Medical-Legal Blog Archives - Moghim Medical Consulting, Inc.

12Apr 2018 by Leila Larsen No Comments

Should Health Care Be a Basic Human Right?

In February of 2018, an attempt to add an amendment to the Oregon Constitution to declare health care as a basic human right, came to an abrupt halt. Although the state’s House had already voted 35 to 35 in support of the amendment, the Senate Health Care Committee never even brought it up for a vote because they believed it wouldn’t pass in the Senate. The amendment would have ensured that every resident had access to cost-effective, medically appropriate care. Despite Democratic control of both state legislatures, there were serious concerns that the state could not guarantee universal access to health care and this would leave the state vulnerable to litigation. Lawmakers said that there wasn’t enough time to secure the necessary number of votes during the five-week legislative session.…

01Mar 2018 by Leila Larsen No Comments

Does Medical Liability Tort Reform Work?

Medical-Legal Blog

Medical liability tort reform is an ever-present issue that is often at the heart of any serious health care reform debate. Both sides have compelling arguments. Health care providers are often shackled by fears of frivolous malpractice suits leading to costly and, often, unnecessary defensive care. Patients and legal professionals, however, argue that without some form of legal recourse, physician misfeasance would go unchecked. To really understand the issue of medical liability tort reform, one must look a little deeper into the structure of American health care. In our system, the vast majority of practicing physicians have malpractice insurance which pays some or all of the judgment for a malpractice claim. In 2015, the U.S. paid out $3.89 billion for malpractice claims, almost all of which came from insurers. This is…

05Dec 2017 by Leila Larsen No Comments

Legal Issues Related to Telemedicine

Medical-Legal Blog

As an emerging technology, telemedicine presents many challenges to patients and providers. While many of these challenges are technical or financial, there are also some thorny legal issues which have kept some medical professionals from fully embracing this new health care platform. Whether it is cross-state licensing, malpractice insurance, prescribing medications or reimbursement, there are legal restrictions you should be aware of before you fully integrate telemedicine into your practice. State Definitions A foundational issue for many telemedicine regulatory bodies is defining telemedicine itself. It is critical that the scope of telemedicine is clearly defined so that insurers and payers are reimbursing physicians for appropriate services. While many industry groups and some state boards may use a broad definition of telemedicine, others, including the Center for Medicare and Medicaid Services…

06Oct 2017 by Leila Larsen No Comments

Defensive Medicine: The High Price of Malpractice Claims

Medical-Legal Blog

A 2010 study performed by the Harvard School of Public Health estimated that the total cost of medical malpractice claims in the U.S. was $55.6 billion, of which $45.6 billion was spent on defensive medicine. The fact that almost 2.4 percent of the nation’s entire health care expenditure is spent on redundant, often ineffective treatments and tests is not surprising to most of the medical community which has decried the scourge of spurious malpractice claims for decades. What is Defensive Medicine? Defensive medicine has long been a fixture in the practice of medicine. In some cases, it involves performing services that are unnecessary, and, in others, prevents providers from performing potential beneficial procedures that also risk exposure to litigation. Let’s say a healthy 18 year old male is diagnosed with…

27Jul 2017 by Leila Larsen No Comments

Trump’s Health Care Reform: What to Expect if it Passes?

Medical-Legal Blog

President Donald Trump and his Republican colleagues in the Congress are furiously working to pass some form of health care reform. Since the 2010 passage of the Affordable Care Act, the GOP’s mantra has been “repeal and replace,” and with all three branches of the federal government in their hands, it appears the moment to fulfill their promise has arrived. In May, the House of Representatives passed the American Health Care Act (AHCA). This initial salvo in the war on the ACA could cause almost 24 million Americans to lose their health insurance while saving almost $337 billion over ten years, according to the Congressional Budget Office. The U.S. Senate is currently in the midst of drafting its own version the Better Health Care Reconciliation Act (BCRA). Both bills would…

