Inside Medical Malpractice Podcast
Named as one of the top healthcare podcasts on the web! Medical dramas, real or fictional, have filled media over the past decade... but what about the medical drama that happens around us every single day? There are nearly 100,000 malpractice cases filed every year in North America, each with its own unique set of facts that not even the best writers could conjure up. Listen in as Chris Rokosh RN, PNC(C), Legal Nurse Consultant and President of Connect Experts, interviews guests that range from lawyers to doctors, nurses and patients.
With a deep respect for both healthcare and law, these podcasts will inform, surprise and engage as they take you inside the hospital, the home, the clinic or the courtroom.
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Interviewed guests include
Leilani Schweitzer, Patient Liason, Stanford Health Care
- Transparency, Compassion, and Truth in Medical Errors
- In this episode of ‘Inside Medical Malpractice’ Chris Rokosh has a conversation she’s been wanting to have for almost 10 years. Stanford University Hospital Patient Liaison Leilani Schweitzer tells the story of how her 20-month-old son Gabriel died at after a series of medical errors. The story of Gabriel’s death is heart breaking. But the story of how transparency, compassion and truth can heal in the aftermath of medical error, is a gift. Leilani now works in risk management at the same hospital where her son died, using her own painful experience to help others through theirs. One of the most thought-provoking quotes from this episode? “Pretending a bad thing didn’t happen is not going to make it go away, it likely is going to make it worse.” This podcast includes Leilani’s TEDx talk titled Transparency, Compassion, and Truth in Medical Errors. For a look at the beautiful art inspired by Gabriels’ life and death, www.verachroma.com. This is the last episode of Season 2, and maybe one of the best yet.
Duncan Embury, Partner, Head of Malpractice Group, Neinstein Personal Injury Lawyers
- Medical Malpractice and Assisted Fertility
- In this timely and fascinating episode of Inside Medical Malpractice Toronto plaintiff’s lawyer Duncan Embury talks about the incredible challenges of litigating Florence v. Benzaquen. This case involves a 26-year-old woman who was prescribed fertility drugs in 2007, and quickly became pregnant with triplets. As often happens with multiple pregnancies, preterm labor and prematurity were a real threat. The babies, two boys and a girl, were delivered more than 3 months early, on New Year’s Day by emergency caesarean section. They have all been diagnosed with moderate to severe cerebral palsy and neurological impairment. Listen in as Duncan Embury and Chris Rokosh discuss some of the important issues in this case including, does a doctor owe a duty of care to the not-yet-conceived child, a patient who doesn’t exist? Was this young woman advised of the risks of conceiving multiples and the associated risks of preterm birth and neurological injury? And, if she had been properly advised, would she have chosen to take the drugs? This episode will leave you with much to think about and talk about!
The Best of Inside Medical Malpractice Part 1 and 2
- Part 1
- This month on ‘Inside Medical Malpractice’, the first of two ‘best of the best’ podcasts! Almost every episode over the past 2 years ended with the question “What is the most important thing you’d like doctors, nurses, lawyers, and the public to know about medical malpractice?” Our guests came from across Canada and the US and included healthcare providers, plaintiff and defense lawyers, and a supreme court judge. Their answers to the question were as different as their unique perspectives….but always astute, insightful, and thought provoking. In this episode, listen in as past guests Brian Devlin, Gary Will, Aleks Mladenovic, John Hall, Randy Kinnard, Michael Kaplan, and Doctor Laura Fortner share their thoughts. There’s also some bonus content from Dr. Laura on how to avoid a lawsuit. You’re going to really enjoy this episode. Don’t miss it! And tune in next month for another ‘best of the best’ of Inside Medical Malpractice.
- Part 2
- Chris Rokosh ends almost every episode of Inside Medical Malpractice with the question “What is the most important thing you’d like doctors, nurses, lawyers, and the public to know about medical malpractice?” The answers came from healthcare providers, plaintiff and defense lawyers, and a supreme court judge. The responses are as different as their perspectives….but always honest, insightful, and thought provoking. In this episode, listen in as Dr. Michael Narvey, Former Chief Supreme Court Justice Beverly McLaughlin, Ob/Gyn Dr. Colin Birch, Internist Dr. Danielle Ofri, and lawyers Virginia May, Barb Legate and Michael Waite offer up some their advice. You’re going to love this episode! If you missed Part 1 of this episode, go back, and have a listen to the ‘best of the best’ of Inside Medical Malpractice.
