WEEKLY BULLETIN: 20 FEBRUARY 2015

WEEKLY BULLETIN: 20 FEBRUARY 2015

A covenant of trust.
“The goals of medicine as a profession dedicated to healing and caring of the sick in a
dignified manner depend very much on a stable and trusting doctor-patient
relationship…Adopting a patient centered philosophy in the doctor-patient relationship
imposes the duty on doctors to do the utmost in caring for patients, and allows the sick to
claim their right to humane and dignified care from doctors. As suggested in an editorial
in Lancet a year ago, the terms “patient”, and not “customer” or “client” as some would
advocate, best portrays this fiduciary nature of the relationship. Only by restoring the
element of trust in this ageless patient-physician covenant, can the soul of the medical
profession be restored and preserved regardless of technological and social changes in
society”. The full article can be read at: http://www.uni-hildesheim.de/~beneke/WS03-
04/Thesen04.pdf.
10 Things You Want To Know About Medical Malpractice
By Demetrius Cheeks
Fact: According to the Journal of the American Medical Association (JAMA), medical
negligence is the third leading cause of death in the U.S.—right behind heart disease and
cancer.
In 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout
every 43 minutes.
Alarming, right?
But there are things that you can do to avoid becoming an unfortunate part of these
statistics—to be your best health-care advocate. Jason Konvicka, a partner in the Virginiabased
law firm of Allen, Allen, Allen & Allen, should know.
Named as one of the state’s “Super Lawyers,” the seasoned trial attorney has won some of
the largest personal-injury awards on record in the state, and recently secured the largest
malpractice award in Virginia state court history.
LearnVest sat down with Konvicka to discuss troubling trends in medicine and hear his
advice on how people can lessen their risk of encountering medical malpractice.
Jason Konvicka: Medical malpractice occurs when a health-care provider deviates from
the recognized “standard of care” in the treatment of a patient. The “standard of care” is
defined as what a reasonably prudent medical provider would or would not have done
under the same or similar circumstances. In essence, it boils down to whether the provider
was negligent.
How do you determine if someone is the victim of medical negligence?
A malpractice claim exists if a provider’s negligence causes injury or damages to a patient.
However, experiencing a bad outcome isn’t always proof of medical negligence. Also, on
occasion, health-care providers will inform a patient that the person has received negligent
medical care from a previous health-care provider and—presumably in an effort at

complete honesty—will sometimes tell a patient that they, themselves, have made a
mistake.
Another motivating factor: A quick, honest “apology” might prevent a future claim, or
provide an opportunity for a settlement without the need for litigation. Insurance
companies typically want to settle with an injured person directly if they can, and this
allows them to do so before the full extent of injuries are known, as well as preventing the
injured person from hiring an attorney who could increase the settlement value of the claim
through their representation.
It’s vital to note, however, that the prosecution of medical malpractice cases—in addition
to having a high likelihood of failure—can be extremely expensive, stressful and timeconsuming.
It’s estimated that medical errors kill roughly 200,000 patients in the U.S. each
year. Yet only 15% of the personal-injury lawsuits filed annually involve medicalmalpractice
claims, and more than 80% of those lawsuits end with no payment whatsoever
to the injured patient or their survivors.
Consequently, most experienced medical malpractice attorneys will not pursue a case
unless the injuries and damages documented in the records—after they’ve been reviewed
by an expert in the pertinent specialty—are substantial and justify it.
What should you do if you suspect that you’ve been subjected to negligent care? Is
there a statute of limitations?
Contacting a seasoned malpractice attorney should be the first step. A thorough review of
the case details—this includes everything from securing pertinent medical records to
interviews with the patient, family members and friends—should be conducted by the
attorney to determine whether the case is actionable.
Statutes of limitation—deadlines by which a lawsuit must be filed or be permanently
barred—differ from state to state, as do the procedural requirements that must be met
before a medical-malpractice lawsuit is filed. It’s always best to seek guidance from an
attorney licensed in the state where the alleged malpractice occurred.
What can patients do to lessen the likelihood that they’ll experience medical
malpractice?
Being proactive about medical care is undoubtedly the best step. Patients should do
research to understand their health condition, and document their symptoms. They should
ask health-care providers a written list of questions that they feel are important, and
expect—indeed, demand—full and complete answers.
It’s also critical not to allow yourself to be intimidated by the medical system. Speak up
and advocate for your own well-being. If patients sense that something is wrong, they
should tell—or ask—their health-care providers. Although it’s important to trust your
doctor or nurse, it’s also important to listen to your body … and use common sense. Also
advisable: Have a family member or friend accompany you on important visits to healthcare
providers.

