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114. An Insider’s Guide to Medical Malpractice | Why the US system is so peculiar and how to navigate the morass

Nov 27, 2023

Mark Brown, MD, JD discusses the nature of medical malpractice lawsuits, the contrasting nature of law and medicine, systemic elements that fuel lawsuits in the US, reduction practices, fear and stigma of the National Practitioner Data Bank, differences in US medical malpractice system, understanding risk aversion, deposition process, significance of being a compassionate doctor.

53:25

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Episode guests

Mark Brown

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Quick takeaways

Educating patients about medical risks can help align incentives and make informed decisions.

Understanding the nuances of medical malpractice and the factors that contribute to lawsuits can help reduce apprehension and provide a more realistic perspective.

Being a competent and up-to-date physician, fostering positive patient relationships, and recognizing the limitations of documentation can significantly reduce the likelihood of lawsuits and alleviate stress.

Deep dives

Risk aversion and misalignment of incentives

When there is a misalignment of incentives between doctors and patients due to differences in risk aversion, it can lead to challenges in healthcare decisions. Patients may prefer to go home despite potential risks, while doctors prioritize patient safety. Educating patients about medical risks can help align incentives and make informed decisions.

Jury System in Medical Malpractice Cases

01:30

Impact of Risk Aversion on Patient Care and Lawsuits

02:22

Limitations of Charting in Patient Visits

01:41

Laws of Nature vs Legal Code

01:46

Introduction

6min

The Differences Between Law and Medicine and Navigating the Legal System

5min

The Fear and Stigma of the National Practitioner Data Bank

17min

Understanding the Peculiarities of the US Medical Malpractice System

2min

Understanding Risk Aversion and Malpractice in Medicine

3min

The Deposition Process: A Critical Step in Medical Malpractice Lawsuits

18min

Reflections on Case Review and the Importance of Being a Compassionate Doctor

3min

The specter of medical malpractice lawsuits looms large for many clinicians, but according to Mark Brown, MD, JD, this anxiety may be disproportionate to the actual risk. In this discussion, we explore the contrasting nature of law and medicine, the unpredictable and capricious nature of legal proceedings, the systemic elements that fuel the high number of medical malpractice lawsuits in the United States, and several practices to reduce the risk of lawsuits.

Guest Bio:

Mark W. Brown, M.D., J.D., holds a JD from Harvard Law School (1970), and an MD from Dartmouth Medical School (1982). His career includes roles in the Los Angeles District Attorney's Office, criminal defense practice, and teaching law at Southwestern School of Law. In medicine, he completed his internship and residency in Emergency Medicine at Presbyterian Hospital, San Francisco, and UCLA and is currently an emergency physician at Antelope Valley Medical Center and clinical faculty member at UCLA School of Medicine.

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For full show notes of this episode and all sorts of other goodies, visit our podcast website

We Discuss:

The Fundamental Difference Between Law and Medicine
Should you be worried about the National Practitioner Data Bank?
Can Getting Sued Lead to Getting Sanctioned by the Medical Board?
The Odds of Getting Sued
Three Reasons Why The US Has So Many Malpractice Suits
Should You Push For Settling a Lawsuit?
The Plaintiff's Attorney Is Not Your Friend, Even If They Act Like It
When the Doctor's Med Mal Fear Supersedes the Patient's Risk Tolerance
What's Really Happening in a Deposition
High Yield and Low-Cost Ways to Reduce Med Mal Risk and Anxiety
There's a Big Ticket Item That Your Documentation Doesn't Capture
What to do About Hindsight Bias

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Stimulus - Learn Tools to Crush It in Your Medical Career

114. An Insider’s Guide to Medical Malpractice | Why the US system is so peculiar and how to navigate the morass

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

Deep dives

Risk aversion and misalignment of incentives

The specter of being sued and apprehension

The capricious nature of the legal system and persuasive arguments

Reducing risk and stress through competence and good patient communication

Understanding the limitations of documentation and the impact of hindsight bias

Jury System in Medical Malpractice Cases

Impact of Risk Aversion on Patient Care and Lawsuits

Limitations of Charting in Patient Visits

Laws of Nature vs Legal Code

The Flameproof Course

Remember Everything You Learn from Podcasts