Dr. Laura Fortner, Ob/Gyn and Certified Life Coach
- Chris Rokosh and Dr. Laura Fortner Ob/Gyn and Certified Life Coach; Turning Pain into Purpose
- In this fascinating episode of Inside Medical Malpractice, Chris Rokosh talks with Ob/Gyn and founder of The Med Mal Coach Dr. Laura Fortner. Several years ago, Dr. Laura was sued for malpractice. Her case was opened, dismissed, re-opened, went to trial, appealed and is currently making its way through the Ohio Supreme Court. The accompanying feelings of shame, loneliness, anger, doubt, fear, and helplessness affected every aspect of life for nearly 5 years. Until Dr. Laura sought the help of a life coach who helped change her way of thinking and come to peace with the outcome, whatever that happens to be. During this difficult experience, Dr. Laura woke up one day knowing that she had to help other physicians heal the devastating personal and moral injury that often accompany a lawsuit. As The Med Mal Coach, Dr. Laura walks her clients through litigation, with a goal of returning to their confidence and self-assurance. Listen in as Dr. Laura shares what she learned from her experience, how being sued changed her approach to medicine (and life!), offers great advice on avoiding a lawsuit and gives insight into the most important things we should all know about medical malpractice. This is a fantastic episode. Don’t miss it!
Aleks Mladenovic, Partner, Thomson Rogers
- Chris Rokosh and Aleks Mladenovic; A Difficult Road Can Sometimes Lead to a Great Destination
- In this moving, inspirational episode of Inside Medical Malpractice, Chris Rokosh talks with Toronto medical malpractice lawyer Aleks Mladenovic. In 2019, Alex was completely surprised to learn he had bowel cancer. At the time, he was a young, busy successful lawyer who was forced to quickly face a cancer diagnosis, find a way to enter and trust a healthcare system that he had sued multiple times, overcome the challenges of treatments, and undergo multiple surgeries that included life threatening complications. But this isn’t just a story of struggle. It’s a story of triumph and success as Aleks made the seemingly impossible journey back to the office and into the courtroom. Listen as he shares the highs and lows of his experience, talks about the most valuable things he learned, praises the doctors and nurses who healed him by seeing him and offers up what, he thinks, needs to be changed about healthcare. Then Aleks shares some of the best advice ever on what doctors, nurses, lawyer, and the public need to know about medical malpractice. This is a fantastic episode. Don’t miss it!
Barbara Legate, Senior Lawyer, Legate Injury Lawyers
- ‘The Christmas Effect’ Senior Trial Lawyer Barb Legate Discusses a Newborn Injury
- Entering the healthcare system can be risky at any time, but is even riskier during the Christmas holidays, over long weekends and on July 1st. In this episode, Chris Rokosh talks with Barb Legate, a well respected and highly experienced medical negligence lawyer from London, Ontario. Listen in as they discuss a case of newborn injury that unfolded over the Christmas holidays in the special care nursery of a large teaching hospital. This was a case of newborn jaundice that progressed to kernicterus, one of the 12 Never Events for hospitals in Canada. Hear some of the surprising details of the case, and the highs and lows and outcome of the multi week trial. Chris presents two lines of thought behind the phenomenon known as ‘The Christmas Effect’ and offers ideas on keeping yourself, or your loved ones, safe if you end up in the hospital this holiday season. Barb offers up thoughts on what we all need to know about medical malpractice (She says you’re not a real doctor until you’re sued) and how she would change healthcare and law if she could. You won’t want to miss this fascinating, timely and informative episode of Inside Medical Malpractice!
John E. Hall Jr., Attorney, Hall Booth Smith
- Atlanta Attorney John Hall Talks about Physician Defense
- Attorney John E. Hall, Jr. set out to build Hall Booth Smith into the finest litigation firm in the Southeastern US and he’s done just that. John is, among other things, a highly respected and experienced physician defense lawyer. His exceptional skill landed him a position on the National Counsel, a team of select attorneys who assist local counsel on birth trauma and other high exposure catastrophic cases. Listen in as John discusses his view on how inflated malpractice verdicts could result in healthcare crisis, then offers a solution for change. He discusses some of the potential issues associated with post COVID litigation including how healthcare providers can mitigate risk, how a pandemic changed the practice of law, and what the general public should know. He also offers great advice to lawyers on avoiding common mistakes in malpractice litigation and shares the most important thing that healthcare providers, lawyers and the public should know about medical malpractice. Don’t miss this episode! It’s a great one!.