In your 20 years of practice, have you detected any shifts in the handling or
perception of medical malpractice?
Proponents of “tort” or “malpractice” reform often argue that there are too many medicalmalpractice
claims. In reality, the number of claims is declining.
Despite this, the perception of “lawsuits gone wild” exists. As a result, many states have
imposed substantial limits on damage awards in medical-malpractice claims. These award
limits typically have the greatest impact on patients who are most gravely hurt—those with
catastrophic injuries and a lifetime of future medical needs. And patients who are denied
justice in the courts must rely on health insurance and, in many instances, such public
programs as Medicare or Medicaid to pay their future medical bills—leaving the cost of
medical malpractice to the public instead of the responsible party.
What are some of the most common reasons why legitimate medical-malpractice
claims go unexplored?
Patients choose not to pursue valid medical-malpractice claims for numerous reasons:
Some are concerned that other doctors will learn of their cases and refuse to treat them.
Some fear—incorrectly—that it will lead to an increase in the cost of their medical care.
And others forgo valid claims due to the perceived personal and financial costs associated
with litigation.
Are there certain medical procedures that are consistently at the root of medicalmalpractice
suits?
In my experience, it’s the health-care provider’s mental state more than the type or severity
of a given procedure that’s relevant to whether a mistake occurs. Complacency often leads
to errors. Likewise, “tunnel vision,” or the failure to look at the big picture, can also lead
to medical mistakes.
What types of cases have been the most illuminating for you?
Although the medical school adage of “treat the patient and not the test” has value, it’s also
important for health-care providers to carefully assess the information provided by the tests
that they order. I’ve witnessed many instances in which highly abnormal test results were
either interpreted incorrectly or disregarded by physicians—sometimes with fatal
consequences.
Have your experiences as a malpractice attorney affected your perception of doctors?
If anything, I have more respect for physicians and the challenges that they face. However,
I don’t believe that doctors should be treated differently than others when they make
mistakes that cause serious harm to patients.
With regard to the medical establishment, I’m a bit more jaded. Hospital systems and
health-insurance companies significantly impact the quality of medical care that patients
receive, and, in my opinion, that impact is not always for the best.
Any final parting words of advice?
Don’t be afraid to get a second opinion! And don’t be afraid to find a new doctor if you
don’t feel that you’re receiving proper medical care. Your health is too important to place
in the hands of a provider who hasn’t earned your confidence, isn’t answering questions
or isn’t giving you—or your condition—adequate time and attention.
The above article was sourced at http://www.forbes.com/sites/learnvest/2013/05/16/10-
things-you-want-to-know-about-medical-malpractice/2/.

Bid to cap medical malpractice payouts
Durban - Health Minister Aaron Motsoaledi has put a radical plan on the table to limit
payouts to victims of medical malpractice. Instead of lump sum payouts, for those who
successfully sued the state, the minister wants them to be paid in instalments, which would
cease on death, with no payments going to their families. And rather than cash payment
for future medical expenses, a claimant would instead have to use public health facilities.
The sweeping reforms, which would require changes to the law, have been proposed by
Motsoaledi in an effort to put a cap on the spiralling medical negligence claims facing the
state. During the 2012/2013 financial year, the KZN Department of Health faced medical
negligence claims totalling almost R1 billion (more than R992 million). This was R300
million more than the previous financial year. There were 306 medical negligence claims
in Gauteng, amounting to R1.286 billion while the Eastern Cape department faced lawsuits
in excess of R875-million in the same financial year. Read the full article at
http://www.iol.co.za/news/politics/bid-to-cap-medical-malpractice-payouts-
1.1813364#.VOSPRmccRMw
Medical negligence costs ‘threat’ to National Health
Service
A soaring bill from medical negligence damages has become a threat to the National
Health Service, says one of the most senior business figures in Whitehall. He said there
was a question as to whether patients should lose their right to sue. The NHS Litigation
Authority, which provides indemnity cover for legal claims against the health service, has
set aside £26.1bn to cover outstanding liabilities, equivalent to almost a quarter of the
£113bn annual health budget: £1.6bn was paid out last year.
The number of claims rose almost 18 per cent in the year from March 2013. Jeremy Hunt,
the health secretary, will on Wednesday announce financial sanctions for hospitals that
fail to be honest about clinical mistakes, in a sign of growing concern about compensation
costs. Read the full article at http://www.ft.com/cms/s/0/f4da10f6-a255-11e4-9630-
00144feab7de.html#axzz3S6NNZtrG
Delhi govt asked to pay Rs 8L for medical negligence at
LNJP
New Delhi: The apex consumer commission has asked the Delhi government to pay over
Rs 8 lakh to the kin of a 46-year-old man who died due to "gross negligence" at the staterun
LNJP hospital while being subjected to radiotherapy.A bench of National Consumer
Disputes Redressal Commission (NCDRC), presided by Justice D K Jain, asked the Delhi
government to pay Rs 8.25 lakh to the wife and three children of Ghaziabad resident
Ramveer Singh, who died in October 2004. Read the full article at
http://zeenews.india.com/news/delhi/delhi-govt-asked-to-pay-rs-8l-for-medicalnegligence-at-lnjp_1538142.html

