Boston Personal Injury Lawyer - Medical Malpractice - Latest Comments

A comment on Fake Studies for Medical Malpractice Defense

Kenneth N. Margolin — Tue, 10 Apr 2007 10:57:30 GMT

Dr. Patton: Your thoughtful comment highlights a difficult reality of medical malpractice litigation - the human body is complicated, and determining cause and effect is not always straightforward. The justice system accommodates the reality of medicine's complexity by allowing an expert to testify on causation "to a reasonable degree of medical certainty" rather than "absolute certainty" or the criminal standard of "beyond a reasonable doubt." The compromise is imperfect, but preferable, in my opinion, to allowing no redress to victims of medical negligence. As for CP and Brachial Plexus injuries, no responsible plaintiff's attorney would claim that they can occur only due to negligence.

A comment on Fake Studies for Medical Malpractice Defense

Robert Patton, Jr MD, JD — Tue, 10 Apr 2007 09:54:35 GMT

While your comments may generally be true, I know of no "respected" medical journal that publishes purposefully the type of article you describe. As far as bed-sores, remember that Christoper Reeve died of one and he had access to all the care he needed.

Unfortunately, your examples of CP and shoulder dystocia don't wash. The majority of cases of CP have nothing to do with birth injury, which is now well described. Interesting that while the incidence of C-Sections has risen dramatically, the incidence of CP has remained the same.

Moreover, there are well documented cases of Brachial Plexus injuries occurring even when there is NO intervention from a doctor/mid-wife during delivery.

In both cases, there is more than meets the eye. The plaintiff's position that CP and Brachial Plexus injuries can only occur due to negligence is simply not true.

Robert Patton, Jr MD JD

A comment on Solutions to the Medication Error Crisis

Lisa Lindell — Fri, 27 Oct 2006 17:32:55 GMT

How about robotic pharmacies? This technology has been available in this country for years. General Motors has been quite outspoken about our antiquated healthcare system. Why are taxpayer dollars pouring into research and education, but nothing into the safe and efficient delivery of patient care.
Healthcare providers should be trained to work as a team...a team that includes the patient and their advocate.
IT technology can't be implemented until there are universal standards. Universal billing codes, diagnosis, standards of care, etc. Physicians are resistant to using computers....it's easier and quicker to scribble something down on a piece of paper rathar than log into a computer and start clicking. Further, physicians usually have admitting priveledges in more than one facility and don't want to learn entirely different systems. Sit down with any Infomatics Administrator and they'll tell you the barrage of reasons physicians assault them with as to why they're not going to use a computer.
Nurses are leaving the profession in droves. Nurses can't take care of their patients anymore. It's up to the consumer to put their nose directly in the middle of their healthcare experience. Question everything and educate yourself. It's your life.