Thepiaa.org
Emerging Risk in
American Medical
Professional Liability
Richard E. Anderson, M.D.
Chairman and Chief Executive OfficerThe Doctors Company, Napa, California
• Risk creation industry• Massive change in American health care
– 50% bigger than Microsoft and twice as
– Overall tort tax about $865 billion per year
2. Fosamax and Other Bisphosphonates Litigation Group Roundtable
3. Expert Witness (Daubert) Litigation Group Roundtable
5. Pain Pumps - Chondrolysis Litigation Group
6. Vaccine Litigation Group Meeting
7. Embolization Devices (Cyanoacrylates) Litigation Group Meeting
Bisphenol - A/Phthalates Proposed Litigation Group
12. Liquor Liability Litigation Group Roundtable
13. Toxic Mold Litigation Group Roundtable
14. Inadequate Security Litigation Group
15. Motorcycles Proposed Litigation Group
16. Workers' Compensation and Workplace Injury Luncheon and Meeting
17. Heparin Litigation Group
18. Complex Regional Pain Symdrome (RSD) Litigation Group Meeting
19. Selective Serotonin Reuptake Inhibitors (Anti-Depressants) Litigation Group Roundtable
20. Avandia Litigation Group Roundtable
21. Heart Devices Litigation Group Meeting
22. Digitek Proposed Litigation Group Meeting
23. Fentanyl Litigation Group Roundtable
24. Benzene/Leukemia Litigation Group Roundtable
25. Construction Defects-Property Damages (Residential and Commercial) Litigation Group Roundtable
26. Kugel Mesh Litigation Group Roundtable
27. Laser Eye Surgery Malpractice Litigation Bring Your Files Forum and Roundtable
28. Seroquel and other Anti-Psychotic Drugs Litigation Group Roundtable
29. Birth Trauma Litigation Group Meeting
30. Human Bone & Tissue Recovered from Cadavers Litigation Group
31. Electric Blankets and Heating Pads Litigation Group Roundtable
32. Gastric Bypass Litigation Group
34. Nursing Homes Litigation Group Bring Your Files Forum and Roundtable
35. Burn Injury, Crane & Aerial Lift Injury Litigation Groups Bring Your Files Forum, Roundtable
and Elections
36. Child Sex Abuse Litigation Group Roundtable
37. Chiropractic Malpractice Proposed Litigation Group
38. Gas Fire & Explosions Litigation Group
39. Schools: Violence, Misconduct, and Safety Litigation Group
40. Traumatic Brain Injuries Litigation Executive Committee
42. Orthopedic Implant Litigation Group Roundtable
43. AMO Complete Moisture Plus Eye Care Solution Litigation Meeting
44. Bad Faith Insurance Litigation Group Roundtable
45. Medical Negligence Information Exchange Litigation Group
47. Lawn Mower Litigation Bring Your Files Forum and Roundtable
48. Traumatic Brain Injuries Litigation Group
49. Railroad/Highway Crossing & Derailment Litigation Group and Railroad Law Section Joint Meeting and
50. Construction Site Accidents Litigation Group Meeting
51. Ortho Evra Litigation Group
52. Hormone Therapy Litigation Group Meeting
53. Gadolinium Litigation Group Meeting
54. Trasylol Litigation Group Roundtable
55. Telemarketing, Spam, or Junk Fax Litigation Group
56. Levaquin Litigation Group
57. Propulsid Litigation Group Roundtable
58. Nuva Ring Proposed Litigation Group
59. Electronic Discovery Litigation Group Roundtable
60. Pharmacy Liability Litigation Group Roundtable
62. Vioxx/Bextra (and other Cox-2 NSAIDs) Litigation Group
63. Breast Cancer Litigation Group Roundtable
64. Chantix Proposed Litigation Group
65. Bausch & Lomb Contact Lens Solution Litigation Group Meeting
66. Taser Litigation Group Bring Your Files Forum and Roundtable
• Holy Grail/Sword of Damocles• Transitions• Outages/data loss• Privacy/unauthorized access• Software standard of care• “Alert fatigue”• Because we can, must we?• E-discovery
– Accepted in 20 other states and D.C.
– Allows recovery if physician's action reduces
– Diagnosis and treatment of data, not
• Licensing issues• 24/7 availability?• Local, national, or international
• JCAHO• Patient Safety and Quality Improvement
– Patchwork legislative enabling legislation– Infinitely variable local and institutional
further, doctors practice faster, looser, and
– Non-system becomes ever more incoherent
• Unfunded mandates• Moral and ethical concerns clash with
• Behind every scientist pushing back the
limits of knowledge and the possibilities
medical discovery, there is a plaintiff’s
• Abortion• Wrongful life• Contraception
– Adequate defense more difficult– Bad faith specter enhanced
• Regime change in U.S.
• Increased regulatory pressure
• Risk aversion• Societal rather than personal
• New areas of health care litigation grow
• Market dynamics make this worse• Cultural expectations represent a risk
Source: http://thepiaa.org/docs/INT/Tools_Resources/Anderson_2008.pdf
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