Archive
30. May 2007: Medical Malpractice - Who is Treating You?
Do you know who is treating you? Patients are often unaware that the professional treating them is not a physician. For example, a patient goes into a routine outpatient procedure under which they are sedated with anesthesia. The anesthesiologist M.D. greets the patient briefly and asks some history and may perform a short examination. This takes place after another professional, likely a C.R.N.A. certified nurse anesthetist and/or a nurse has taken a history from the patient. The M.D. doesn't do a real thorough job taking the history or performing an examination because he assumes this has been done by the nurse and/or C.R.N.A. He is present to sedate the patient and once sedated, leaves the operating room giving control and supervision over to the C.R.N.A. The patient has no idea that this is taking place and that they are not being cared for by the M.D. If something goes wrong during the surgery with the anesthesia, the C.R.N.A. is allowed to use discretion to take care of the patient and may give more anesthesia without asking permission of the M.D. They don't have as much education and are not allowed by law (at least in Michigan) to practice in this manner, prescribing medication without the supervision of the M.D.; but "supervision" is a loose term. What sometimes ...More29. May 2007: Medical Malpractice - Which Entities to Sue
All of them. Everyone who was involved should get a timely notice of intent to sue. The main purpose of this item is to inform the public about the way hospitals are set up, which is a topic of which I had no knowledge prior to practicing as a medical malpractice defense attorney. Prior to that time, I had no knowledge whatsoever that the emergency departments, radiology departments, anesthesia departments, and various other departments are NOT employed by the hospital. More specifically, the ER Dr. treating you when you walk in the emergency room is probably not an employee of the hospital, but rather is employed by ...More25. May 2007: Tenant's Breach of Lease
A tenant breached a lease by quitting the premises with more than six months left on her lease. She received an itemized list of damages to be deducted from the security deposit. In Michigan, if the tenant sends the landlord her forwarding address within 4 days of moving out, the landlord has 30 days to return the deposit or send an itemized list of damages against the deposit and the tenant has seven days to object. In this case, we got the tenant out of the lease without having to pay anything for that lost rent!It was easy but not due to my manipulation. On the merits, we were arguing ...More
19. May 2007: Social Security Disability Claim - Success after Multiple Denials
I defended a hospital in this medical malpractice claim. The claimant lost oxygen for about eight minutes during a routine outpatient procedure. His attorney claimed that he needed 24-hour nursing care for the rest of his life. He was in his 50s and expected to live another 30+ years, resulting in potential damages in the millions of dollars range. We focused the defense on minimizing the damages and my mission became to prove that he did not need 24-hour nursing care and that he could still do some work in the national economy. He had filed for Social Security Disability Insurance on the basis that he could no longer do his previous job. He did not have an attorney or other representative assist him in his initial application and reconsideration. His Social Security Disability records became the mainstay of the defense. Both he and his wife, and his sister, completed activities of daily living questionnaires for the Social Security Disability examiner reviewing his claim for Social Security Disability Insurance benefits. This was part of the initial application process and everyone indicated that he spent the majority of the day by himself and could care for himself by cooking and cleaning and bathing. He could even hook up a computer, assist in paying the bills, and drive. His Social Security Disability claim was ...More17. May 2007: Cross-Examination of the Lying Mother-in-Law
I defended physicians, nurses and hospitals in medical malpractice cases for a few years. Several times we discovered evidence that gave our clients the winning edge. The evidence did not come from the medical records but from other documents or statements submitted by the plaintiff or by the plaintiff's family members to other entities. This is a cautionary entry. I caution anyone who is suing or testifying to think back to any source which might have contrary information whether from the deponent or any other person.For example, in one case, a failure to diagnose a pulmonary embolism resulting in death, the deceased patient's mother-in-law took the stand. She took the stand and lied hoping that her son would receive a large damages award, which would trickle down to her. She was the key witness for the opposition, the plaintiff/patient's side. She testified at deposition and at the trial that her daughter-in-law told her that she was having shortness of breath on the way to the ER. This was critical to their case because their argument was that because she complained of shortness of breath (in addition to other symptoms), she should not have been discharged and should have had an additional work-up which would have revealed the pulmonary embolism and prevented her death the following day. The medical records evidenced that ...More