$51m malpractice verdict in Cook County

Started by skougess
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skougess

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Per a “jury of our peers”, a headache was a symptom of diabetic crisis and correlated to his cardiac arrest a few days later. I need to leave this profession ASAP.
 

Per a “jury of our peers”, a headache was a symptom of diabetic crisis and correlated to his cardiac arrest a few days later. I need to leave this profession ASAP.

My wife and I were talking last night about various house-related stuff. Remodeling the kitchen, where to put this treadmill, what to do with the upstairs floor (tile? wood?), and she says to me:

"Don't take this the wrong way, but you wouldn't have to move all of those things and repack these things and (other task) if you were better at keeping things tidier in general."

She wasn't wrong. I agreed; offering no argument. She asked: "Like, why -are- you like that? You do drop anything anywhere, then when it gets to be too much, you dedicate time to put it ALL back?"

I said: "Babe, you don't understand how I actually feel mentally after 3 shifts."

"But you ONLY work 120 hours a month. That's part-time."

I told her about the Birdstrike multiplier. (Thanks, Bird!) She seemed to understand, but asked why it had this effect on me.

I said: "Because every shift sucks when you know for a fact that 90% of Americans are clueless, mouthbreathing idiots who cannot maintain the simplest of responsibilities to their health, then run to me once it all falls apart. They pay nothing for this care, demand it at any hour, and have the options to complain if they don't like it, or sue for any outcome they don't like; related or unrelated. So, when I get home, I just give up for a few hours and mourn the death of society, because I know for sure it is NOT getting any better in the future. I might have a few hours to myself before I *must* sleep, so I can go do it all again for the next 2-3 shifts, so I don't trouble myself with precision tidiness those days. I "reset and clean" only when that psychic assault is gone. You're an introvert by nature, and you simply choose to not deal with people. I'm highly extroverted by nature, and when the only people I see fail to demonstrate basic decency or even competency, it hurts my soul. Society is decaying, and I have a front row ticket and also can't leave my seat for 12 hours at a time."

That hit her right between the eyes. She watched as I went thru both my JACKPOT lawsuit, as well as the Rick and Morty lawsuit. She got it.

I'm off for the next 8 days. Gonna clean the master bedroom and closet, get rid of a lot of things that I need to get rid of, and enjoy lunch at my local taco joint.

But none of that changes how I cannot stand 90% of Americans. #GoingGalt.
 
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Per a “jury of our peers”, a headache was a symptom of diabetic crisis and correlated to his cardiac arrest a few days later. I need to leave this profession ASAP.
Yep, bad outcome, sad sob story, emotional jury - ER doc stood no chance. Even if they had gotten the glucose test.
 
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Yep, bad outcome, sad sob story, emotional jury - ER doc stood no chance. Even if they had gotten the glucose test.
The video of the plaintiff attorney saying this should be a lesson for ERs everywhere to screen for diabetes really got to me. He should put his money where his mouth is and donate all his earnings from this lawsuit to fund an education program. Of course he won't do that. Gotta pay for that Bentley.
 
I must've missed this post. Please elaborate. 😍

"Do a forum search" Lolz.
:joyful:

The Birdstrike multiplier is: "One hour spent in the ER = at least 1.5x hours doing any other job."

Oh, I forgot to add: "The 90% of Americans that are clueless, mouthbreathing idiots are sure to comprise any jury."
 
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The video of the plaintiff attorney saying this should be a lesson for ERs everywhere to screen for diabetes really got to me. He should put his money where his mouth is and donate all his earnings from this lawsuit to fund an education program. Of course he won't do that. Gotta pay for that Bentley.
That’s a very frustrating viewpoint from medical and non-medical people alike that’s commonly seen. “The ED should screen for ‘x’” while completely ignoring what the ED is for. So much non-emergent stuff is added on to the ED’s responsibility that it starts to hinder being able to actually provide emergent care.
 
Gout=diabetes?

