The plaintiff was supposed to produce an affidavit of merit against me by January 8th, weeks after the case was filed. In my humble opinion, I would think that an affidavit should be produced BEFORE a physician is sued, but I am only a mere colonoscopist. The plaintiff was just granted an extension by the judge, and now has an additional 45 days to troll for a signature attesting that I breached the standard of care. Does this seem fair to anyone?Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-69096650845648377562010-01-19T05:01:04.649-05:002010-01-19T05:01:04.649-05:00Medical Malpractice is the failure of medical prof...Medical Malpractice is the failure of medical professionals to provide adequate treatment to patients resulting in a personal injury or substantial loss of income. It is a primary part of our personal injury law practice. Lawyers have an obligation to make appropriate use of our legal system and not pursue meritless cases. We take this responsibility seriously. And to ensure that we do not bring frivolous lawsuits, each case goes through a rigorous review process. Each case of suspected <a href="http://www.accidentsdirect.com/" rel="nofollow"><b>medical negligence</b></a> is thoroughly evaluated by one or more highly qualified medical experts who then certify by affidavit that there is a valid basis for filing suit against a physician or hospital. Visit <a href="http://www.accidentsdirect.com/" rel="nofollow"><b>Medical negligence</b></a> for more information.Jonathan Paulhttps://www.blogger.com/profile/08112150314696361980noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-789788385769061352010-01-14T19:46:45.185-05:002010-01-14T19:46:45.185-05:00This is all interesting from a physician's sta...This is all interesting from a physician's standpoint. As a patient who underwent surgery, and discovered the physician deviated from FDA guidelines when the device was stated to be unsafe...furthermore, to be told by more than one surgeon that the device was not put in properly when I couldn't get an explanation from the original surgeon as to why I've been in excrutiating pain and had to seek help elsewhere...when my entire quality of life was ruined because I was used as an experiment and I can't do simple things with my children, am under permanent pain management for life, and have nothing to look forward to except daily chronic pain...God BLESS the physician who does the right thing by me and gives an attorney approval for medical malpractice. God bless that attorney for assisting me because I have to pay for another surgery, have been forking out the dough for <br />medications, and have undergone plenty of tests to figure out what happened because I was lied to by the surgeon. Did I leave out how this has turned me into an angry person who is completely depressed because the one shot I had to make things right turned into a complete nightmare? I'm sure this is not the type of post you want up here, but I'm living in a burning hell as a prisoner in my body every day of my life since the surgery, and it might have been a lot easier on me had the surgeon told me what went wrong instead of me having to endure this pain and trying to figure out what happened.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-77752736081696338422010-01-08T08:56:29.293-05:002010-01-08T08:56:29.293-05:00Personally, I believe that the health care system ...Personally, I believe that the health care system is much more just than the medical liability system. I agree that individual rights should be protected. I agree that every patient who has been the victim of medical negligence has a right to sue and prevail. Our current system fails in this mission. It misses most cases of true negligence and ensnares far too many innocent physicians into the legal web. The innocent have rights too, especially when they are captured by the system routinely and by design.Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-51739577292155363822010-01-07T23:50:02.972-05:002010-01-07T23:50:02.972-05:00Medicine is not perfect and neither is the justice...Medicine is not perfect and neither is the justice system but yet we are more focused on restricting peoples right when we should be more focused on preventing mistakes and getting bad docs out of the business. It is easier to go after lawyers, people who are the only individuals that will fight for patients. <br /><br />Will you support the Medical Device Safety Act of 2009?<br />stopcorporateimunnity.orgAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-43624507715656330562009-12-29T13:40:04.422-05:002009-12-29T13:40:04.422-05:00For your interest, from this week's New York T...For your interest, from this week's New York Times. http://bit.ly/7IIbftMichael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-38825546329446684032009-12-13T11:19:18.068-05:002009-12-13T11:19:18.068-05:00@WhiteCoat: Apologies for delayed response. Yes, t...