Inside Medical Malpractice

Send us a text On this episode of Inside Medical Malpractice, Chris Rokosh sits down with U.S. attorney and nationally recognized thought leader Kyle Sweet, JD, to explore one of the most powerful tools in reducing both harm and liability: ethical, effective communication. With decades of experience guiding healthcare systems through litigation, risk management, and patient safety challenges, Kyle shares how openness and transparency can transform outcomes for patients, families, and providers alike. We’ll discuss his collaboration with Leilani Schweitzer on the groundbreaking Certified Medical Harm Communicator (CMHC) course, designed to equip healthcare professionals with the skills to respond to adverse events with compassion and accountability — while also easing the fear and stress providers themselves carry after medical errors. This episode shines a light on how talking and listening can rebuild trust, promote healing on all sides, and reshape the culture of ‘deny and defend’ in medicine and malpractice law.  This is a great episode to share with every lawyer and healthcare provider you know!

Send us a text Hospital care is riskier during holidays—and sometimes with devastating consequences. In this encore episode of Inside Medical Malpractice, Chris Rokosh speaks with leading medical negligence lawyer Barb Legate about a newborn injury that occurred over the Christmas holidays in a large teaching hospital. What began as newborn jaundice progressed to kernicterus, one of many Hospital Never Events. They explore The Christmas Effect, uncover surprising trial details, and share practical ways to protect yourself or a loved one if hospitalization can’t be avoided this holiday season. Timely, powerful, and eye-opening. If you care about patient safety, accountability, or simply want to be an informed healthcare consumer, this is a conversation you won’t want to miss.

Send us a text What does it really mean to be an ethical expert witness? In this episode, Dr. Noah Kaufman — board-certified emergency physician, seasoned expert witness, medical commentator, and even American Ninja Warrior competitor — takes us inside the courtroom and the ER to explore the principles that guide his work as an expert witness. From choosing cases with integrity, to writing unbiased reports, to treating depositions as an “intellectual dance,”  and being relatable to a jury, Dr. Kaufman shares candid insights on credibility, fairness, and his approach to expert testimony. We also discuss his upcoming book The Ethical Expert Witness and what every lawyer, physician, and patient should know about the role ethics play in malpractice litigation.  Don’t miss this episode!

Send us a text Artificial intelligence is rewriting the rules of both medicine and law — and in this episode, we look into what that might really mean.  Senior lawyer Jan Marin of Gluckstein Personal Injury Lawyers joins Chris Rokosh to explore how AI is reshaping malpractice litigation: from “AI-specific errors” and automation bias to digital audit trails, product liability, and the rise of new expert witnesses.  We’ll also look at how hospitals may face institutional liability for the AI tools they choose and deploy.  If you’ve ever wondered who might bear the responsibility when healthcare decisions are influenced by algorithms, this is a conversation you won’t want to miss

Send us a text Artificial Intelligence has arrived in healthcare. It’s reading scans, predicting complications, guiding triage, and even recommending treatment.  AI is moving faster than the law can keep up — raising an important question about liability. When something goes wrong, who’s responsible?  In this episode, we explore how artificial intelligence is reshaping both the standard of care and the future of malpractice litigation.  Join us for the first of a 2-part series as medical negligence lawyer Jan Marin discusses the risks, the legal gray zones, and the potential scenarios that could redefine responsibility in clinical decision making.  Whether you’re a healthcare provider, a lawyer, or someone who’s interested in the future of healthcare, this is a conversation you can’t afford to miss!

Send us a text In the latest episode of the award-winning podcast Inside Medical Malpractice, host Chris Rokosh continues to examine leaders in the world of patient safety with a riveting interview with Michael Wong, JD. Listen to the powerful story behind Michael’s transformation from a successful defense attorney to a leading patient safety advocate. Driven by a promise made to the grieving mother of a young woman who died from opioid-induced respiratory depression while using a Patient Controlled Analgesia (PCA) pump in the hospital, Michael founded the Physician-Patient Alliance for Health and Safety.  Tune in as Michael reveals the groundbreaking initiatives PPAHS is spearheading, including the development of checklists and standards for PCA’s, DVT’s, sepsis and mechanical ventilation care. He passionately discusses the critical need for practical ‘right now’ solutions, marketing and cross-disciplinary collaboration to enhance patient safety.  His is clear about this: the need for a future where we work together to fix problems to make sure they don’t happen again. Don't miss this inspiring episode that sheds light on Michael’s relentless efforts to prevent medical errors and safeguard lives. And find out how you can help out at PPAHS.org.

Send us a text This month on Inside Medical Malpractice, join us for Part 2 of the powerful story behind the HBO documentary BLEED OUT, featuring director Steve Burrows and producer Judy Burrows. In our first episode, we explored the shocking outcome of Steve’s mom’s hip replacement surgery, which tragically left her in a coma. After a nearly decade-long fight for her life, Judie passed away on January 30, 202o.  But her legacy lives on. Judie’s story has sparked a movement for change, honoring her life and driving a nationwide commitment to prevent medical errors. Her story goes far beyond the screen, inspiring real reform in patient safety. If you haven’t seen BLEED OUT you can watch it on HBO or Connect Experts website (add link). You won’t want to miss it.

