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Preventing Potential Claims of Negligence Just Because You Can, Should You?

Ross E. Taubman, DPMPICA President and Chief Medical Officer2012 APMA Young Physicians InstituteMay 18-19 Crystal Gateway Marriott Crystal City, VA

Case Presentation Number 1The Defendant (our Insured):Graduated from Podiatric Medical School in 20023-Year Residency Completed in 2005Began practice in a rural part of a Southwestern state in 2005Not Board CertifiedOnly 3 Physicians in town General Practitioner, General Surgeon, our DPM2Case Presentation #1The Plaintiff (thePatient): First Visit in Early 200859 year old diabetic male, employed as attorney

Previous PVD diagnosis by two other physicians

Charcot Arthropathy with chronic ulceration

Failed conservative care lead to decision for surgery

3Planned ProcedureTendo-Achilles LengtheningMultiple Mid-foot Arthrodesis with OsteotomySecondary Repair of Extensor TendonPartial Ostectomy X 3Application of Multi-Plane External FixatorApplication of Bone Stimulator

What are the Potential Issues?Diabetic Patient

Diagnosis of PVD

Medical Clearance with Laboratory Evaluation

Rural Locations without Availability of Other Specialists

Familiarity and Experience with Procedure

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What Happened?

Staff received abnormal Labs but failed to report to DPM

Post-Operatively Wound failed to heal

MRSA Infection which resulted in Osteomyelitis, BKA X 2, septicemia leading to Renal Failure and Myocardial Infection

After all said and done:Settlement with Plaintiff = $2,000,000100% of PICAs business is malpractice insurance.Our main competitor in NY does