Jackson Hole Seminars

Medicolegal 101 for the Urologist: Lawsuits and Expert Witnesses

William O. Brant, MD, FACS, FECSM, a urologist at the Veterans Affairs Medical Center in Salt Lake City, Utah, discusses medical lawsuits from the perspective of a physician being sued or suggested preparation to be an expert witness. 

He describes the four elements of malpractice patients need to prove when filing a summons or other “pleadings,” which are: A professional duty is owed to a patient, that duty has been breached, this breach caused an injury, and damages (either monetary or punitive) resulted from that injury. To prove negligence, the conduct of a physician is judged against a standard, defined as care that a “reasonable,” similarly-situated urologist would have provided. From there, the process of discovery ensues. Then, the case may or may not proceed to trial, although due to the United States’ “adversarial” system, it is rare this happens. In terms of lawyers playing a role in medicolegal cases, it is important to note that plaintiffs typically work on contingency and take cases with high monetary damages and likely appeal to juries, while defendants are typically appointed by a medical malpractice company. 

For the urologist cautious about patients suing, Dr. Brant points to a descriptive series review that reported that the leading reason for choosing to litigate is a perceived poor relationship with the provider. In his data, patients who sue often have a poor relationship with their provider or medical malpractice was suggested by another provider. In an AUA survey, while 63% of participants were named in a suit, 47% dropped without financial settlement.

Despite the low patient success rate of 4%, lawsuits can affect urologists. In the study 60% of participants considered limiting their scope of practice with ramifications of 27%-39% experiencing symptoms of major depressive disorder. Brant highlights that lawsuits can feel like a personal assault or failure, but they are truly about compensation.

In his personal experience as an expert witness, Brant has been involved in about 100 cases over 20 years. Qualifications include specialized education and practical experience, but vary by state. The AUA Expert Witness Affirmation Statement, signed as part of AUA membership, supports testifying within your field, distinguishing between bad outcome and bad practice, and being willing to testify for plaintiff or defendant as “you’re not on anyone’s side.”

When looking for an expert witness, Brant thinks lawyers are looking for consistent, strong, credible testimony. Lawyers ask a lot of “why” questions to learn an expert’s theory and factual basis, in addition to how they would handle cross-examination. When acting as an expert witness, Brant recommends: Don’t elaborate or volunteer information. Methods that can be used against the expert witness include trying to blame a provider, multi-part or repeated questions, and agreeing to generalizations or “standard” texts. Brant also suggests avoiding answering a question you don’t understand. An expert witness can ask questions or clarify, and he reminds any potential witnesses it is okay not to have the answer. He also recommends avoiding absolutes and adopting the language of a question if it is misleading or inappropriate.

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Caring for Underserved and Vulnerable Populations for Over 23 Years

Fernando Kim, MD, MBA, FACS, Chief Emeritus of Urology at Denver Health Medical Center and Professor of Surgery/Urology at the University of Colorado at Denver, shares insights gathered from his more than 23 years of caring for underserved and vulnerable populations. Dr. Kim describes some of the needs and characteristics of these populations, and gives examples of the traumatic experiences to which those populations are regularly exposed. He also emphasizes the importance of physicians understanding their patients’ cultures, communication styles, and needs so that they can effectively treat those patients.

He addresses time constraints for patients who cannot afford to be out of work, and how developing a minimally-invasive practice can help support those patients. He cites disparate oncological profiles along demographic lines, as well as research that supports multiple factors influencing patient treatment selection. For example, he explains that, especially for African-American men, the less invasive nature of cryoablation appeared to influence opinions regarding surgery for the treatment of localized prostate cancer.

Dr. Kim cites another study that reaffirms the importance in health disparities research of modeling interactions between race/ethnicity and variables that reflect diverse aspects of a patient’s socioeconomic circumstances, since the research showed that doctors’ treatment recommendations were less aggressive for poor or indigent populations. He concludes by reemphasizing the importance of empathy, cultural humility, and understanding when working with vulnerable and underserved communities.

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Posterior Urethral Stenosis (PUS) After Prostate Cancer Therapy

In this 21-minute video, Brian J. Flynn, MD, Co-Director of Female Pelvic Medicine and Reconstructive Surgery, Reconstructive Urology, and associate professor at the University of Colorado, discusses Posterior Urethral Stenosis (PUS) after prostate cancer therapy and the existing and developing techniques used to address it. He then examines the various treatments used for PUS, such as dilation or transurethral incision (TUI), and considers the advantages and disadvantages of each technique.

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Optimizing Urologic Surgical Outcomes: AUA Pre-operative White Paper Recommendations

John Thomas Stoffel, MD, Associate Professor of Urology and Chief of the Division of Neurourology and Pelvic Reconstruction within the University of Michigan Department of Urology in Ann Arbor, Michigan, outlines the purpose of the AUA quality improvement and patient safety recommendations to serve as a standardized reference for urologists as they support patient readiness for, and success after, surgery. The guidelines are broken down according to preoperative, intraoperative, and postoperative recommendations, all of which cross-thread to optimize surgical outcomes for patients.

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