Articles Posted in Medical Malpractice

When a doctor is sanctioned for medical malpractice in New York there is a high probability that he will be able to continue to practice. There is also a good chance that his patients will never know about their doctor’s punishment. A recent NYPIRG report entitled “Questionable Doctors” shows that the New York State Department of Heath’s Office of Professional Medical Conduct (OPMC) is not doing enough to protect patients. The report also proposes recommendations for improvement.

The report found that:

• 77% of the doctors that have been sanctioned for medical malpractice in New York State can continue to practice
• it is highly unlikely that New York patients know if their physician has been sanctioned because the information is too hard to find
• close to 60% of New York State actions against doctors were based on sanctions taken by other states, the federal government, or the courts, and not as the result of an OPMC investigation
• over the past 10 years New York’s population grew by 2% while New York’s number of doctors grew by 36%
• The Health Department hasn’t updated its report on OPMC’s physician discipline activities since 2010

What are the most common medical malpractice claims filed against internists? Which ones have the most chance to be paid? Which ones are the most expensive? A study published yesterday in JAMA Internal Medicine and led by Sandeep S. Mangalmurti, MD, JD, from the Bassett Heart Care Institute in Cooperstown, NY uses data from the Physician Insurers Association of America to analyze 250,000 lawsuits against internists that have been closed between 1985 and 2009 to answer these questions and others.

Diagnostic errors represent 26% of all closed lawsuits against internists, 36% of all paid claims and 43% of the total amount paid for medical malpractice by internists. Among the 8,925 closed claims only 34% of them were paid. The study also highlights that most frequent diagnostic errors claims are error in diagnosing lung cancer, myocardial infarction, colon cancer and breast cancer.

The second most common type of claims filed against internists are medical malpractice claims not related to a medical error but to a breach of care such as a failure to obtain consent or failure of medical equipment or other. 95% of these claims are rejected therefore even though they account for 25% of all closed claims they only represent 5% of paid lawsuits and 5% of the total amount paid toward internists medical malpractice claims.

Engaging patients and their families can prevent medical errors and reduce harm to patients. In their latest report “Safety Is Personal: Partnering with Patients and Families for the Safest Care” the National Patient Safety Foundation’s Lucian Leape Institute is advocating for the inclusion of patients and families in clinical activities, health care design and delivery as well as policy development.

The report points out that the actual health system makes it difficult for patients and families to partner with care providers in order to improve patient safety. Lack of access to health records, intimidation or fear of retribution promoted by a generally paternalistic professional culture as well as a lack of easy to understand tools and checklists are among the many barriers that prevent a positive collaboration between the medical staff and the patient’s family.

The report calls for targeted education and training for health care clinicians and staff to give them skills to better engage patients in decisions and management of health problems and to redesign processes and systems to facilitate patient and family partnerships.

Ann Pfau is the Statewide Coordinating Judge of the New York Medical Malpractice Program and former chief administrative judge of the New York State Judiciary. In a recent article in the New York law Journal she looks at two interesting statute of limitations decisions recently handed down by the Appellate Division, First Department, both involving medical malpractice actions, one directly and one indirectly.

In Perez v. Fitzgerald, 2014 NY Slip Op. 00744 (1st Dept. Feb. 6, 2014), the court held that the statute of limitations period for chiropractic malpractice was three years, not the two and one-half years applicable to medical malpractice.

In Cabrera v. Collazo, 2014 NY Slip Op. 00611 (App. Div. 1st Dept. Feb. 4, 2014), the court put the bar on notice that, whatever the medical malpractice statute of limitations may be, an attorney may be liable for legal malpractice if attorney neglect causes the client to miss the statute of limitations­-even if the attorney’s death occurs before the statute runs.

Nurses at South Nassau Communities Hospital in Long Island , NY may have committed medical malpractice by using the same insulin pen on multiple patients. At this point there is no formal proof that it happened but the warning came after a nurse was heard saying that it was acceptable to use a multidose insulin pen on different patients. To use a multidose pen on different patients is medical malpractice that can have deadly consequences for patients. Even though the pen has disposable needles, it can only be used for one patient because the blood can seep into the insulin cartridge and contaminate the hormone.

After the nurse’s comment was overheard, the hospital contacted more than 4000 patients that had received an injection with a multidose pen to be screened for HIV as well as Hepatits B and Hepatits C.

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