A BRIEF ANATOMY OF A MICHIGAN MEDICAL MALPRACTICE CASE

Litigation is new territory for most people, particularly with personal injury and medical malpractice claims. The following is an attempt to provide a general outline of how a case progresses, the facts and the law the attorney must weigh, and why this process is often so protracted. Also included are some, but by no means all, of the technical hurdles that must be addressed along the way.

Facts Regarding Medical Malpractice Lawsuits

    A critical issue all Americans are confronted with today is the rising cost of health care.  However, the discussion of rising health care costs is often side tracked, and the root of the problem ignored.  Certain organizations and professionals have attempted to attribute the hike in health care costs to medical malpractice law suits.  An examination of the facts shows medical malpractice law suits are not increasing the cost of health care, but instead are a tool to limit health care costs from increasing.  Any discussion of rising health care costs that ignores preventable medical errors ignores the central problem. 

Trial Results Raise Doubts About Vertebroplasty

Counselor,

Two new clinical trials have shown that control-group patients experienced similar improvements to those treated with vertebroplasty for osteoporotic vertebral fractures. The trials, published in the August 6 issue of the New England Journal of Medicine, are the first randomized controlled studies of the procedure, which has been growing in popularity for about a decade and is already widely in use.

Guidelines on Labor Induction Revised

Counselor,

On July 21, the American College of Obstetricians and Gynecologists (ACOG) issued revised guidelines on when and how to induce labor in pregnant women. The updated recommendations are published as a Practice Bulletin, "Induction of Labor," in the August issue of Obstetrics & Gynecology. The bulletin aims to guide physicians regarding their choice of induction methods that may be most suitable in specific settings and to elucidate the safety requirements, risks, and benefits of various regimens to induce labor. Benefits vs Risks of Labor Induction

Heart-Failure Guidelines Update

Counselor,

"State-of-the-art" is a moving target. The two largest North American cardiology societies have released an update to their 2005 guidelines on "the diagnosis and management of chronic heart failure", which for the first time outlines their recommendations for patients hospitalized with acute heart failure (HF). The document, also for the first time, includes concrete recommendations on the use of "a fixed-dose combination of hydralazine and isosorbide dinitrate" in self-identified African Americans who are symptomatic on angiotensin-converting enzyme (ACE) inhibitors, beta blockers, and diuretics.

Legal Aspects of Men's Genitourinary Health: Background

Counselor,

Urologists specialize in men's health issues along with diseases of the urinary tract. Although malpractice claims against urologists have remained steady in number over the past several decades, indemnity payments have continued to increase substantially. One large series looking at a 19-year period showed a steady average of claims with a 191% increase in indemnity payments after correcting for inflation. Injuries relating to the evaluation (30-40%) and treatment (34-43%) of the male genitourinary tract can account for a significant percentage of claims against urologists.

Managing Osteoporosis: Treatment Overview

Counselor,

Osteoporosis is a significant problem among older adults, with up to a 90% prevalence among nursing home residents. Fractures are the main burden associated with osteoporosis, with more than 2 million fractures occurring in the United States in 2005. Of those who sustain a hip fracture, up to 75% require nursing home placement for rehabilitation or long-term care. Many of the remainder receive home health care, resulting in over 2 million home health care visits for posthospitalization fracture care annually.

AHA/ASA Science Advisory Recommends Use of tPA Between 3 and 4.5 Hours After Stroke

Counselor,

May 28, 2009 - A new science advisory from the American Heart Association (AHA)/American Stroke Association (ASA) has given the green light to the use of tissue plasminogen activator (tPA) to treat acute ischemic stroke between 3 and 4.5 hours after symptom onset.

Fetal Heart Rate Monitoring Guidelines Updated

Counselor,

The American College of Obstetricians and Gynecologists (ACOG) has refined its definitions, classifications, and interpretations of fetal heart rate (FHR) monitoring and published the revised version of its guidelines in the July issue of Obstetrics & Gynecology (ACOG Practice Bulletin #106).