Send us a text This month on Inside Medical Malpractice, Part 1 of the unforgettable story behind the HBO documentary BLEED OUT, featuring director Steve Burrows and producer Margo Burrows.  What started as a simple fall from a bike and a routine hip replacement for Steve’s mother Judie quickly turned into a nightmare, leaving her in a coma with permanent brain damage. But BLEED OUT goes far beyond one family’s tragedy—Steve and Margo take us on a shocking journey into the hidden risks within our healthcare system, exposing urgent calls for reform and accountability. If you haven’t seen BLEED OUT you can watch it on HBO or Connect Experts website (Click here). You won’t want to miss this.

Send us a text Inside Medical Malpractice is back with Part 2 of ‘Two Perspectives, Endless Impact’ featuring RaDonda Vaught and Leilani Schweitzer.  In the first episode, we explored the patient safety landscape, the journey towards safer healthcare, the significant challenges we face, and how patients and families can become effective advocates for their own care. We also examined the need for cultural shifts and the role of technology in healthcare. In this amazing episode, Leilani and RaDonda focus on the need for gradual and deliberate change in healthcare by confronting the systemic issues that arise from top-down approaches, share inspiring stories of triumph and hope, and highlight the crucial yet often overlooked conversations that need to be initiated by healthcare institutions when things (inevitably)  go wrong. You'll also get a look into what's on the horizon for these two amazing women. This episode is a testament to optimism hope and the tenacity it takes to make things better. Don’t miss it!

Send us a text In the first episode of Season 5 of Inside Medical Malpractice Chris Rokosh brings together two remarkable repeat guests: RaDonda Vaught, a former Tennessee Registered Nurse whose medication error led to a patient's death, and Leilani Schweitzer, a mother who endured the devastating loss of her child due to a nurse's error. These unimaginable events could have not only shattered their lives but turned them into adversaries. Yet here they are, not as enemies, not destroyed, but united in a shared vision to improve patient safety. In this compelling conversation, RaDonda and Leilani demonstrate how profound personal loss can be transformed into a vision for positive change. Their collaboration represents a powerful testament to resilience and hope. Don't miss this inspiring episode that promises to reshape your perspective on patient safety. 

This month on ‘Inside Medical Malpractice’, the third in our ‘best of the best’ podcast series!  Chris Rokosh ends almost every episode 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 are as different as our guests’ unique perspectives….but always astute, insightful, and thought provoking. This episode includes a doctor, a mother who lost her son due to a medical error and 4 lawyers, one of whom shares her birth story. Listen in as guests Duncan Embury, Lelani Schweitzer, Richard Halpern, Paul Cahill, Maia Tomljanovic and Dr. Danielle Ofri share their thoughts. You’re going to really enjoy this one!  For more medical legal education, visit our newly updated website at https://www.connectmlx.com/. 

This month, on Inside Medical Malpractice, part three of a 4-part series on Trauma Informed Lawyering. Listen in as lawyer Sonia Nijjar, associate lawyer and director of business development and knowledge management at Neinstein Personal Injury Law Firm in Toronto tells us how dealing with medical malpractice clients at a very difficult time in their lives affect her.  Knowing how very wrong things can go in healthcare led to a hypervigilance during her own pregnancy and opened her eyes to significant challenges her clients experience when interacting with the healthcare system.  There’s insight on how healthcare access is affected by diversity, equality and inclusion highlighting the need for cultural competence in the presence of power and privilege.  Sonia shares how learning about trauma informed lawyering broadened her perspective and changed her practice, now giving credence to the experiences and trauma experienced by her clients.  Sonia also shares some of the greatest insights of the trauma informed workshop, one of them being that every lawyer, at times, has felt ill equipped to deal with trauma.  Additional insights? Learning to meet clients ‘where they’re at’ and offering a safe place to tell their story.  My favorite quote; “We’ve got to name what we’re looking at.  We’re looking at trauma.” This is another great episode in a fabulous series.  Listen to it, talk about it, and share it!

In this short, but highly personal episode, lawyer Sonia Nijjar tells us how she spends her time when she’s not working,  the challenge of Toronto winters, her life as a curious, independent child, her favorite foods, her all time favorite show, her greatest joy (her son!) and so much more. Learn what this intelligent, articulate lawyer would love to do if she weren’t lawyering.  Her strategy for happiness?  The balance of “not letting any part of me become all of me.” This is a great episode.  Don’t miss it!

This informative presentation features Dr. Sharon Dore, principal author, and Clinical Associate Professor at McMaster University. The goal of Guideline No. 441 is the early identification of potential fetal decompensation, allowing for interventions that support fetal well-being, or expedite delivery. Changes around assessment of fundal height, fetal movement, amniotic fluid measurement and fetal health surveillance affect the nursing and medical standards of care, as well as the analysis of medical legal matters. 