I'm not saying anyone was wrong here but I am somewhat surprised that severe headache unlike previous headaches didn't at least get him a bmp.

Details are scant, but from discharge to cardiac arrest was "days later". If he didn't get better, why didn't he go back to the ED? Or if he did get better, how can this be a problem the ED missed?
 
Gout=diabetes?

I'm not saying anyone was wrong here but I am somewhat surprised that severe headache unlike previous headaches didn't at least get him a bmp.

Details are scant, but from discharge to cardiac arrest was "days later". If he didn't get better, why didn't he go back to the ED? Or if he did get better, how can this be a problem the ED missed?

Doesn't matter. You can't expect nine mouthbreathers on a jury to understand that when they got a C- in high-school chemistry.
 
"Do a forum search" Lolz.
:joyful:

The Birdstrike multiplier is: "One hour spent in the ER = at least 1.5x hours doing any other job."

Oh, I forgot to add: "The 90% of Americans that are clueless, mouthbreathing idiots are sure to comprise any jury."
LMGTFY just came to mind. 😀

Probably more like 3x.
 
The video of the plaintiff attorney saying this should be a lesson for ERs everywhere to screen for diabetes really got to me. He should put his money where his mouth is and donate all his earnings from this lawsuit to fund an education program. Of course he won't do that. Gotta pay for that Bentley.
We should screen for HLD too.
 
@RustedFox
LMGTFY just came to mind. 😀

Probably more like 3x.

Post COVID, the law multiplier has strengthened from 1.5 to 2.5.

Any hour worked in Emergency Medicine takes the toll of 2.5 hours worked anywhere else:

T
EM = 2.5 (Tany)

It's the E = mc2 of EM. Write it in lipstick on your bathroom mirror. Tattoo it on the forearm of every premed and medical student. Brand it on your cattle.
 
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We should screen for HLD too.
Because of this?

 
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My wife and I were talking last night about various house-related stuff. Remodeling the kitchen, where to put this treadmill, what to do with the upstairs floor (tile? wood?), and she says to me:

"Don't take this the wrong way, but you wouldn't have to move all of those things and repack these things and (other task) if you were better at keeping things tidier in general."

She wasn't wrong. I agreed; offering no argument. She asked: "Like, why -are- you like that? You do drop anything anywhere, then when it gets to be too much, you dedicate time to put it ALL back?"

I said: "Babe, you don't understand how I actually feel mentally after 3 shifts."

"But you ONLY work 120 hours a month. That's part-time."

I told her about the Birdstrike multiplier. (Thanks, Bird!) She seemed to understand, but asked why it had this effect on me.

I said: "Because every shift sucks when you know for a fact that 90% of Americans are clueless, mouthbreathing idiots who cannot maintain the simplest of responsibilities to their health, then run to me once it all falls apart. They pay nothing for this care, demand it at any hour, and have the options to complain if they don't like it, or sue for any outcome they don't like; related or unrelated. So, when I get home, I just give up for a few hours and mourn the death of society, because I know for sure it is NOT getting any better in the future. I might have a few hours to myself before I *must* sleep, so I can go do it all again for the next 2-3 shifts, so I don't trouble myself with precision tidiness those days. I "reset and clean" only when that psychic assault is gone. You're an introvert by nature, and you simply choose to not deal with people. I'm highly extroverted by nature, and when the only people I see fail to demonstrate basic decency or even competency, it hurts my soul. Society is decaying, and I have a front row ticket and also can't leave my seat for 12 hours at a time."

That hit her right between the eyes. She watched as I went thru both my JACKPOT lawsuit, as well as the Rick and Morty lawsuit. She got it.

I'm off for the next 8 days. Gonna clean the master bedroom and closet, get rid of a lot of things that I need to get rid of, and enjoy lunch at my local taco joint.

But none of that changes how I cannot stand 90% of Americans. #GoingGalt.
I'm sorry man. I can empathize with this, 100%.
 
