Politics and Malpractice

Dr. Steven Anagnost is a doctor in Oklahoma and, like many other physicians in the state, works in several practices and sees patients frequently. His career, nevertheless, has been distinct from several other doctors in the United States, as well as Oklahoma, largely due to his involvement with politics.

In 2010, the Oklahoma State Board of Medical Licensure began inquiring and preparing to revoke Dr. Anagnost's license after several patients suffered injury and even death after getting treatment from him. In addition, he was accused of billing for surgeries he had not performed and of improperly implanting spinal devices which he'd been paid to promote. Dr. Anagnost paid several malpractice settlements out of his own pocket rather than use his malpractice insurance.

Prior to the investigation, Dr. Anagnost had made contributions to Rick Perry's political campaign. After learning of the investigation, Perry called the Governor of Oklahoma, Mary Fallin. Fallin's general counsel, Steve Mullins, met in March 2013 with the Oklahoma State Board of Medical Licensure and Perry's phone call was part of the discussion which resulted in the dismissal of the investigation.

The media reports about Perry's phone call and Fallin's involvement surfaced two years later because a civil lawsuit against Dr. Anagnost continued in state court.  The Democratic Party in Oklahoma has called for investigation into Mullins and Fallin for possible ethical and legal violations. Fallin's office has denied wrongdoing, though time will tell whether an investigation will demonstrate otherwise.

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Medical Malpractice And Social Media: Is It A Bad Mix?

Social media is an integral part of our culture; it can have bad and good effects on lives. Many things can go wrong when sharing or posting even seemingly benign things. Occasions have arisen where a person who has committed a crime will post or share the things they have done. In medical malpractice cases, social media can have a direct effect on both sides of the case.

For those who have a public social networking account, you are making it open for anybody to view to determine if you are being fraudulent.  If certain things are shared, this can reveal evidence that might have been useful. A public profile can be applied to discern how credible a claim really is.

Using social media during a medical malpractice case can provide the opposing lawyer a good tool. It may seem you are placing a simple photo or post, however it might have a negative effect on your case.

Many lawyers advise clients even to stay entirely away from social-media or to be very aware of the things they post on social media during an ongoing case.

Social media is now a huge section of our culture; nevertheless it might have adverse outcomes. It is crucial that you understand the consequences that may result from social media use.

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Petextrians - Dangers of Distracted Walking:

The proliferation of our electronic devices, such as smartphones, has allowed humankind to keep in touch with a universe of information at a finger swipe.  This has not only given rise to the problem of distracted driving, but distracted walking as well.

We have all seen people wandering down a city sidewalk never taking their eyes off of their screen.  ABC News has reported that this trend has caused an increase in injuries and even deaths to people that are walking while distracted.

The problem is not simply these distracted walkers walking into objects or other people while on the sidewalk, but also when they attempt to cross a street without noticing the color of the traffic signal, resulting in pedestrians being severely injured or killed by being hit by traffic.The fatality rate for pedestrians killed while using a handheld device has risen from 1% in 2004 to 3.5% in 2010.  The number of people injured while walking and using cell phones has doubled since 2005.

State and local governments have become concerned over the increases in deaths due to distracted walking.  Some have taken action including lowering speed limits for cars in some urban areas, fining people who are caught while walking distracted, and initiating awareness campaigns.

People who have caused injuries while walking distracted can be sued, according to Find Law.  People who walk into traffic while using their phones can be found at fault for the accident and, at the very least, find their awards reduced by a jury.

Most importantly to remember is, when using the phone while on a city street, it is best to stop walking and get out of the way of pedestrian traffic until finished.

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Nondisclosure Agreements in Medical Malpractice

The amount of a financial settlement in medical malpractice cases often gets a lot of coverage in the media, especially if it is in the millions.  However many settlements include nondisclosure agreements.  Those cases rarely receive any attention even if they can have widespread or significant consequences.

Researchers at the University of Texas recently found that nearly nine in ten settlements withing the university health system involved nondisclosure agreements.  The University of Texas medical care system provides medical malpractice insurance for more than 6,000 physicians at six campuses in five different cities in Texas.   

The Journal of the American Medical Association recently reported on the study that was done by these University of Texas researchers.  Of the time periods that were studied, researchers found that there were 715 medical malpractice claims closed, and 150 settlements were reached.  Nearly 50% of the nondisclosure provisions prohibited discussion by patients and family about the details of the medical errors.  In 9% of these settlements, doctors and hospitals were also prohibited from discussing the cases and any related medical errors.

Although the study focuses on just one medical system, the information can be pertinent to other large medical systems and the healthcare industry as a whole.  Preventing the disclosure of important information, especially to state boards, can have negative long-term effects.  For example: future patients of the physician will not have access to pertinent information regarding the physicians past record; and hospitals cannot address problems or take steps to correct them if all relevant information is kept confidential.

Many healthcare professionals agree that while nondisclosure agreements are legally valid, they can have a negative effect on patient safety because they discourage honest and open discussion of medical errors or mistakes.  It may be time to reevaluate the inclusion of nondisclosure agreements in medical malpractice settlements.

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