@WhiteCoat: Apologies for delayed response. Yes, the rash didn't happen until the following day. What the doctor was presented with:<br /><br />"Dylan was lethargic and had a fever. He wasn't eating. He couldn't breathe.<br /><br />"The doctors in the emergency room sent him home after about 45 minutes. "They <br />never even undressed him," she said."<br /><br />But that's not the real point of the piece. If you read the entire article carefully, you will discover that it talks about how capping awards ("tort reform") makes it almost impossible to bring malpractice lawsuits---which, of course, is the actual goal. Not, note, to minimize malpractice, just to minimize the penalties for malpractice. I have a problem with that.<br /><br />And to a layman's eye, it doesn't look as though the child, experiencing difficulty in breathing, with a fever, got a thorough exam. And apparently, after hearing ALL the evidence and the best defense that could be mounted on behalf of the hospital and doctor, the jury agreed. They were found guilty. The decision, based on evidence, was that malpractice had occurred. I don't think you can gainsay the verdict based on all the evidence by an offhand reference to a sentence in a newspaper story.LeisureGuyhttps://www.blogger.com/profile/05962143066390145440noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-65620768459168263782009-12-12T13:48:15.837-05:002009-12-12T13:48:15.837-05:00To Justinian, with regard to your inquiry, "D...To Justinian, with regard to your inquiry, "Do you, as a doctor, have any suggestions on how to help those people who are true victims of negligence?" Going beyond your question, should all patients who suffer adverse reactions be compensated, even if no negligence has occurred? For example, if 2 patients suffer perforations of their colons from a colonoscopy, but only 1 of these episodes was a negligent event, would only 1 patient be compensated?Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-85806623232665874642009-12-11T20:13:01.725-05:002009-12-11T20:13:01.725-05:00Michael, you are so right about documentation. It&...Michael, you are so right about documentation. It's too bad that patients are not more aware that they need to take the same approach. But what doctor isn't miffed to receive a fax from his/her patient, recapping what was discussed during an appointment? Then again, what other options do patients have to make sure they aren't being blown off?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-29511032485932508872009-12-11T11:48:51.800-05:002009-12-11T11:48:51.800-05:00I have no desire to handle any medmal cases once I...I have no desire to handle any medmal cases once I graduate law school. I spent a couple years in a firm that did handle them, and they just aren't something I'm interested in. That said, let me share with you the traits every plaintiff we worked with had in common:<br /><br />1: Something unexpected happened to them while they were receiving medical care.<br /><br />2: They felt that the medical provider was hiding something.<br /><br />3: They wanted to make sure it wouldn't happen to someone else.<br /><br />4: They didn't want money. They wanted the medical provider's money as a form of punishment to that provider.<br /><br />I heard the same comments over and over. Every plaintiff was angry at how a medical provider (usually a doctor) treated them. And by treated, I mean interacted with. People hate being talked down to, and hate the person talking down to them even more. <br /><br />All of the above reasons contribute to why some innocent physicians are targeted. The "sorry works" program helps alleviate some of those problems.<br /><br />Do you, as a doctor, have any suggestions on how to help those people who are true victims of negligence?Justinian Lanehttp://www.justinian.usnoreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-4848950964021785752009-12-07T10:41:24.581-05:002009-12-07T10:41:24.581-05:00Thanks Gerry. I've had quite a bit of lawyerl...Thanks Gerry. I've had quite a bit of lawyerly feedback on my tort reform views, but yours is the only comment suitable for framing.Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-38749898119910368252009-12-07T09:46:08.163-05:002009-12-07T09:46:08.163-05:00Michael- I am a medical malpractice trial lawyer i...Michael- I am a medical malpractice trial lawyer in New York and I like the way you write. Your post was engaging, interesting and provocative.<br /><br />It always disturbs me when a plaintiff's attorney cannot clearly explain why he has sued someone. In New York, we also have a requirement that any potential case must be reviewed by an expert physician before we file suit. The difference in New York is that there is no signing requirement by the physician. Rather, the attorney must affirm that he has consulted with an experienced physician who confirms liability, causation and damages.<br /><br />Good luck in your case.<br /><br />Gerry Oginski, Esq.