11May 2017 by Leila Larsen No Comments

Top 5 States with the Highest Medical Malpractice Lawsuits

Medical-Legal Blog

Malpractice claims have long been a serious problem for the medical industry. The public and litigious legal professionals have long considered physicians and their employers lucrative targets when serious health events occur. Despite the fact that almost half of all malpractice claims are dismissed, and only about 5 percent result in a trial judgment, many people are hoping for a big payout at the expense of a medical professional. However, where you practice can put you at a higher risk of being sued. If you are about to establish your practice or take up a new position, it is important to understand the legal environment of your new state. Almost half of all states have passed laws that limit compensation for economic or non-economic damages—i.e. pain and suffering—which has helped…

27Apr 2017 by Leila Larsen No Comments

Healthcare Consolidation on the Rise: What Does This Mean for Malpractice Claims?

Medical-Legal Blog

One of the most predominant trends of the last few years in the health care industry has been the merger of organizations, from major health insurers to regional hospitals, the enthusiasm for acquiring competitors has never been higher. While healthcare consolidation hasn’t always benefited the consumer, it has often put provider organizations in a more secure position. This is especially true with regards to malpractice claims. From 2005 to 2015, there were 409,088 medical malpractice claims filed in the United States, resulting in 148,909 payments. Almost all of these payments were the result of out-of-court settlements, as only about 0.33 percent of malpractice cases end in a trial. The average malpractice compensation for inpatient cases was $363,000, and $290,000 for outpatient cases. While malpractice litigation has had a chilling effect…

12Apr 2017 by Leila Larsen No Comments

How to Choose the Right Medical Malpractice Expert Witness

Medical-Legal Blog

The 3 most important factors to consider when hiring a medical expert witness If you are heading into a malpractice trial, you will quickly find a wide array of choices for medical malpractice expert witnesses. You’ll also find that the cost of this service varies greatly, making it a very difficult decision for most. So how do you choose the right medical expert witness for your case? Here are the 3 most important factors to consider before making your decision. You Get What You Pay For Should you go with the more respected medical expert who charges exorbitant fees or someone with more reasonable fees but with less distinguished credentials? Some experts may charge up to $1,000 an hour, so hiring a witness is a pricy investment. There are many…

30Mar 2017 by Leila Larsen No Comments

Top 3 Medical Specialties with Highest Malpractice Risk

Medical-Legal Blog

Malpractice lawsuits are much more than a common occurrence in medicine; they are practically a fixture of the medical profession. If you practice long enough, you will eventually be sued. According to the American Medical Association, five percent of physicians are the subject of malpractice suits each year. There is however significant variation in the likelihood of a malpractice claim based on specialty. While neurosurgery has the highest malpractice risk, with a 19.1 percent risk annually, the lowest risk specialty was psychiatry with just a 2.6 percent annual risk. These figures were taken from a RAND study of 41,000 physicians from 1991 to 2005. There are many legal justifications for these lawsuits, but the most common included: Improper diagnosis- 31% Abnormal injury to patient- 31% Failure to treat- 12% Neurosurgery…

16Mar 2017 by Robert Moghim, M.D. No Comments

The Five Biggest Obstacles to Winning a Malpractice Case

Medical-Legal Blog

Each year, about seven percent of physicians are sued for malpractice, making it an almost certainty for any physician with a sustained career. While the idea of facing litigation can be quite anxiety-inducing, you should know that only 22 percent of malpractice suits are adjudicated in favor of the patient. Among the specialties most often sued are neurosurgeons (19.1 percent) and thoracic-cardiovascular surgeons (18.9 percent). Meanwhile, psychiatrists (2.6 percent) and pediatricians (3.1 percent) see the lowest amount of law suits. No one enjoys being the target of a lawsuit that questions your skills as a medical professional. However, you should take heart that the complainant has a much more difficult road ahead than yourself. They must convince a court of law that the doctor acted in such poor judgment that…