Medical Malpractice

GA lets malpractice extension stand

Anne Zieger — Tue, 15 Jul 2008 12:59:42 -0400

Georgia's Supreme Court has rejected an appeal that would have eliminated malpractice plaintiffs' ability to sue well after they were allegedly harmed. Under current Georgia law, malpractice plaintiffs usually have two years from the date of an alleged misdiagnosis to file a suit. However, about 20 years ago, the court created an exception to that rule that lets patients file a suit when they develop a new, more serious condition, which they allege stems from a past negligent diagnosis. Under these rules, they have two years from when the new injury first appears.

Though attorneys suggest that it can only be applied to a limited number of cases, this exception is galling to doctors, who sued to overturn it. The suit included a "friend of the court" brief from the Medical Association of Georgia. However, the court let the prior precedent stand. It affirmed a prior jury verdict awarding $800,000 to a patient whose terminal metastatic colon cancer was missed in 2000, but became symptomatic again in 2004.

To learn more about this decision:
- read this AMedNews.com article

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Saying 'I'm sorry' grows more popular in med mal cases

Tue, 20 May 2008 06:59:58 -0400

Historically, in medical malpractice situations, attorneys have advised doctors and hospitals to deny that any medical error has been made--or even express any form of regret that a patient is suffering. However, there's some evidence that this approach may be changing. A recent piece in the New York Times, for example, notes that a growing number of academic medical centers are experimenting with new approaches that stress quick disclosure of medical errors, honest apologies and fair compensation. By doing so, they hope to clear the air quickly, learn from their mistakes and avoid needless litigation. The approach seems to be working, as anecdotal evidence suggests that these hospitals are seeing legal savings and lower rates of lawsuits.

One institution that has tried this approach, the University of Michigan Health System, saw existing claims and lawsuits drop to 83 in August 2007 from 262 in August 2000. The hospital's legal defense costs and set-aside funds were down by two-thirds and time taken to dispose of cases has been cut in half, according to the medical center's chief risk officer. Another institution that has taken this track, the University of Illinois, has seen the number of malpractice claims filed cut in half in just over two years. Also, in 37 cases where the hospital admitted a preventable error and apologized, only one patient filed suit.

To learn more about this trend:
- read this piece from The New York Times

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Lawsuits, insurance costs stymie ob-gyns

Thu, 27 Mar 2008 07:59:57 -0400

Would you want your baby to be delivered by a complete stranger? According to an article in the Times-Picayune, that scenario is becoming a reality more quickly than you'd think. The threat of expensive lawsuits and skyrocketing medical malpractice premiums have forced several obstetricians and gynecologists to consider leaving the field altogether. The article states that malpractice premiums typically run around $200,000 a year--a number that can double, or even triple if a malpractice case is lost. Dr. David Herzog, an attending physician and teacher at the University of Richmond Medical Center, believes that this trend ultimately will "compromise the care." Herzog thinks that, should things continue on their current path, the birthing process will become "a sterile procedure instead of a beautiful experience."

According to the American College of Obstetricians and Gynecologists (ACOG), ob-gyn doctors average around three medical malpractice claims filed against them over the course of their careers.

For more information:
- read the Times-Picayune's article