<br />http://www.oginski-law.com<br />http://nymedicalmalpracticevideoblog.comGerry Oginskihttp://www.oginski-law.comnoreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-79396774189601605082009-12-07T00:03:06.113-05:002009-12-07T00:03:06.113-05:00Thanks Ariella for that link. It was a great read!...Thanks Ariella for that link. It was a great read! Interesting Quotes:<br />"If you do a catheterization into the three branches of the cerebral artery, is that one procedure or three? Lyman Sornberger, executive director of patient financial services, keeps asking the insurance companies for their rules so he can submit a "clean claim," but without much success. One reason, he suspects, is that it would "upset their assumptions." That is a polite way of saying that insurers count on rejecting a proportion of claims the first time they are submitted, delaying as long as possible the disbursement of actual cash."<br /><br />"The same study estimated that another $210 billion is wasted each year on medical paperwork. That, though, is one potential savings that has mostly eluded Cosgrove. At the clinic's patients' accounts office, rows of cubicles are piled high with file folders and printouts, testimony to its dealings with thousands of different health plans from hundreds of insurance companies all over the country. Thousands of times a day, clerks pick up the phone and get put on hold like anyone else who calls an insurance company. Industry estimates put the average cost of handling a phone call at $3, to each party. This is the hidden cost of competition; whatever else a government-run health-insurance system would accomplish, it would impose a uniform billing system on the current one, in which clinic's 2,000 doctors require 1,400 clerks to handle their billing."<br /><br />>Single Payer sounds good to me from a financial stand point at least.Anarhttps://www.blogger.com/profile/03846519340080245125noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-54403884970643540212009-12-06T23:26:15.474-05:002009-12-06T23:26:15.474-05:00To White Coat, the way my year has been going, I m...To White Coat, the way my year has been going, I may take up your suggestion as a 'side business' this year!Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-89630959349961863832009-12-06T23:25:25.854-05:002009-12-06T23:25:25.854-05:00Ariella, appreciate the Newsweek link. The Clevela...Ariella, appreciate the Newsweek link. The Cleveland Clinic, where physicians are all on salary,has impressive efficiency and technology. They treat incredibly complex conditions routinely. The article admits that their leadership wants to run the Clinic like a business, which is usually not a comfortable environment for physicians to work in. I have also observed that institutions like the Clinic perform a much higher volume of medical care per patient than many of us do in private community medicine. Excessive care and specialty consultations can have deleterious effects on patients.Michael Kirsch, M.D.https://www.blogger.com/profile/07555280388086931097noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-59243128592410548862009-12-06T22:55:32.000-05:002009-12-06T22:55:32.000-05:00LeisureGuy -
It is interesting that the telltale ...LeisureGuy - <br />It is interesting that the telltale "purplish rash" didn't start until the day *after* the mom brought the patient to the emergency department.<br />Are you saying doctors should be charged with murder for failing to perform lumbar punctures, perform extensive lab testing, give IV fluid and give IV antibiotics to every febrile infant whom the parents state is "lethargic" and not eating? If so, perhaps you could find one ... just one ... medical source to substantiate your assertion. <br />$350,000 is low for "killing" someone, but usually it is a good idea to first establish that something was done wrong.<br /><br />Dr. Kirsch, you should seriously consider filing a complaint with the state and filing a counterclaim against the attorney who named you in the lawsuit without a good faith basis.WhiteCoathttp://www.epmonthly.com/whitecoatnoreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-90732194848048289602009-12-06T17:54:30.003-05:002009-12-06T17:54:30.003-05:00On an unrelated note, wondered what you thought ab...On an unrelated note, wondered what you thought about this:<br />http://www.newsweek.com/id/224585Ariellahttps://www.blogger.com/profile/03103948071771128614noreply@blogger.comtag:blogger.com,1999:blog-7323692122514281455.post-20918268281282417612009-12-06T16:41:57.723-05:002009-12-06T16:41:57.723-05:00How about this story? It strikes me that $350,000 ...How about <a href="http://www.stltoday.com/stltoday/emaf.nsf/Popup?ReadForm&db=stltoday%5Cnews%5Cstories.nsf&docid=DC55BA025804D2EC8625768300167802" rel="nofollow">this story</a>? It strikes me that $350,000 for killing an infant is rather low.LeisureGuyhttps://www.blogger.com/profile/05962143066390145440noreply@blogger.com