This month, on Inside Medical Malpractice, part two a 4-part series on Trauma Informed Lawyering. Listen in as Kara Hardin former lawyer, psychotherapist, mental health educator and co-owner of The Practice Lab talks about how our childhood search for safety, security, connection and belonging continue to shape our actions as adults.  Learn to notice how and when trauma response shows up and deciding how to move forward with compassion. There’s a fascinating discussion on how the ways we learn to survive as children, are the very things that can hold us back in adulthood.  Discover skills to help others feel believed, supported, and trusted, and safe to speak in difficult situations that involve the telling of their trauma stories. One of my favorite quotes?  “To be human and alive is to be exposed to grief and loss.”  You will love her insightful answers to the most important things we should all know about trauma in healthcare.  This is a great episode, and a key part of the Trauma Informed Lawyering series!

 In this short, but personal episode, Olivia Scobie offers fun and surprising insights into her pastimes, favourite food at an Egyptian brunch, the very particular music she dances to, the TV show “Naked and Afraid” and the alternate career path she might have chosen. Olivia shares two strategies for happiness (first of all, don’t focus on happiness) and offers her younger self some really heartfelt advice. Who is it that influenced Olivia the most and what do people must often get wrong about her? Listen and find out! 

This month, on Inside Medical Malpractice, the first of a 4 part series on Trauma Informed Lawyering.  Whether you’re a lawyer, a healthcare provider, a family who has experienced medical trauma, or someone who knows some who has, I promise there is something valuable here. This series will focus on the personal and vicarious trauma experienced during pregnancy and birth. Listen in as Olivia Scobie, Co-Founder of the Canadian Perinatal Mental Health Training and Registered Social Worker starts with key phrases and terms, and learning how to recognize trauma in others and ourselves.  Olivia will teach us about theories of trauma, how our brains remember and respond to traumatic experiences, the multiple sites of birth trauma, self regulation, co-regulation, and the window of tolerance.  Lawyers, learn how to better support your clients by understanding why they act the way they do in difficult situations, and how their own trauma can become yours. Olivia offers insight into how the impact of birth trauma can keep clients with potentially viable lawsuits from seeking legal counsel. She also has great advice on the most important things we should all know about trauma in healthcare.  Don’t miss this episode and the entire series!

Here it is! Part 2 of the open and honest conversation with former Tennessee RN RaDonda Vaught. On March 25, 2022, a jury found RaDonda guilty of criminally negligent homicide for her part in a fatal medication error at Nashville’s Vanderbilt University Medical Center. If you haven’t heard part one of this conversation, go back and listen.  It opens on the fateful day RaDonda accidently injected a paralyzing drug into Charlene Murphey and ends with her tearful meeting of Mrs. Murphey’s grandson in the Tractor Supply Store. Part two picks up the story after the nursing board had completed their investigation, leaving RaDonda with both her reputation and nursing licence intact. Then, an anonymous tip, a surprise inspection, state and federal investigations, sanctions to the hospital, and a criminal indictment. The story of how this medication error ended up in a criminal courtroom 4 ½ years after Mrs. Murphey’s death is one you’ll never forget.  The trial was watched around the world and has left a resounding impact on healthcare.  This is an important conversation for anyone who might ever end up in the hospital.  Don’t miss it.

On this episode of ‘Inside Medical Malpractice’, an interview like you’ve never heard before.  Listen in as Chris Rokosh talks to former Registered Nurse RaDonda Vaught. On March 25, 2022, a jury found RaDonda guilty of criminally negligent homicide for her part in a fatal medication error at Vanderbilt University Medical Center in Nashville, Tennessee. Criminal prosecution of a nurse is rare, but it happened.  And, when things go wrong, it’s easier to talk about a bad nurse than to examine a flawed system.  RaDonda will tell us a story which, she says, is so much bigger than herself. She reminds us that she only has a story because someone lost their life. Part one of this podcast starts on the fateful day RaDonda incidentally administered a paralyzing drug and ends with the touching story of how she met Mrs. Murphey’s grandson in the Tractor Supply Store. This interview is open.  And honest. And real. Don’t miss it.

The next episode of ‘Inside Medical Malpractice’ is another in a series exploring the top 5 issues in medical malpractice: Assessment, Medication Errors, Communication, Unsafe Use of Equipment, and Infection Control.   In this episode, Dr. Andrew Kotaska OB/GYN helps us take a deeper dive into the issue of communication errors, this time looking at the communication between healthcare providers. There are literally dozens of potential touchpoints in a single healthcare encounter….doctor to patient, doctor to nurse, nurse to patient, doctor to hospital/pharmacy/lab/X-ray, hospital to homecare. You get the idea.  Many of these touchpoints still rely heavily on human beings to overcome the multilayered challenge of delivering the right information, to the right person, in the right way, at the right time. Especially in critical situations.  Listen in as Dr. Kotaska offers some great advice on how to improve communication among members of the healthcare team, along with his perspective on the most important things we should all know about communication.  The number one reason to improve communication?  Patient safety. This is a great episode. Don’t miss it!