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
Is there a generic drug available A good choice for my condition? Remember, when you use a generic drug, you get the same quality as the brand-name drug – at a Most likely, yes. Many commonly prescribed drugs lower cost. To learn more about generic drugs, visit have generic versions. In fact, nearly 63 percent of our Web site or talk to your doctor or pharmacist. prescriptions a
November 4, 2009 LifeCell – Daily News Update October 22, 2009 Key Industry News: Publication sciencedaily.com Damaged knee joints might one day be repaired with cartilage grown from stem cells in a laboratory, based on research by Professor Kyriacos Athanasiou, chair of the UC Davis Department of Biomedical Engineering and his colleagues. Using adult stem ce
Emerging Risk in 
• 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 
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 
47. Lawn Mower Litigation Bring Your Files Forum and Roundtable
48. Traumatic Brain Injuries Litigation Group
• 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.
– 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.
• Risk aversion• Societal rather than personal
• New areas of health care litigation grow
• Market dynamics make this worse• Cultural expectations represent a risk