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Claims Lessons

The experience of others is often the best teacher. In medicine, as in life, we often learn the most from the insights of those who have ‘been there’. That’s why claims lessons are the training tool of choice.

Our claim files are packed with scenarios to avoid and lessons to learn. The claims lessons below all come from real claims that we’ve seen and defended (though some facts have been altered to protect the confidentiality of the parties). Each claims lesson is presented in a brief, simple format that concludes with practical “learning points” that nearly every practice can relate to.

Policyholders and staff alike are invited to learn from our experiences.

These claims lessons are presented for educational purposes only and are not intended as legal advice. Readers should consult qualified legal counsel to address specific legal issues.

Specialty		Title
Anesthesiology		Suit Alleges Medical Negligence for Failure to Maintain Written Protocols for Administration of Controlled Substances in the Absence of Written Orders in the PACU
		Patient succumbs to a preventable anesthesia respiratory event
		Risk of high spinal anesthesia following failed epidural block for cesarean delivery
		Pain Mismanagement: Plaintiff Victory Attributed to Problems with Poor Record Documentation and Inconsistent Prescribing Practices
Cardiology		Medication Risk/Benefit Analysis
		Patient Suffers Fatal Arrhythmia Linked to Outpatient BETAPACE Prescription
Cardiology/ Primary Care		Weak On-Call Handoff and Discharge Instructions Botch Patient's Coumadin Therapy.
		Failed Communications in the Medical Office Lead to and “Alleged Delay in Treatment”
Dermatology		Absence of a Test Tracking System Contributes to a Delay in Diagnosis of Squamous Cell Carcinoma
Emergency Medicine		Could Antibiotics Upon Presentation Have Prevented Asplenic Patient's Death? - NEW
		Atypical Chest Pain –Work ‘Em up or Sign ‘Em out?
		The Importance of Clinical Evaluation in Managing “Atypical“ Chest Pain
Multispecialty		Documentation and Referral Issues Snag Pulmonologist in Prostate Cancer Case
		Failed Physician-Nurse Communication, Post-Op Sleep Apnea, Death
		Treatment Delayed Despite Multiple Visits and Phone Calls
		Wrongful Death Suit Alleges Abnormal X-Ray Results Never Reported
		Concierge Medicine-No Guarantee against Failure to Diagnose Lung Cancer
		From Chronic Problems to an Acute Dilemma
		Patient Monitoring/Medication Management
		Black Box Warning + Inadequate informed Consent = Indefensible Claim
		Multiple Providers Named in Failure to Diagnose Case
OB/Gyn		"Time-Out" Procedure Fails; Patient Gets an Unwanted Bilateral Oophorectomy
		Lack of Midlevel Supervision Contributes to Shoulder Dystocia Claim.
		Medically Complex GYN Patient Alleges Unnecessary Surgery after Experiencing Surgical Complications.
Orthopedics		Compartment Syndrome Case Study, the Sequelae of a Delayed Diagnosis
Pathology		Pathology Error Results in Alleged Delay in Diagnosis of Malignant Melanoma
Pediatrics		Delayed Diagnosis of Rocky Mountain Spotted Fever in a small child results in Catastrophic Injury
Primary Care		Could Antibiotics Upon Presentation Have Prevented Asplenic Patient's Death? - NEW
		Acute Leukemia Fatal after Failure to Address Abnormal CBC and Narrow Diagnostic Focus
		Holiday weekend + New Hospital Computer System = High Risk Patient Discharge
		Simple Prescription Mistake Leads to Tragic Outcome
		Copy and Paste Documentation Creates A Problematic Defense
		Delay in Diagnosis of Colorectal Cancer Results in Advanced Metastatic Disease and Ultimate Death of the Patient
		Meningitis: Communication Issues Result in a Delay in Diagnosis/Delay in Treatment
Radiology		Importance of Accurate, Timely and Effective Communication of Abnormal Imaging Findings in the Emergency Department Setting
Surgery		"Time-Out" Procedure Fails; Patient Gets an Unwanted Bilateral Oophorectomy
		Surgical Fires: Reducing the Risk of Patient Injury
		Management By PA Alone Proves Inadequate in Treating Wound Infection