Lupus affects roughly one in 2,000 people in the U.S. and nine out of ten lupus cases occur in women. Although the disease occurs in people of all races and ethnic groups, it occurs more frequently in African Americans.
A failure to diagnose and/or a failure to treat rheumatology patients in a timely manner were the two most commonly alleged causes of malpractice in one study. Juries found in favor of the plaintiffs in 20 percent of the cases, with a mean payout of over $2 million. For rheumatologists, 40 percent of malpractice claims were for medicine side effects and 60 percent were for failure to diagnose medical problems or complications of known medical conditions.
Attorneys, physicians, insurers, employers, risk managers, and other potential parties to litigation need to understand the types of litigation issues that may arise in connection with patient injuries related to lupus or other systemic rheumatic diseases.
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Attorneys:
What proof is needed for a claim arising from an injury related to a patient’s lupus or another systemic rheumatic disease? And, what is a potential strategy for the attorney to employ?
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Physicians:
How can liability for medical malpractice be avoided for an injury related to a patient’s lupus or another systemic rheumatic disease? And, what is a potential strategy for the physician to employ?
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Insurers:
Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for the patient’s injury related to lupus or another systemic rheumatic disease? And, what is a potential strategy for the insurer to employ?
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Employers:
Can an employer be subject to liability for an injury related to an employee’s lupus or other systemic rheumatic disease? And, what is a potential strategy for the employer to use?
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Risk Managers:
Can a risk manager prevent liability or mitigate damages for potential violations of the Americans with Disabilities Act in connection with an employee’s lupus or other systemic rheumatic disease? And, what is a potential strategy for the risk manager to use?
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Attorneys:
Check this list of facts and circumstances tending to show a provider’s liability for treatment related to lupus or another rheumatic disease.
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Physicians:
Presented is a checklist of items a physician must consider when defending against claims of malpractice or negligence involving lupus or another rheumatic disease.
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Insurers:
The insurer should check these “red flags” and inconsistencies when investigating a claim of malpractice or negligence involving lupus or another rheumatic disease.
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Employers:
Presented is a checklist of items an employer must consider when determining if the employee’s injury involving lupus or a rheumatic disease is compensable.
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Risk Managers:
Use this checklist to determine if the risk manager has identified and implemented all appropriate policies, practices, and procedures to avoid liability or mitigate damages for malpractice or negligence involving lupus or another rheumatic disease, and whether all affected parties complied with these policies, practices, and procedures.
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