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HITE, FANNING & HONEYMAN, L.L.P. Don D. Gribble II. Medical Malpractice 30 Year Claim/Suit History. 10 year average is 376 per year (highest year 2006 = 457) *Economy proof. Medical Malpractice 5 Year Trial History. *5 year average = 30 trials per year *Approximate 75% DV average. - PowerPoint PPT Presentation



  • Medical Malpractice 30 Year Claim/Suit History10 year average is 376 per year (highest year 2006 = 457)

    *Economy proof


  • Medical Malpractice 5 Year Trial History*5 year average = 30 trials per year

    *Approximate 75% DV average

    FY11FY10FY09FY08FY07Total1932273436DV1621202531PV27555Split V11110Mistrial03140

  • Medical Malpractice Trial Venues FY 2011

    Jackson County, MO3U.S. District Court, KS3Wyandotte County3Crawford County2Sedgwick County2Douglas County1Ellis County1Geary County1Pratt County1Reno County1Riley County1

  • Medical Malpractice Claim/Suit Resolution Methods1% disposed of by trial_% dismissedMost settle

    Reporting to the National Practitioner Data Bank

  • Types of Medical Malpractice Claims/Suits(My Current Cases)Premature delivery causing developmental delaySpinal cord injury during scoliosis sx causing paralysisSx positioning causing extremity injuryFailure to adequately treat encopresis causing death in 8 yr oldChronic pain pt overdose causing deathCircumflex artery injury during heart valve sx causing deathInfection progressing to meningitis causing brain injury (2)Infection progressing to sepsis causing death Undiagnosed heart problem leading to MI/death (2)Pitocin causing hyperstimulation and brain injury (2)

  • Avoiding a medical malpractice claim/suit top 5 things:

    A good bedside manner (1 Pt. 4:8)Transparency (old vs. new culture)Showing empathy/sympathy (flowers, cards)Good charting (time issue)Practicing within the standard of care (subjective and not definitive)

  • Avoiding a medical malpractice lawsuit PV top 5 things:

    Making a good witness (single most important) Working with your attorney (relatively rare) Knowing your chart (video depos)Doing nothing to the chartGetting good expert witnesses

  • The first thing to do after learning of a bad event would be to:Interview the personnel involvedHave the personnel involved write out statements about what occurredContact counsel/risk managerAll of the above

  • Medical Malpractice Claims/Suits

    Discuss: 1.Why 2. When3. Where4. Who5. How

  • Why?: There is an alleged breach of the standard of care (aka a bad result)

    Standard of care is defined as:

    The best care I can deliverThe best care another similarly situated provider would deliverNeither

  • How is the standard of care defined?a.Authoritative journals & textsb.Guidelines from governing bodies (AAFP, ACOG, etc.) c.Written policies and proceduresd. What an expert witness says it is e. All of the above

  • Vicarious LiabilityK.S.A. 65-3403(h):(h) A health care provider who is qualified for coverage under the fund shall have no vicarious liability or responsibility for any injury or death arising out of the rendering of or the failure to render professional services inside or outside this state by any other health care provider who is also qualified for coverage under the fund. The provisions of this subsection shall apply to all claims filed on or after July 1, 1986.

  • For whom are you liable? Nurse/PAResident PhysicianCRNAAnesthesiologist Doctor to whom you refer the patientAll of the above

  • When?: Suits for adults 2 years from the date of the allegedmalpractice:

    True or False?

    *4 yr SOR

  • When?: Suits for children18 years:

    True or False?

    * 8 yrs SOR

  • Where?: Suits are filedDepends on where happened and wheredefendants are.

    *Rural vs. Urban

  • Who?: Is joined

    Concept of comparative faultMore limits

  • How?: Does case proceed1st written discovery2nd deposition discovery3rd expert witness discovery4th settlement conference5th trial (length)

    *Roughly 1 yrs from filing to trial

  • Case Evaluation

    Elements to consider:LiabilityDamages

  • The amount of medical and lost wage damages a plaintiff could recover is:

    Capped at $250,000.

    True or False

  • The amount of pain and suffering damages a plaintiff could recover is

    Capped at $250,000-----------------Presently

    *Miller v. Johnson case*Statute since late 80s

  • Settlement conferences:According to K.S.A. 60-3413, the Court shall require a settlement conference in cases involving medical malpractice at least 30 days before trial.

  • Trials Range from 1- 6 weeks

  • Questions?