An appellate court has ruled that a hospital’s attempt to manage a staff physician’s behavior through a written agreement went too far because the physician’s summary loss of privileges could be traced back to patient care issues.

The word "passive" derives from the Latin passivus, capable of suffering. From passivus came pati, to suffer, endure, from which we get "patient" (both the adjective and the noun). An opposing attorney will leap at an opportunity to paint a picture of a passive physician.

When this column addresses adverse events, we frequently try to identify some action or inaction that, if addressed differently, might have led to a better outcome. Though thankfully rare, errors nevertheless can occur even with a spotless work-up.

Some communications among a patient’s healthcare team may not be as direct as one would prefer, but they may still trigger a duty on the recipient to follow up. Dr. P, a general pediatrician, was called to attend a vaginal delivery of a newborn with a history of three fetal transfusion surgeries.

An important component of a medical professional liability lawsuit is the requirement that the plaintiff prove a causal connection between a breach in the standard of care and a claimed injury. A new case from the Court of Appeal provides an excellent illustration of this concept.