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Lojack For Surgeons, and Happy Medical Liability Executives

Posted by Andrew J. Barovick | Oct 10, 2010 | 0 Comments

Florida's medical malpractice liability insurers have been profiting for the past 6 years. New liability companies apparently can't wait to write medical malpractice “products” there.  Here is the News Press's take on how robust Florida's market for medical liability insurance has become.

And as Alan Belsky points out in in his firm's blawg, Maryland Malpractice Lawyer , this comfort level for the insurance companies is not confined to Florida. In Pennsylvania, a physician-supported pool saw a 61% decline in claims, and there has been an exponential rise in liability insurers wanting to do business there.

Why do I point this out?  Because unfortunately, the AMA,insurance industry lobbyists,  and  politicians across this country, are continuing their urgent calls for tort “reform,” claiming that doctors are fleeing, or hanging it up altogether, due to the medical malpractice “crisis.”  But if that were true, who are the profitable medical liability companies profiting from?  And why are more of them opening up shop?  That's right.  There are plenty of doctors around, and they all have to buy insurance.

And in medical-legal news, RF (radio frequency) tags are proving to be an excellent tool in the effort to decrease the leaving behind of surgical sponges in patients following surgery, according to OutpatientSurgery .  The RF tags embedded in the sponges  work like the anti-theft tags used in retail stores, and nurses need only pass an RF detection wand over patients to discover what the sponge count failed to account for.  Current studies claim there are also no false positives or negatives.  Lojack has arrived in the OR, and we are better off for it.

About the Author

Andrew J. Barovick

Mr. Barovick is a graduate of Columbia College and Cardozo School of Law. He began his legal career at the Queens District Attorney’s Office, where he tried over 20 felonies to verdict, and argued an equal number of appeals before the Appellate Division, Second Department, the New York Court of Appeals and the United States Court of Appeals for the Second Circuit.


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$7.9 million dollars for infant client who suffered severe brain injuries due to post- delivery medical malpractice.

$500,000 wrongful death/medical malpractice settlement on behalf of patient brought to hospital emergency room with serious injuries who suffered complications while unmonitored and died.

$425,000 wrongful death/medical malpractice settlement during trial on behalf of senior hospital patient whose surgeon failed to timely address her worsening symptoms, resulting in her death.

$250,000 to young man whose physician failed to diagnose an impending torsion testicle, causing the loss of the affected testicle.

$200,000 to young mother whose OB/GYN failed to timely diagnose and treat her ectopic pregnancy, resulting in excruciating, long-term pain and the need for surgery to address the ectopic pregnancy once it was diagnosed.