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My wife and I were talking last night about various house-related stuff. Remodeling the kitchen, where to put this treadmill, what to do with the upstairs floor (tile? wood?), and she says to me:

"Don't take this the wrong way, but you wouldn't have to move all of those things and repack these things and (other task) if you were better at keeping things tidier in general."

She wasn't wrong. I agreed; offering no argument. She asked: "Like, why -are- you like that? You do drop anything anywhere, then when it gets to be too much, you dedicate time to put it ALL back?"

I said: "Babe, you don't understand how I actually feel mentally after 3 shifts."

"But you ONLY work 120 hours a month. That's part-time."

I told her about the Birdstrike multiplier. (Thanks, Bird!) She seemed to understand, but asked why it had this effect on me.

I said: "Because every shift sucks when you know for a fact that 90% of Americans are clueless, mouthbreathing idiots who cannot maintain the simplest of responsibilities to their health, then run to me once it all falls apart. They pay nothing for this care, demand it at any hour, and have the options to complain if they don't like it, or sue for any outcome they don't like; related or unrelated. So, when I get home, I just give up for a few hours and mourn the death of society, because I know for sure it is NOT getting any better in the future. I might have a few hours to myself before I *must* sleep, so I can go do it all again for the next 2-3 shifts, so I don't trouble myself with precision tidiness those days. I "reset and clean" only when that psychic assault is gone. You're an introvert by nature, and you simply choose to not deal with people. I'm highly extroverted by nature, and when the only people I see fail to demonstrate basic decency or even competency, it hurts my soul. Society is decaying, and I have a front row ticket and also can't leave my seat for 12 hours at a time."

That hit her right between the eyes. She watched as I went thru both my JACKPOT lawsuit, as well as the Rick and Morty lawsuit. She got it.

I'm off for the next 8 days. Gonna clean the master bedroom and closet, get rid of a lot of things that I need to get rid of, and enjoy lunch at my local taco joint.

But none of that changes how I cannot stand 90% of Americans. #GoingGalt.

I’m a rheumatologist, but I also feel this so spiritually.

Wife occasionally asks me about why there’s “decompression time” after work etc. My explanation is similar: I just went through 20 visits, many of which involve people making poor decisions and blaming everyone else (including me!) for it, demanding magical fixes for unsolvable problems, watching government fail everything and everyone, etc etc. Not to mention me making actual good medical decisions and doing all the documentation….because somehow nowadays, documentation is the most valuable “product” of healthcare.

So by the end of it, I feel a bit like Jackie Chan in one of those king fu movies…taking on a rapid succession of 20 bad guys and then walking away casually, dripping in sweat. Except that you know he has to go somewhere and sit down after doing that. I do too.
 
I’m a rheumatologist, but I also feel this so spiritually.

Wife occasionally asks me about why there’s “decompression time” after work etc. My explanation is similar: I just went through 20 visits, many of which involve people making poor decisions and blaming everyone else (including me!) for it, demanding magical fixes for unsolvable problems, watching government fail everything and everyone, etc etc. Not to mention me making actual good medical decisions and doing all the documentation….because somehow nowadays, documentation is the most valuable “product” of healthcare.

So by the end of it, I feel a bit like Jackie Chan in one of those king fu movies…taking on a rapid succession of 20 bad guys and then walking away casually, dripping in sweat. Except that you know he has to go somewhere and sit down after doing that. I do too.
Not sure government can fix dumb though haha
 
Because of this?

Holy F bomb.
 
These jackpot verdicts are the single biggest factor for me wanting to leave medicine. Dude you’re fat, you’re diabetic, you got gout—bad **** is probably going to happen to you. Why is this an ER doctor’s fault? Meanwhile I suppose I’ll start ordering BMPs on headaches just in case.
 
These jackpot verdicts are the single biggest factor for me wanting to leave medicine. Dude you’re fat, you’re diabetic, you got gout—bad **** is probably going to happen to you. Why is this an ER doctor’s fault? Meanwhile I suppose I’ll start ordering BMPs on headaches just in case.

