Inside Medical Malpractice

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In this brief, but personal episode of ‘Inside Medical Malpractice’ Nova Scotia lawyer Ray Wagner talks about his day-to-day life, his busy mind, and the honourable motivation behind everything he does.  He shares how his lifetime love of the nature, and the great outdoors provides joy and distraction from the hard work of running his own firm, and the surprising alternate career path he might have chosen if he weren’t a lawyer. Learn about Ray’s strategy for success, the advice he’d offer his younger self and the people who have influenced the way he lives his life.  Ray speaks about himself with an openness and honesty that feels like sitting down with a long time friend. Relax, settle in, and enjoy.

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This month, Inside Medical Malpractice returns focus to one of the 5 top issues in malpractice litigation:  communication.  Listen as repeat guest Dr. Danielle Ofri MD, PhD ,one of the most thought provoking and influential voices in healthcare today, discusses her book ‘What Patients Say, What Doctors Hear’. Dr. Ofri says that the doctor patient interview remains the single most powerful diagnostic tool in medicine. But what patients say and what doctors hear are often two very different things. Listen as Dr. Ofri highlights just how powerful the doctor patient relationship is and talks honestly about the disclosure of medical error. There’s a great conversation about the power imbalance that exists between doctors and patients and suggestions to avoid the underlying commonality in almost all lawsuits; a breakdown in doctor-patient communication. Listening and communicating not only makes patients feel cared for, it can improve the accuracy of the information offered, reduce the risk of medical error and result in few lawsuits. There’s something valuable in this episode for everyone!

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The Holidays are almost here!  So, this month on ‘Inside Medical Malpractice’ we’re taking a break from talking about the 5 most common litigation issues, to bring you a story about the birth of a beautiful baby boy. In this episode, Chris Rokosh welcomes back Maia Tomljanovic. Her 2020 podcast ‘A Medical Malpractice Lawyer Has a Baby’ was, and still is, one of the top 5 downloaded episodes of all time.  It’s not only a great story with a happy ending, but a personal, insightful, and inspiring story about how the combination of medical and legal knowledge shaped Maia’s hopes, fears, and expectations. Well, in the spring of 2022, Maia welcomed another baby boy. There was another set of complicated circumstances. But luckily, another happy ending. So, I invited her back to share this new story, and tell her my small (but exciting!) part in it.  With 2 more years down the road of experience as a mother, a patient, and a malpractice lawyer, Maia tells how she used the knowledge she learned from her first baby and shares some shining moments by the doctors and nurses who cared for her. Maia also offers her perspective on the most important thing we should all know about malpractice.  Don’t miss this episode.  It’s a great one!

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This episode of ‘Inside Medical Malpractice’ is the second in a five-part series exploring top issues in medical malpractice:  Assessment, Medication Errors, Communication, Infection Control and Unsafe Use of Equipment.  Repeat guest Paul Cahill tackles the tough subject of Medication Errors, which are so pervasive they make up 3 of the 15 “Never Events’ in healthcare.  There are 10 ‘rights’ to medication administration which are considered basic knowledge for all healthcare providers.  If followed correctly, these ‘rights’ are meant to prevent errors. But listen in as Paul presents several cases from his own practice that involve nurses, doctors and pharmacists giving the wrong drug, or the wrong dose, at the wrong time, without any follow up.  This episode offers solid advice to healthcare providers and the public on how to avoid medication errors, and Paul offers his own advice to lawyers who litigate these cases.  Once again, the big take-away?  Never, ever get complacent.

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This episode of ‘Inside Medical Malpractice’ is the first of a five-part series exploring some of the top issues in malpractice;  Assessment, Medication Errors, Communication, Infection Control and Unsafe Use of Equipment.  Repeat guest Richard Halpern tackles the topic of Assessment, a skill considered fundamental for healthcare providers and a critical element of patient safety.  Many malpractice cases include allegations that assessments weren’t completed often enough, thoroughly enough, or at all.  Listen in as Richard shares a case study on one of the most tragic and potentially under reported adverse events of all; a mother who dies from hemorrhaging after childbirth.  The issues in this case are many, but the focus is on the lack of nursing and medical assessments in the early hours after the baby was born.  The biggest takeaways from this episode?  Stay vigilant.  Remain diligent.  Never, ever get complacent.