Angela King, RN, Legal Nurse Consultant/Expert Witness
- Two Obstetrical Nurse Experts Talk it Out; Chris Rokosh sits down with Angela King
- In this episode of Inside Medical Malpractice, Chris Rokosh sits down with Ontario Perinatal Nurse expert witness Angela King. Listen in as these two share a wealth of experience as Obstetrical experts, hard working Labor and Delivery nurses, mothers, and care providers. Don’t miss the hearing about Angela’s most memorable cases, and her stories about being on a front line worker in a busy hospital during the seemingly never-ending COVID pandemic. Angela shares that the experience of having a baby, or suffering a pregnancy loss, has been incredibly challenging. She is incredibly skilled in the management of many of the obstetrical complications that end up in malpractice lawsuits, and shares stories and advice for nurses, doctors and the public. Don’t miss this episode!.
Randall Kinnard, Attorney, Kinnard, Clayton & Beveridge
- Nashville 'Super Lawyer' Randy Kinnard Shares Amazing War Stories
- Attorney Randy Kinnard is considered one of the best lawyers in Nashville. He is a highly respected legal professional and a decorated Vietnam veteran who has been recognized by countless organizations for his exceptional skill in and out of the courtroom. His secret? An emphasis on professional competence and great respect for all. Listen in as Randy discusses two of his most interesting cases; one of which resulted in $55 million in damages and the other, the largest medical malpractice award in the state of Tennessee. Hear how his experiences in Vietnam left him struggling, but somehow fearless in the courtroom. And don’t miss the fantastic advice he has to offer attorneys, healthcare professionals and the general public. One of my favorite quotes? “Medical Malpractice is Real.”.
Chris Rokosh RN, President of Connect Medical Legal Experts
- Chris Rokosh on building Connect Medical Legal Experts
- This month, Chris Rokosh sits in the hot seat! Listen as Angela Armstrong of Prime Capital Group interviews Chris about her entrepreneurial journey on the podcast ‘Prime for Growth; Conversations with Everyday Innovators’. Chris answers questions about the early days of life as a Legal Nurse Consultant and the ups and downs of growing Connect Experts into the business it is today. Hear how the journey hasn’t been just about getting somewhere - it's about staying focused on core values and purpose that drive the business along the way. The key motivator? Never forgetting the heavy cost of malpractice on everyone involved; the doctors, the nurses, the patient, their family, communities, our healthcare, legal and social systems. Get inspired by this articulate, compassionate and insightful conversation.
Dr. Michael Narvey, Neonatologist, Professor
- Dr. Michael Narvey - Life as a Neonatologist
- In this podcast, Dr. Michael Narvey talks about his life’s work as a Neonatologist at the Winnipeg Health Sciences Center. Learn how he came to the honourable profession of caring for the tiniest, most vulnerable patients, what a ‘normal’ day looks like in the NICU, and the parts of his job that he loves…..and doesn’t. Dr. Narvey talks about how his work as an medical legal expert witness has not only changed his own medical practice for the better, but changed how he teaches students and residents. With a great compassion and understanding of the professions of healthcare and law, Dr. Narvey shares what he thinks are the most important things doctors, nurses, lawyers and the public need to know about neonatal lawsuits. There’s something valuable in this podcast for everyone!!
Farah Ismail, Nurse, Lawyer, Healthcare Consultant and Executive Leader
- Nurse Lawyer Farah Ismail Shines a Light on Long Term Care
- Inside Medical Malpractice welcomes Nurse Lawyer Farah Ismail back for another fascinating discussion on Long Term Care. This episode shines a light on some of the events that have challenged the Ontario LTC system over the past few years, including a nurse serial killer and a seemingly never-ending pandemic. Don’t miss Farah’s insightful discussion into the unique challenges of Long-Term Care and offers advice for families, facilities and healthcare professionals on how to keep residents safe. Farah discusses the professional and legal obligations of healthcare personnel who witness unsafe care, emphasizing the requirement to prioritize the health and wellbeing of clients over the fear of retribution. This podcast has something for everyone – those who work in the Long-Term Care sector, have family members in care, or may one day become a resident. Don’t miss it!