The thing is you can't protect against this.

Say the EP got labs. Ok his glucose is 500 without evidence of DKA or hyperosmolar state.

Gives fluids and discharges after.

Still comes back dead. You're still ****ed.
 
Everyone should know this case. Totally insane.

Somehow never saw that case. WHY didn't I read stuff like this before choosing EM as a specialty. This field is completely beyond cooked.

These nuclear verdicts are absolutely wild and now all too common. The judgement amounts are out of this world. Medmal lawyers must be licking their chops.
 
Somehow never saw that case. WHY didn't I read stuff like this before choosing EM as a specialty. This field is completely beyond cooked.

These nuclear verdicts are absolutely wild and now all too common. The judgement amounts are out of this world. Medmal lawyers must be licking their chops.
Why did I read The Rape of Emergency Medicine as a medical student and still pick it? The world may never know.
 
As a hospitalist physician, my patients get daily CBC, CMP, Mg, Phos +/- INR/ VBG. All, no exceptions.

Liberal imagine orders.

When I'm cross covering:
Headache > CT head.
Chest pain > EKG + Trop x2.
... etc

Clinical reasoning completely out of the window.

Defensive medicine for the win.

I pick my battles.

I sleep soundly every night. No stress.
 
The thing is you can't protect against this.

Say the EP got labs. Ok his glucose is 500 without evidence of DKA or hyperosmolar state.

Gives fluids and discharges after.

Still comes back dead. You're still ****ed.

That is correct.

As someone wrote on this forum once, a lawyer once said "if there is a bad outcome, i'll find fault whether it exists or not."

It's the main reason why I don't document as much as my colleagues anymore. And I spent a lot more time with patients.

Most documentation is not ultimately protective, and patients want to spend more time with doctors, so they leave more happy.
 
The thing is you can't protect against this.

Say the EP got labs. Ok his glucose is 500 without evidence of DKA or hyperosmolar state.

Gives fluids and discharges after.

Still comes back dead. You're still ****ed.

And one more thing.

There are 150 million ER visits a year.

Fancy AI said that there are 50–100 cases per year >$1M involving ER care (all payments, not just verdicts. So includes settlements.)

Risk per visit for an ER doctor is therefore 100/150,000,000 = 0.0000667%

The NNH per visit is 1,500,000. If you see 3000 patients a year for 25 years, and using the standard approximation for rare events: there is a 1 - e ^ (-75,000/1,500,000) = 0.049.

So a 4.9% chance over a 25 year career you get socked with a 1M verdict. (assuming one makes $500,000/year, over that 25 year the doc will make $12,500,000).



Sometimes one just gets stuck with the hot potato.
 
Woof. Hopefully an appeal cuts that to something coverable from their malpractice. Doubt it though. Next time I talk with my Chicago friends I’ll have to ask how they feel the climate is. I know New Mexico is somehow supposed to be like the worst in the country despite being a healthcare desert (pun intended).

The whole system is ridiculous. I’ve got a college friend who does personal injury (thankfully plaintiff against insurance only) who will call occasionally about eye stuff. At most a 10% hit rate of a real claim - no, that car wreck from 2 years ago didn’t cause your new retinal detachment.

At least you folks in theory only get sued on your own work. Thinking back through the suits brought against my group, most were due to some F up from a cataract surgeon we tried to fix (and usually managed to).
 
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I just don’t understand who these sell outs doing expert witness work for plaintiffs are KNOWING how bogus 99% of these suits are. Don’t we make enough money to not be desperate enough for this type of work?
 
That is correct.

As someone wrote on this forum once, a lawyer once said "if there is a bad outcome, i'll find fault whether it exists or not."

It's the main reason why I don't document as much as my colleagues anymore. And I spent a lot more time with patients.

