
"The expert testified that the standard of care after penile prosthesis surgery is to leave the implant in a semi-inflated state for 4 to 6 weeks, when in fact the standard is to keep the implant in a deflated state," writes Brianne Goodwin, JD, RN.
Ms. Goodwin is manager of clinical risk and patient safety at Cambridge Health Alliance, Cambridge, MA.

"The expert testified that the standard of care after penile prosthesis surgery is to leave the implant in a semi-inflated state for 4 to 6 weeks, when in fact the standard is to keep the implant in a deflated state," writes Brianne Goodwin, JD, RN.

"The plaintiff alleged that she notified the urologist of her continuing pain and was told there was nothing wrong," writes Brianne Goodwin, JD, RN.

The court found that treatment performance was below the standard of care.

"It is prudent for providers to know the law of the jurisdiction where they practice and any applicable policies surrounding consult and documentation," advises Brianne Goodwin, JD, RN.

"As the primary witnesses for the defense, [the treating physicians] did not build credibility, were not likable, and did not take any responsibility for the medical care of the claimant," writes Brianne Goodwin, JD, RN.

"Where other indicators of medical malpractice claims have decreased over the years, the prevalence of diagnostic error has not changed, calling for more innovating thinking, introspection, and systematic approaches to prevention and shared learning," writes Brianne Goodwin, JD, RN.

"A patient’s success on a claim of injury based on intraoperative positioning would likely be based on a negligence theory, or potentially a lack of informed consent theory," writes Brianne Goodwin, JD, RN.

Failure to provide an interpreter incurs legal and regulatory risk.

Here’s what to do when a patient disregards medical advice.

Optimize patient identification by following these steps.

Optimize patient identification by following these steps.

Attorneys will scour for online ‘dirt’ to use in a lawsuit, writes Brianne Goodwin, JD, RN.

"Given the costs of defense and the challenge to defend lawsuits involving [retained surgical items], preventing them from occurring at all is the best solution," writes Brianne Goodwin, JD, RN.

"Incidental radiology findings are low-hanging fruit that organizations should develop processes for handling proactively," writes Brianne Goodwin, JD, RN.


Informed consent in medicine generally refers to one of two things: the process by which a provider obtains consent through discussion of risks, benefits, and alternatives with patients, and the actual form that is signed by the physician and the patient. Both are critical pieces to any medical malpractice litigation where a claim for lack of informed consent has been pled.

Lawsuits involving telephone triage tend to allege failure in a physician’s duty to treat, abandonment of the patient, or provision of sub-standard care.


With the New Year being associated with resolutions of improved health and fitness and reducing the number on the scale, it seems a particularly appropriate time to share some information about how obesity impacts urologic care and treatment, and the impact of obesity on malpractice litigation.

As a practicing urologist, it is in your best interest to understand what a spoliation charge means in the state where you practice and the requirements of proof.


It is imperative that physicians know the law of the state they practice in with regard to their relationship with and responsibility for advanced practice providers who are providing urologic care, writes Brianne Goodwin, RN.

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