Michael Kaplen, Senior Partner, De Caro & Kaplen, LLP, New York
- Lawyer Michael Kaplen Talks about Brain Injury and Medical Malpractice
- In this podcast, New York Lawyer Michael Kaplen shares his story about the client who focused his practice on brain injury litigation, which began a journey that led all the way to the White House. Michael offers multiple examples of how the medical management or misdiagnosis of brain injury can result in malpractice litigation. He then walks us through the process of a lawsuit in the NY which highlights some of the unique elements of US litigation. Michael offers particular insight into two fascinating subjects. First, what rights do the nearly 14 million international visitors to NY have if they become unexpectedly ill or injured, hospitalized, and suspect medical negligence. And secondly, what new issues are emerging in brain injury because of the COVID-19 pandemic. Michael also offers solid, practical advice to lawyers, healthcare providers and the public on what he feels is the most important thing to know about brain injury in medical malpractice. Don’t miss this incredibly interesting episode of Inside Medical Malpractice. It’s a good one!
Dr. Colin Birch, Obstetrician/Gynecologist
- Dr. Colin Birch, Obstetrician/Gynecologist Talks about Medical Malpractice
- Dr. Colin Birch, Chief of Obstetrics at the Foothills Medical Center, opens this podcast with a fascinating discussion on the growing body of information surrounding the effects of COVID-19 on pregnancy, labor, and delivery. Then, he shares such an interesting and well-rounded perspective on medical malpractice, as the defendant in a lawsuit, a practicing physician, and a medical expert witness. Listen as Dr. Birch shares how these experiences changed not only his personal approach to medicine but focused his education of medical students and residents. He then talks about the important role malpractice plays in healthcare, and shares ideas for how a less adversarial approach might improve the experience for everyone. After 30 years of practice, this physician has a wealth of knowledge for all of us. Dr. Birch offers his best advice to doctors, nurses, lawyers, and the public on the most important thing they should know about Ob/Gyn medical malpractice. Don’t miss this podcast!
Brian Devlin QC, Lawyer, Law Fifty One, Calgary
- Brian Devlin QC of Law Fifty One Shares a Lifetime of Experience
- In this podcast, Brian Devlin QC tells the story of journey that started from very humble beginnings, with an English degree, a rock band and a completely unplanned, unexpected entry into law school. Brian’s 40 years career has included criminal defense, personal injury, and hundreds of medical malpractice cases. Listen as he talks about the details of his very first malpractice case, shares the secret to his success as a lawyer and what he’s doing to share his knowledge to the up-and-coming generation of lawyers. Brian talks about some of the changes he’s seen in malpractice law and, perhaps more importantly, some of the changes he’d still like to see. There’s great advice for healthcare providers, upstart lawyers and the public on what he thinks is the most important thing they need to know about medical malpractice. This first podcast of season 2 of Inside Medical Malpractice will not disappoint.
Michael Waite QC, Lawyer, Carbert Waite LLP, Calgary
- Michael Waite QC of Carbert Waite LLP Talks About Nursing Defence Law
- In this podcast, Michael Waite QC from Carbert Waite LLP presents another side of the medical malpractice story; the perspective of a hospital defence lawyer. He answers questions like how and when does a nurse find out she’s been sued? What’s the process like from start to finish, and how long does it take? What are the professional obligations of a nurse who finds themself in the legal system? How many nurses actually remember the details of the lawsuit? How important is nursing documentation? What part of a lawsuit do nurses find the hardest? Mike offers words of reassurance, and the gives his opinion of the most important thing nurses, doctors, plaintiff lawyers and the public should know about preventing a lawsuit. Thanks to the pandemic and Mike’s own experience with COVID-19, this podcast was a long time in the making. And, it’s the last podcast of 2020, so don’t miss it!
