Report: August 2019

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Endometriosis Risks: Internal Pain, External Liability

Introduction

Endometriosis Liability Risks

Endometriosis affects more than 11% of women in the United States. This means that during the reproductive years of all women, one in ten is affected. 

 

Medical malpractice lawsuits have resulted in damages awards for the negligent diagnosis and treatment of endometriosis. Employment actions for discrimination involving women who suffer from endometriosis also have occurred.

 

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 injuries related to endometriosis.


The Perspectives: Improve Your Strategy

Attorneys:

What proof is needed for a claim involving an injury related to endometriosis? And, what is a potential strategy for the attorney to employ?

Physicians:

How can liability for medical malpractice be avoided for an injury related to the diagnosis or treatment of endometriosis? And, what is a potential strategy for the physician to employ?

Insurers:

Can a payout under a medical malpractice liability policy for a patient’s endometriosis-related injury be avoided by proof that the health provider was not negligent or there was no coverage for the provider’s actions? And, what is a potential strategy for the insurer to employ? 

Employers:

Can an employer be subject to liability for a worker’s injury related to endometriosis? And, what is a potential strategy for the employer to use? 

Risk Managers:

Can a risk manager prevent liability or mitigate damages for an employee’s endometriosis? And, what is a potential strategy for the risk manager to use? 


Practice the Technique: Checklists

Attorneys:

Check this list of facts and circumstances tending to show a provider’s malpractice liability for negligence involving endometriosis.

Physicians:

Presented is a checklist of items a physician must consider when defending against claims of malpractice or negligence involving endometriosis.

Insurers:

The insurer should check these “red flags” and inconsistencies when investigating a claim of malpractice or negligence involving endometriosis.

Employers:

Use this checklist to determine if an employer may be held vicariously liable for the actions of an employee or agent involving an injury related to a patient’s endometriosis.

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 from liability for endometriosis, and whether all affected parties complied with these policies, practices, and procedures. 

Expert Analysis

What Treatments Are Available for Endometriosis?

Endometriosis Research Center


How Is Laparoscopy Used in Diagnosing and Treating Endometriosis? 

National Library of Medicine



Litigation

Alternative Dispute Resolution

Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.


Reasons To Reach Settlement

The following are reasons why the attorney, physician, insurer, employer, or risk manager would want to reach settlement, and not take the action to trial.


Reasons To Go To Trial

The following are reasons why the attorney, physician, insurer, employer, or risk manager would want to take the action to trial.


Jury Awards and Settlements

How much have juries awarded and what settlements have been reached recently in cases involving endometriosis?



Medical Examples

Endometriosis

This section provides detailed medical information on endometriosis, its causes, risk factors, body sites and health conditions affected by or linked to endometriosis, signs and symptoms, diagnosis and testing, and treatment. Also discussed is the patient’s prognosis and ability to work.



Law and Medicine Resources

Law and Medicine Resources

Provided is a listing of law and medical resources for further information on endometriosis.


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Endometriosis Risks: Internal Pain, External Liability

Table of Contents
Introduction

Expert Analysis
   Endometriosis Research Center
   National Library of Medicine

The Perspectives: Improve Your Strategy
   Attorney Perspective
   Physician and Health Care Provider Perspective
   Insurer Perspective
   Employer Perspective
   Risk Manager Perspective

Practice the Technique: Checklists
   Attorney Checklist
   Physician Checklist
   Insurer Checklist
   Employer Checklist
   Risk Manager Checklist

Alternative Dispute Resolution

Reasons To Reach Settlement

Reasons To Go To Trial

Jury Awards and Settlements

Endometriosis

Law and Medicine Resources