Sloppy Prescribing and “Unlearned Intermediary” Law

Movantik Ad for OID Mike Magee The term “learned intermediary” is a legal term, first used in 1966, and defined by the Fifth Circuit Court as follows: “Prescription drugs are likely to be complex medicines, esoteric in formula and varied in effect. As a medical expert, the prescribing physician can take into account the propensities […]

Fundamental Malpractice Reform Requires National Rational HC System

President-Elect and HHS Nominee Mike Magee President-Elect Trump announced today his nomination of Congressman Tom Price for HHS Secretary. Dr. Price, an orthopedic surgeon, steeped in organized medicine politics, has a conservative record of supporting small government, state’s rights, and malpractice reform. But if he truly wants to address medical liability and its impact on […]

Why Are Medical Malpractice Rates Falling?

Mike Magee The finding is in. Malpractice awards against physicians are falling dramatically. The only two questions are “Why?” and “What does this have to do with quality health care, if anything?” First the numbers. The JAMA study this week found: 1. Physicians paid claims decreased from 18.6 to 9.9 paid claims per 1,000 physicians […]

Could Don Berwick Use Medicare To Test Linking Medical Liability Reform To The Patient Safety Movement?

Mike Magee Despite all the progress in scientific research and technological advancements, at its core, health care remains a huge and complex human endeavor struggling for perfection. How huge? 900 million office visits and 35 million hospital discharges per year.(1) How complex? Complex enough to have spurned a massive defensive and litigious malpractice system whose […]

Medical Malpractice Reform

Why Obama Deserved the AMA Standing OvationWhen President Obama recently addressed the American Medical Association (AMA) and signaled support for malpractice reform, he received a standing ovation. No surprise there. But the truth is this reform is long overdue, and will better serve the people as well as those caring for the people. Medical malpractice […]