Dr. Richard Rayman, Doctor of Dental Surgery, University of Toronto Professor
- Dr. Richard Rayman DDS Discusses His Role as a Dental Malpractice Expert
- In this very unique episode of Inside Medical Malpractice, Chris Rokosh talks with University of Toronto Professor Dr. Rick Rayman about his work as a Dental Malpractice Expert. Dr. Rayman shares the highs and lows of expert witness work and discusses how legal knowledge has, without any doubt, made him a better educator. For dentists and students of dentistry, Dr. Rayman identifies the biggest issues in dental malpractice today and offers great advice on how to avoid a lawsuit. For doctors, he offers ways to improve patient care when dentistry overlaps with medicine. To the lawyers who litigate dental malpractice cases, Dr. Rayman discusses the importance of careful listening. For anyone who goes to the dentist – which is pretty much everyone - he shares details of two fascinating dental malpractice cases and offers great advice for all of us.
The Right Honorable Beverly McLachlin, Former Chief Justice of the Supreme Court of Canada
- ‘Truth Be Told: My Journey Through Life’ with Former Chief Justice Beverly McLachlin
- Former Supreme Court Chief Justice Beverly McLachlin is one of the most accomplished, fascinating and approachable woman of our time. Her autobiographical book ‘Truth Be Told: My Journey Through Life’ takes you on a journey from her humble beginnings in Pincher Creek, Alberta to Chief Justice of the Supreme Court of Canada. Listen in as Justice McLachlin talks about some of the most memorable cases she was involved in, the fundamental principles that guided her decisions and this… “The Canadian way is not the way of war. It’s the way of compromise, negotiations and respect for rights”. Learn the details of the 1990 Snell v. Farrell case, a judgement which has stood the test of time when it comes to determining causation in medical malpractice. Justice McLachlin offers sage advice to lawyers, healthcare providers and the general public on the most important thing she’d like all of us who find themselves caught up in the legal system to know. Her belief that the legal system belongs to every man woman and child is reassuring, inspirational and heartwarming. Don’t miss this podcast!
Dr. Danielle Ofri, MD PhD, Internist, Bellevue Hospital, New York
- Doctor Confronts Medical Error with Dr. Danielle Ofri, MD, PhD
- Dr. Danielle Ofri MD, PhD is one of the most thought provoking and influential voices in healthcare today. She is a clinical professor at NYU School of Medicine, an internist at Bellevue Hospital and the author of several acclaimed books including ‘When We Do Harm. A Doctor Confronts Medical Error.’ Her discussion on adverse events in healthcare will make you stop and think for a very long time. Listen as Dr. Ofri highlights the importance of communication in health care and shares the one thing we can all do today to improve patient safety. Dr. Ofri believes that COVID-19 has shone a positive spotlight on healthcare providers, offering a unique opportunity to affect positive change. She also shares why malpractice lawyers should care about how doctors feel in the wake of a malpractice claim. Don’t miss this podcast!
Gary Will, Lawyer, Managing Partner, Will Davidson LLP, Toronto
- The Orchard Villa Long Term Care Center COVID-19 Class Action Lawsuit
- In this incredibly timely episode of Inside Medical Malpractice, Chris Rokosh talks with Toronto lawyer Gary Will about the class action lawsuit involving the Orchard Villa Long Term Care Home in Ontario. Gary says this lawsuit is the biggest and most important challenge of his career. It isn’t just about the COVID-19 deaths in the spring and summer of 2020, it’s about a timeline that started years ago with a change of ownership, complaints about staffing, allegations of neglect and abuse, and multiple investigations by the Ministry of Long-Term Care. Learn about the specific allegations in this action, the challenges in the road ahead and how both Gary and the class members hope that litigation will improve the future of Long Term Care. The story is tragic. The issues are tough and divisive. But the lessons we can all learn are valuable.
Virginia May Q.C., Lawyer, Retired
- 40 years of Trailblazing
- In this very special episode of Inside Medical Malpractice, Chris Rokosh talks to lawyer Virginia May about her 40 years of successful trail blazing. Virginia was not only one of the first (pregnant!) female law partners in Alberta in the 1980’s, she founded her own very successful litigation firm May, Jensen, Shawa Solomon in 1995. Listen in as she shares the ups and downs of the early days, and the details about the most memorable cases in her medical malpractice career. In her brilliant and perfectly no nonsense way, Virginia offers invaluable insight and advice to lawyers, doctors, nurses and patients. Even in her late 70’s, she continues to share knowledge as a mediator and strategic advisor and has a clear vision of what still needs to change in the profession of law.
