Issue: August 2018
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Urological Disorders and Urinary Dysfunction: Litigation Caution Signs

Introduction

Urology Liability Risks

Urological injuries occur often, sometimes resulting in difficult, painful, or emotionally fraught problems for the patient and potential health provider liability. The use of transvaginal mesh products has resulted in patient suffering and significant litigation. The rate of urological injury has been a significant concern.

 

Early diagnosis and intervention of the many potential urological injuries is important for the best possible outcome.

 

It has been found that injuries to the urinary tract, particularly the ureter, are the most common cause for legal action against gynecologic surgeons.

 

Attorneys, physicians, insurers, employers, manufacturers, and other potential parties to litigation need to understand the types of litigation issues that may arise in connection with a urological injury.


The Perspectives: Improve Your Strategy

Attorneys:

What proof is needed for a medical malpractice claim involving a urological injury? And, what is a potential strategy for the attorney to employ?

Physicians:

How can liability for medical malpractice be avoided for a urological injury? And, what is a potential strategy for the physician to employ?

Insurers:

Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for the patient’s urological injury? And, what is a potential strategy for the insurer to employ?

Employers:

Can an employer be subject to liability for an employee’s urological injury? And, what is a potential strategy for the employer to use?


Practice the Technique: Checklists

Attorneys:

Check this list of facts and circumstances tending to show a provider’s liability for malpractice or negligence related to a urological disorder, dysfunction, or injury.

Physicians:

Presented is a checklist of items a physician must consider when defending against claims of malpractice or negligence related to a urological disorder, dysfunction, or injury.

Insurers:

The insurer should check these “red flags” and inconsistencies when investigating a claim of malpractice or negligence relating to a urological disorder, dysfunction, or injury.

Employers:

Presented is a checklist of items an employer must consider when determining if the employee’s urological disorder, dysfunction, or injury is compensable.

Expert Analysis

Is Telemedicine the Future of Urological Patient Care?

Richard J. Boxer, MD

What Principles Guide Overlapping Urological Surgeries?

Mark T. Edney, MD, MBA, FACS

What Are the Differences in Traditional and New Surgical Procedures in Urology?

Richard D. Levin, MD, FACS

Litigation

Alternative Dispute Resolution

Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.


Reasons to Reach Settlement

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.


Reasons to Go to Trial

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.


Jury Awards and Settlements

How much have juries awarded and what settlements have been reached recently in cases involving urological injuries?



Medical Examples

Urological Disorders and Urinary Dysfunction

This section provides detailed medical information on urological disorders and urinary dysfunction including discussing the urinary tract, common disorders and conditions, the symptoms and diagnosis of specific urologic problems, and testing and treatment procedures. Also discussed is the patient’s prognosis and ability to work.



Law and Medicine Resources

Law and Medicine Resources

Provided is a listing of law and medical resources for further information on urological disorders and urinary dysfunction.


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Urological Disorders and Urinary Dysfunction: Litigation Caution Signs

Table of Contents
Introduction

Expert Analysis
   Richard J. Boxer, MD
   Mark T. Edney, MD, MBA, FACS
   Richard D. Levin, MD, FACS

The Perspectives: Improve Your Strategy
   Attorneys
   Physicians and Health Providers
   Insurers
   Employers and Risk Managers

Practice the Technique: Checklists
   Attorney Checklist
   Physician Checklist
   Insurer Checklist
   Employer Checklist

Alternative Dispute Resolution

Reasons to Reach Settlement

Reasons to Go to Trial

Jury Awards and Settlements

Urological Disorders and Urinary Dysfunction

Law and Medicine Resources