MR Magnet Triggers Gunshot Wound to Patient

Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it all. