Bill Bailey

Malpractice Case Studies

Occasionally, I'll post some case studies on my website and in my blog to challenge you and encourage you think systemically. Here's a great example:

A fifty year-old woman was seen by her General Practitioner for indigestion and intermittent pain in her epigastrium. The doctor obtained an upper GI series revealing a hiatus hernia which he felt explained her symptoms. Antacids and sleeping in a "propped up" position decreased her symptoms.

After two to three months her pain returned and radiated to her back. She had lost 10 pounds which she attributed to dietary intolerance. Her doctor obtained a cholecystogram which revealed gallstones. The patient was then started on anti-cholinergics which improved her symptoms. She was informed that she would probably require a cholecystectomy.

One month later the patient returned jaundiced and having lost 5 more pounds. A general surgeon obtained an MRI which revealed a cancer of the pancreas which was found to be inoperable.

  1. What pitfalls are illustrated by this case?
  2. How might they be avoided?
  3. What non-medical extraneous factors might have contributed to this situation?
  4. What will be the allegations against the doctor or the theory of the case?

For answers to this or any prior case study, please email me and I'll personally review your responses. To email me,  click here.

California Health Officials Seek Suspension Of Injunction Against Medi-Cal Reimbursement Rate Reduction

Federal Judge Rules Mass. Abortion Buffer Zone Law Constitutional

Mexico's Supreme Court Considers Challenge To Mexico City Law Permitting Abortion

Medical Defence Union Helps Doctors Meet Professional Expectations, UK

Fraud Discovery Institute Retracts Herbalife Accusations - California

Schwarzenegger Administration Plans To Appeal Judge's Medi-Cal Ruling

Calif. Court Ruling On Physician Discrimination Based On Sexual Orientation Allows Equal Treatment, Editorial Says

Editorials Discuss HHS Office Of Inspector General Report On Medicare Fraud Reduction Efforts

Medicare Anti-Fraud Claims Misleading, According To Confidential OIG Draft Report

U.S. District Court Judge Temporarily Blocks Medi-Cal Cuts

N.H. Must Reimburse Planned Parenthood For Legal Costs In Suit Over Abortion-Related Law, Federal Judge Rules

Law Barring Discrimination Based On Sexual Orientation Applies To Doctors, Calif. Supreme Court Rules

WellCare Agrees To Pay $35.2M In Medicaid Fraud Investigation

Protecting Consumers When Drug Manufacturers Fail To Warn Patients About Known Health Risks

Nobel Peace Prize Nomineea Calls For Countries To Adopt Convention On Torture At 12th World Congress On Pain

Texting Nurse Struck Off, UK

Lawsuits Help Ensure Drug Safety, NEJM Editors Say

Nurse Suspended For Repeated Failure To Record Care, UK

New Research Highlights How And When Errors In Inpatient Medication Reconciliation Occur

Hospital-Acquired Infections Preventable, To Prompt 'Next Wave' Of Class-Action Lawsuits, Opinion Piece States

Sen. Cornyn Touts Texas' Access To Physicians' Care, Credits Medical Malpractice Reform

WSJ Examines Recent Ruling Strengthening Legal Job Protections For Women Seeking Fertility Treatment

Democrats Opposing Supreme Court Decision In Favor Of Pre-Emption Pandering To Tort Lawyers, Wall Street Journal Editorial Says

Nurse Cautioned For Forging Signatures To Qualify As Midwife, UK

Kan. Settles Lawsuit Involving Former AG Kline's Request That All Underage Sex Be Reported

Weekly Tip: Did you know that risk management starts even with the Initial Consultation?

The initial contact with the patient is usually through your receptionist. This employee should be well-coached as to the limitations on information that can be conveyed. An example of this might be: avoid discussing aspects of a procedure that would be better left to you, as the physician.