ICC CRICKET WORLD CUP
SOUTH AFRICA V ZIMBABWE IN NUMBERS
Here's a look at the few records broken during the third match of the ICC Cricket World
Cup 2015. It is only the second day of the ICC Cricket World Cup 2015 but already the
runs are raining down and the records continue to be broken.In Hamilton, fans at Seddon
Oval were treated to big hitting from both South Africa and Zimbabwe, where a World
Record was also smashed.Here are the numbers that mattered in Hamilton:
256 – David Miller and JP Duminy’s fifth-wicket partnership was not only a World
Record, it also completely changed the tone of the match. South Africa’s situation was
starting to look dire at 84-4 before the pair took control, smashing their way to an
unbeaten 256-run stand.It blitzed the previous record of 226* set by Eoin Morgan and
Ravi Bopara against Ireland in 2013.
146 – The number of runs scored by Miller and Duminy off last ten overs, carrying South
Africa from 193-4 to 339-4. A massive 96 of those runs came off the final five overs, a
run rate of 19.2.
138* and 115* - Miller and Duminy both scored tons, in only the third time both the
No.5 and No.6 batsman scored 100s in the same innings.

HIGH-FLYING INDIA CRUISES TO VICTORY
The Adelaide Oval, packed and vibrant as it savoured cricket’s most colourful rivalry, was
a theatre of dreams on a memorable Sunday. India v Pakistan on any cricket field is
guaranteed to be an unmissable event. When it is on a stage as grand as the ICC Cricket
World Cup, in front of 41,587 passionate fans, it makes for the kind of spectacle that few
other sporting showdowns can rival. India, the defending champion, came into Sunday’s
(February 15) game short on form. It hadn’t won any competitive game in Australia for
nearly three months, including a four-Test series and a tri-series that also included England.
Pakistan carried momentum and ‘feel-good’ into this game, having put it past Bangladesh
and then England, if only in the warm-up games. This was to have been Pakistan’s best
chance to arrest a five-match losing streak to India in ICC Cricket World Cups. However,
an energised Indian team ensured a sixth World Cup win over its neighbour. Mahendra
Singh Dhoni roused themselves into a thrilling display. Virat Kohli’s 22nd One-day
International century, which split entertaining half-centuries from Shikhar Dhawan and
Suresh Raina, set up India’s impressive 300 for 7. The bowlers then stepped up, impressing
with not just their intent but also their execution, they joined hands in a rip-roaring
collective exhibition to bowl Pakistan out for 224. Victory on the night by a massive 76
runs.
BANGLADESH SPOILS WORLD CUP DEBUT FOR
AFGHANISTAN
When Bangladesh slumped to 119 for 4 in the 30th over, Afghanistan was in clover on its
World Cup debut. But superb half-centuries from two former captains, Mushfiqur Rahim
and Shakib Al Hasan, led Bangladesh to 267 all out, a total that proved far beyond the
ambit of the new boys, who started disastrously with the bat and never recovered. Mashrafe
Mortaza, the captain who had been one of the heroes of the victory over India at the 2007
World Cup, finished with 3 for 20 as Bangladesh started its campaign with a 105-run
triumph in Canberra on Wednesday (February 18). See http://www.icccricket.com/cricket-world-cup/news/all-news