New York Medical Malpractice Lawyer Blog

A former patient of David Chao, the Chargers Team doctor, recently received a $2.2 million settlement by an arbitration panel. The panel found Chao negligent when he performed her hip operation in May of 2007. The patient claims that Chao lacerated her femoral artery, vein and nerve, causing chronic pain and a limp.

This is not the first time that Chao, a 46-year old doctor, has been sued in recent months stated a doctor. In 2009 a male patient sued him and other care providers after a knee replacement surgery, which also took place in 2007. The man reported that Chaos carelessness resulted in an amputation of the leg. Scripps Memorial Hospital in La Jolla agreed to a $1.39 million settlement, according to report.

Chao has been sued 20 times since 1998 by various patients, ranging from charges off malpractice to personal injury, fraud, or negligence. At least eight have been settled with payouts to the plaintiffs.

Last year the federal drug enforcement agents searched Chaos office and found an alleged 108 prescriptions that Chao had written for himself. He has also been accused of writing prescriptions for a former Chargers doctor who was dismissed in 1998 for an alleged narcotic addiction. Chao was required to pay a $1,000 fine for his involvement in that case, and his inability to maintain accurate medical records, reports a source.

Chao, who is an orthopedic surgeon, has operated on many professional athletes, has served as the doctor for the USA rugby team, and for the Worldwide Wrestling Entertainment. He has had complaints filed against him for abusing alcohol and unprofessional conduct from two DUI charges. Chao has denied all accusations against himself in the court records. The settlements are not considered admissions of liability for medical malpractice. Hospitals in New York City and Westchester County try to caution their staffs about these mistakes.

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Nearly 70 percent of doctors over the age of 50 have been sued according the American Medical Association, reported a study. He went on to say that many of these claims are dismissed but 95 out of 100 doctors will be sued at some point in their career.

These staggering numbers will likely harm doctor’s ability to provide their patience with quality care claimed a representative for the American Medical Association. He added that our country continues to work hard to reduce unnecessary health care costs and these statistics just don’t help.

In a survey conducted by the AMA, it was clear that certain types of doctors or surgeons were much more likely to be sued than others. General Surgeons, OBGYNs men doctors, and practice owners were most likely to be sued, whereas Pediatricians, women doctors, younger doctors and Psychologists were least likely to be sued. Only about 5 percent of doctors are sued per year, a study pointed out.

While more than half of these claims are dismissed, advocates estimate the average defense costs between $22,000 and $100,000.

"Even though the vast majority of claims are dropped or decided in favor of physicians, the understandable fear of meritless lawsuits can influence what specialty of medicine physicians practice, where they practice and when they retire," the advocate added.

In an effort to improve patient care and decrease the number of malpractice lawsuits, the Agency for Healthcare Research and Quality donated $25 million, which includes grants that should help cover these costs

The survey was funded by the AMA and more than 40 national medical specialty associations including many in Westchester and New York City.

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A proposal is being developed that would create a gigantic check list of proper techniques and procedures for doctors to follow, says a researcher. The theory goes that this checklist would become the industry standard by which doctors are measured, and thus they would be protected from supposedly costly medical malpractice law suits. But, some commentators are skeptical that this new proposal will do much good at all. There are already standards in place by which doctors are measured and they differ from doctor to doctor, notes a Lawyer. Every case is unique and each branch of medicine has within it its own proper techniques to follow. Creating a giant check list would not do much because many doctors are already trying their best to follow proper procedures and avoid surgery errors. Instead, the check list may actually back fire on a doctor. There may be times when the check list calls for a doctor to administer a certain procedure but due to the unique nature of the case such a procedure would not be appropriate, reports a New York Medical Malpractice Lawyer. However, if something were to then go wrong a potential plaintiff could point to the check list and say that the doctor did not follow the proper procedures required in that circumstance. While a doctor could refute the charge, it would create another level of difficulty for those practicing medicine, says a Medical Malpractice Lawyer in New York. Further, in this day and age of expensive medical care, doctors may start to simply do everything the check list says, regardless of whether it is needed or not, which in turn would drive up costs everywhere including New York City and Queens.

If you have been the victim of medical malpractice you have rights that deserve to be protected. Contact a New York Medical Malpractice Attorney today.

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