Most documentation is not ultimately protective, and patients want to spend more time with doctors, so they leave more happy.
I’m not sure that’s going to decrease the chance of a lawsuit. It may help your patient satisfaction scores but someone who is going to bring up a frivolous lawsuit isn’t going to care if you sat down and if there’s real malpractice and damages they’re also not going to care.
 
As a hospitalist physician, my patients get daily CBC, CMP, Mg, Phos +/- INR/ VBG. All, no exceptions.

Liberal imagine orders.

When I'm cross covering:
Headache > CT head.
Chest pain > EKG + Trop x2.
... etc

Clinical reasoning completely out of the window.

Defensive medicine for the win.

I pick my battles.

I sleep soundly every night. No stress.
Until there is massive national tort reform I don’t fault you one bit
 
Woof. Hopefully an appeal cuts that to something coverable from their malpractice. Doubt it though. Next time I talk with my Chicago friends I’ll have to ask how they feel the climate is. I know New Mexico is somehow supposed to be like the worst in the country despite being a healthcare desert (pun intended).

The whole system is ridiculous. I’ve got a college friend who does personal injury (thankfully plaintiff against insurance only) who will call occasionally about eye stuff. At most a 10% hit rate of a real claim - no, that car wreck from 2 years ago didn’t cause your new retinal detachment.

At least you folks in theory only get sued on your own work. Thinking back through the suits brought against my group, most were due to some F up from a cataract surgeon we tried to fix (and usually managed to).
Trust me, we get sued for things unrelated to our work.
 
I’m not sure that’s going to decrease the chance of a lawsuit. It may help your patient satisfaction scores but someone who is going to bring up a frivolous lawsuit isn’t going to care if you sat down and if there’s real malpractice and damages they’re also not going to care.

I tend to disagree with that, but I’m biased because I talk to them more.

ER is easy when you have a firm diagnosis, but it’s the nebulous cases where there can be some harm if when discharged or the pt is led to believe “there is nothing wrong” which is what most think when discharged without a diagnosis.

Or the cases where dispo could go both ways (admit or discharge.).

I think we all try to suss out the higher risk patients and do more for them, as do I.

If a traumatic ankle pain has a neg xr, sent home with an ace wrap, and something catastrophic happens 3 days later, then there is nothing any doctor can do to prevent a lawsuit. Even if I talk to them for 20 mins. Which I don’t for ankle sprains. They get the 2 min spheel from me just like everyone else gives.
 
1. Why would this case be heard in Cook County (Chicago) when the hospital was located in Champagne County (Urbana) a 140 miles and 6 counties away?

2. The event took place in 2022. Last year this hospital was taken over my a larger regional hospital organization. Could this case have been why that action happened?
 
Lawsuits, press gainey, complaints, grievances blah blah blah

Make your money and get out this field is cooked
The same can be said about many other specialties in the house of medicine.

That said, I’m 100% percent on board with the idea of ‘make your money and gtfo’ or some version thereof. Every extra shift worked is an extra chance you’ll piss off a patient get peer reviewed etc, so work the minimum amount of shifts you need and no more, ESPECIALLY when it comes to nights.
 
The same can be said about many other specialties in the house of medicine.

That said, I’m 100% percent on board with the idea of ‘make your money and gtfo’ or some version thereof. Every extra shift worked is an extra chance you’ll piss off a patient get peer reviewed etc, so work the minimum amount of shifts you need and no more, ESPECIALLY when it comes to nights.

Every time my squirrel sense is activated, I have an RN witness in the room.
I've had a patient go to the police and file assault charges when I never touched her.
Thank God security was right there, ten feet away in a chair to witness my interaction.
 
The same can be said about many other specialties in the house of medicine.

That said, I’m 100% percent on board with the idea of ‘make your money and gtfo’ or some version thereof. Every extra shift worked is an extra chance you’ll piss off a patient get peer reviewed etc, so work the minimum amount of shifts you need and no more, ESPECIALLY when it comes to nights.
Too many people with too much of a voice.
 