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This month on ‘Inside Medical Malpractice’ something different! This episode has something for everyone! Listen in as Chris Rokosh has an amazing conversation with Kevin Weekes, a former NHL Goalie and currently an on-air ESPN Hockey analyst! The subject is ‘Get Ready. Stay Ready’ and it’s a conversation about how to think ‘on your feet’. Kevin’s ability to read the room, stay cool under pressure, and react with calm amid chaos is a wonder. There’s a great discussion on how to always be on your game, with a lesson on being ready and able to communicate in a way that gets your audience, whoever they are, to respond with enthusiasm, emotion and understanding. Listen in as Chris Rokosh interviews the fast thinking, fast talking, always engaging, ready for anything, Kevin Weekes. It’s an inspiration! 

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In this episode of ‘Inside Medical Malpractice’ Chris Rokosh has a conversation she’s been wanting to have for almost 10 years.  Stanford University Hospital Patient Liaison Leilani Schweitzer tells the story of how her 20-month-old son Gabriel died at after a series of medical errors.  The story of Gabriel’s death is heart breaking.  But the story of how transparency, compassion and truth can heal in the aftermath of medical error, is a gift.  Leilani now works in risk management at the same hospital where her son died, using her own painful experience to help others through theirs. One of the most thought-provoking quotes from this episode?  “Pretending a bad thing didn’t happen is not going to make it go away, it likely is going to make it worse.” Take the time to watch Leilani's TEDx talk 'Transparency, Compassion, and Truth in Medical Errors'. To see the beautiful art inspired by Gabriels’ life and death, www.verachroma.com. This is the last episode of Season 2, and may just be one of the best yet!

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In this brief, but personal episode of ‘Inside Medical Malpractice’ Leilani Schweitzer talks about day-to-day life, which starts with an early morning and some quiet moments.  She shares how her lifetime love of art helped her heal after Gabriel’s death and provides a joyful outlet for her creativity.  Hear about what it’s like to give a TED talk (she gave two!), the way it changed her life and the surprising alternate career path she might have chosen. Learn what gets her up in the morning,  keeps her up at night, and the best and worst jobs of her life. Leilani offers a lovely shout out to the people in her life who paved the way for opportunity – including the staff at Stanford University. For a look at the beautiful art inspired by Gabriels’ life and death, www.verachroma.com. This is the last episode of Season 2, and maybe one of the best yet!

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In this timely and fascinating episode of Inside Medical Malpractice Toronto plaintiff’s lawyer Duncan Embury talks about the incredible challenges of litigating Florence v. Benzaquen. This case involves a 26-year-old woman who was prescribed fertility drugs in 2007, and quickly became pregnant with triplets. As often happens with multiple pregnancies, preterm labor and prematurity were a real threat. The babies, two boys and a girl, were delivered more than 3 months early, on New Year’s Day by emergency caesarean section.  They have all been diagnosed with moderate to severe cerebral palsy and neurological impairment. Listen in as Duncan Embury and Chris Rokosh discuss some of the important issues in this case including, does a doctor owe a duty of care to the not-yet-conceived child, a patient who doesn’t exist?  Was this young woman advised of the risks of conceiving multiples and the associated risks of preterm birth and neurological injury? And, if she had been properly advised, would she have chosen to take the drugs? This episode will leave you with much to think about and talk about!

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Chris Rokosh ends almost every episode of Inside Medical Malpractice with the question “What is the most important thing you’d like doctors, nurses, lawyers, and the public to know about medical malpractice?”. The answers came from healthcare providers, plaintiff and defense lawyers, and a supreme court judge.  The responses are as different as their perspectives….but always honest, insightful, and thought provoking. In this episode, listen in as Dr. Michael Narvey, Former Chief Supreme Court Justice Beverly McLaughlin, Ob/Gyn Dr. Colin Birch, Internist Dr. Danielle Ofri, and lawyers Virginia May, Barb Legate and Michael Waite offer up their advice. You’re going to love this episode! If you missed Part 1 of this episode, go back, and have a listen to the ‘best of the best’ of Inside Medical Malpractice.  For more medical legal education, visit our website! https://www.connectmlx.com/education/connect-to-education.