Guidelines Issued for Treatment of Staph Infection with Vancomyocin

Counselor,

The Infectious Diseases Society of America, the American Society of Health-System Pharmacists, and the Society of Infectious Diseases Pharmacists have issued therapeutic guidelines for monitoring of vancomycin treatment for Staphylococcus aureus infection. The summary of consensus recommendations is published in the August 1 issue of Clinical Infectious Disease. "Adjustment and targeting of specific serum concentrations of vancomycin in patients have been the subject of debate for many years," write Michael J. Rybak, PharmD, from the College of Pharmacy and Health Sciences, School of Medicine, Wayne State University, Detroit, Michigan, and colleagues.

Guidelines Not Followed for Most Patients With Atrial Fibrillation and Heart Failure

Counselor,

Fewer than half the patients with atrial fibrillation (AF) and heart failure (HF) receive recommended medications from their cardiologists, according to a report in the May 5th Journal of the American College of Cardiology.

Before now, little information was available regarding the combined management of AF and HF in clinical practice, note Dr. Robby Nieuwlaat from University Hospital Maastricht, Maastricht, the Netherlands and colleagues. They therefore investigated guideline adherence regarding drug therapy among patients with AF and HF who were enrolled in cardiology practices of 182 hospitals in 35 countries.

Medication Errors Common in Intensive Care Units

Jason Thompson's Letter To The Legislative

Mr. Chairman and members of the committee: Thank you for taking time to address this important issue and the proposed bills to alter Michigan's ban on drug product liability lawsuits.

My name is Jason Thompson, and I am a Michigan attorney with Sommers Schwartz. I would like to make sure the record includes mention of the economic harm that Michigan's immunity statute is causing Michigan's self-insured businesses, self-insured municipalities, and health insurance companies. These entities are my clients.

6.5 Million Additional Adults Candidates for Statin Therapy Based on JUPITER

Counselor,

More than six million elderly adults are newly eligible for statin therapy based on a strict interpretation of the Justification for the Use of Statins in Primary Prevention: An Intervention Trial Evaluating Rosuvastatin (JUPITER) trial, new research show. The number of individuals eligible for statin therapy increases to more than 10 million adults when extrapolated to individuals with normal LDL-cholesterol levels, as determined by the National Cholesterol Education Program Adult Treatment Panel III (NCEP ATP) cutoff points, and elevated high-sensitivity (hs) C-reactive-protein (CRP) levels.

Medical Malpractice Internet Resources

By TeLisa T. Owens

In Michigan, few areas of law are as research intensive as medical malpractice. The medical malpractice practitioner must research the appropriate standard of care, medical procedures, conditions and treatments, doctor certifications and specialties, expert witness credentials, and damages, among other things. This article aims to provide helpful online resources to malpractice practitioners.1

Warning to the Complacent Frogs:
The Pot is Ready to Boil

On September 17, 2008, Norman Tucker received the Respected Advocates Award from the Michigan Defense Trial Council. Upon receiving the award, Mr. Tucker offered the following remarks on the state of negligence law in Michigan.

Arrogant, Abusive and Disruptive -- and a Doctor

NY Times, December 2, 2008
By LAURIE TARKAN

It was the middle of the night, and Laura Silverthorn, a nurse at a hospital in Washington, knew her patient was in danger.

The boy had a shunt in his brain to drain fluid, but he was vomiting and had an extreme headache, two signs that the shunt was blocked and fluid was building up. When she paged the on-call resident, who was asleep in the hospital, he told her not to worry.

Med Malpractice Remarks

Acceptance Remarks at Respected Advocates Award, State Bar Awards Dinner, October 2008 and to Be Published in State Bar Negligence Section Newsletter January 2009 (with some editing)

Medical Malpractice filing trends in Michigan

A PDF on MLW Charts

Politics and Practicalities Of Michigan Medical Malpractice Litigation

Daily, there is an ongoing, sophisticated media effort by the US and Michigan Chambers of Commerce, or their spin off organizations, to mold public opinion to serve their ends – to make it more and more difficult for negligently injured parties to seek compensation. Supported by large liability insurance companies, the medical profession and big business, they are daily telling the public that there is a litigation crisis. These pro business, anti-consumer lobbying organizations have given birth to a cottage industry of experts and consultants who use focus groups and linguist to recommend the language that will persuade the public that they should give up their rights to be compensated if injured by medical negligence.