Would absolutely never practice there. I'm surprised physicians still do.
The hospital where it happened is actually not in Cook County, it's in Champaign County. However, Illinois plaintiff lawyers are notorious for having the trial moved to more sympathetic counties... Cook County is bad, but Madison County (outside St. Louis) is maybe worse.

If you like those Illinois locums rates, this headache is unfortunately part of the deal.
 
Gout=diabetes?

I'm not saying anyone was wrong here but I am somewhat surprised that severe headache unlike previous headaches didn't at least get him a bmp.

Details are scant, but from discharge to cardiac arrest was "days later". If he didn't get better, why didn't he go back to the ED? Or if he did get better, how can this be a problem the ED missed?
I usually agree with you, but a BMP does not play a routine role in the workup of headache. Perhaps there was something in the HPI or PE that we don't know which should have prompted one, but labs are not a routine part of headache evaluation.
 
Because of this?

"mere months after discharge" 🤦‍♀️
 
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That is correct.

As someone wrote on this forum once, a lawyer once said "if there is a bad outcome, i'll find fault whether it exists or not."

It's the main reason why I don't document as much as my colleagues anymore. And I spent a lot more time with patients.

Most documentation is not ultimately protective, and patients want to spend more time with doctors, so they leave more happ
Seems that we have to write strong mdms and become each pt’s best friend and give them a foot massage before dc
 
Seems that we have to write strong mdms and become each pt’s best friend and give them a foot massage before dc

Honestly I think it's to the point where if you don't do 100% of what the patient wants you're risking a lawsuit, grievance, state complaint, etc.

Problem is, doing what the patient wants also risks pissing off nursing, hospitalist, consultants, admin for "using resources" which then leads to other problems.

You really can't win. Honestly, I feel like every shift lately is me trying to thread the needle just right to minimize the number and degree of pissed off people while also providing good medical care (which seems to be the least important part of our jobs).
 
I’m not sure that’s going to decrease the chance of a lawsuit. It may help your patient satisfaction scores but someone who is going to bring up a frivolous lawsuit isn’t going to care if you sat down and if there’s real malpractice and damages they’re also not going to care.

Oh it definitely does help. I review 1-2 malpractice suits a month for initial review for Teamhealth and maybe 10% of them are truly frivolous in nature. Most of them seem to be placed for other reasons (families searching for answers as to why their loved ones died and feeling like their concerns were dismissed). A fair portion of the suits seem like they might not have been filed had the physician come across as concerned. An extra couple of seconds to validate their concerns, even if their concerns are eye rolling, would avoid some lawsuits. And showing concern for patients in the charting would always help in terms of a jury.
 
Oh it definitely does help. I review 1-2 malpractice suits a month for initial review for Teamhealth and maybe 10% of them are truly frivolous in nature. Most of them seem to be placed for other reasons (families searching for answers as to why their loved ones died and feeling like their concerns were dismissed). A fair portion of the suits seem like they might not have been filed had the physician come across as concerned. An extra couple of seconds to validate their concerns, even if their concerns are eye rolling, would avoid some lawsuits. And showing concern for patients in the charting would always help in terms of a jury.

No, it wouldn’t just because you say no to something doesn’t mean it won’t be filed because one lawsuits are about money and bad outcomes.

Lawyers often cycle cases to be read by multiple docs and they find one who wants money to say yes.

For example this case the person died months after don’t follow up but since they are entitled to be seen in the ED they can sue.

You can’t sue officers you can’t sue fireman but you can sue the doctor who has to see you
 
Honestly I think it's to the point where if you don't do 100% of what the patient wants you're risking a lawsuit, grievance, state complaint, etc.

Problem is, doing what the patient wants also risks pissing off nursing, hospitalist, consultants, admin for "using resources" which then leads to other problems.

You really can't win. Honestly, I feel like every shift lately is me trying to thread the needle just right to minimize the number and degree of pissed off people while also providing good medical care (which seems to be the least important part of our jobs).
100%