Paul Cahill, Lawyer, Will Davidson LLP, Toronto
- Inside the Courtroom - 3 Medical Malpractice Trials
- This fascinating series of podcasts by Toronto lawyer Paul Cahill takes us inside the courtroom for the highs and lows of three medical malpractice trials. Hacopian Estate v. Mahmoud is based on the delayed diagnosis of uterine cancer and a tragic death. Paul’s theory of this case was simple; when it comes to cancer, early diagnosis is better. O’Neill-Renouf v. Ibraham focuses on a rare complication which occurred during a seemingly minor surgical procedure; Tension-Free Vaginal Tape Surgery (TVT). Paul discusses the ‘backwards perspective’ required to prove that in spite of the medical record saying everything went right, the nature of the injury inferred that something went terribly wrong. Woods v. Jackiewicz was a jury trial involving a 1991 pregnancy complicated by Twin to Twin Transfusion Syndrome (TTTS) with the tragic outcome of Cerebral Palsy. Paul discusses the signs and symptoms which should have prompted earlier investigations, and may have delayed the need for a stat C Section at 27 weeks gestation.
Farah Ismail, Nurse, Lawyer, Healthcare Consultant and Executive Leader
- Malpractice Concerns for Frontline Healthcare Providers During COVID-19
- Doctors and Nurses are tasked with providing safe, ethical and competent care - even in the midst of a pandemic. This incredibly relevant and timely interview with Executive Leader, Nurse, Lawyer Farah Ismail addresses considerations for minimizing the risk of malpractice claims during the COVID-19 crisis. There are already multiple claims of negligence against Nursing Homes and healthcare providers, with the likelihood of more to come. Hear real stories from the frontline and gain a deeper awareness of the evolving landscape of healthcare delivery and services in these stressful and uncertain times. This might just be one of the most important podcasts you listen to in 2020!
Shelagh McGregor, Lawyer, Weir Bowen, Edmonton
- The expert opinion of doctors, nurses and other healthcare professionals is critical in medical malpractice cases.
- This series of podcasts with plaintiff lawyer Shelagh McGregor is an absolute must for anyone considering medical legal work or wanting to know more about the role of the expert witness. Learn how important experts are to the justice system, what constitutes a great expert and a great expert report, and strategies for navigating the thing everyone worries about – going to court. Shelagh shares knowledge, insights and practical strategies that you won’t want to miss.
Maia Tomljanovic, Lawyer, Cuming Gillespie
- When you’ve spent your entire career finding negligence in the health care system, how do you trust that same system to take care of you?
- Don’t miss this fascinating episode of Inside Medical Malpractice as Chris Rokosh interviews medical malpractice lawyer Maia Tomljanovic about her somewhat rocky experience of having a baby. Hear what went right, what went wrong, and how her combination of medical and legal knowledge shaped her hopes, fears, expectations and could affect her future. Maia offers insight and advice to expectant mothers entering the hospital, and to the doctors and nurses who take care of them.
Richard Halpern, Lawyer, Gluckstein Lawyers
- Toronto lawyer Richard Halpern offers a great introduction to the basics of medical malpractice law and shares invaluable advice for nurses and doctors on documentation and communication.
- Richard provides an overview of the laws, challenges and legal principles that guide medical malpractice claims. Richard offers some great advice to healthcare professionals about communication and documentation and advice to injured patients who might be considering a malpractice claim. They discuss how lawyers decide when, or if, to take on a medical malpractice case. Hear about the difficult discussions and the practical decisions that help lawyers determine whether or not a claim has merit. Why wouldn’t a lawyer take the case? How much does it cost if they do? How do you find a qualified medical malpractice lawyer? And what are the steps required to commence a lawsuit? This highly experienced lawyer discusses how he handles these extremely complicated and ‘dangerous’ lawsuits from beginning to end. Learn how Richard walks the lengthy and sometimes arduous path of a malpractice lawsuit and discusses the 3 elements of determining financial damages; pain and suffering, loss of income and costs of future care.