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Medicolegal Mind

  • Physician on Trial: What to Expect

    Part 1 of 2 In my last column, we discussed case settlement offers and the complex calculations...
  • A Lack of Communication Let a Cancer Grow, Which Led to a Lawsuit

    This medical malpractice case covers a theme commonly seen in lawsuits against emergency physicians. It highlights the...
  • Sometimes It’s Better To Settle a Lawsuit Than Go All in With a Trial

    Consider Dr. V, an emergency physician who is sued after the death of a young patient. Dr....

Physician on Trial: What to Expect

April 23, 2021 - Gita Pensa, MD - 1 Comment

Part 1 of 2 In my last column, we discussed case settlement offers and the complex calculations…

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A Lack of Communication Let a Cancer Grow, Which Led to a Lawsuit

March 23, 2021 - Eric Funk, MD - 0 Comment

This medical malpractice case covers a theme commonly seen in lawsuits against emergency physicians. It highlights the…

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Sometimes It’s Better To Settle a Lawsuit Than Go All in With a Trial

January 22, 2021 - Gita Pensa, MD - 4 Comments

Consider Dr. V, an emergency physician who is sued after the death of a young patient. Dr….

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What Is—and Isn’t—Guaranteed Under EMTALA Can Be Complex

December 15, 2020 - Eric Funk, MD - 0 Comment

This medical malpractice case is high yield for every emergency physician as it covers a subtle but…

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Malpractice Litigation in the Era of COVID-19

October 23, 2020 - Gita Pensa, MD - 1 Comment

Physicians are used to seeing billboards and daytime television advertisements for plaintiff’s attorney firms. Our reactions to…

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A Patient Transfer Leads to a Lawsuit

September 25, 2020 - Eric Funk, MD - 0 Comment

A difficult airway is every emergency physician’s worst nightmare. The decision to intubate a patient needs to…

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What’s to Be Done About Unethical Expert Witnesses?

July 21, 2020 - Gita Pensa, MD - 1 Comment

Note: Part 2 of a 2-part series. “There are a lot of physicians out there that don’t…

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Elderly Patient Dies after Emergency Dept. Bounceback, Lawsuit Results

June 16, 2020 - Eric Funk, MD - 1 Comment

Patients who have been discharged from the emergency department and rapidly return for another complaint present a…

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Who’s to Blame for Unfair Litigation?

April 14, 2020 - Gita Pensa, MD - 0 Comment

Note: Part 1 of this two-part column discusses the ethics of expert testimony and standard of care….

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Tips for Navigating Discovery and Deposition in a Malpractice Lawsuit

January 21, 2020 - Gita Pensa, MD - 0 Comment

“I was going through the depositions and really stressing myself out. Not eating. Not sleeping. And I…

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