HealthCommentary

Exploring Human Potential

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 […]

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 […]

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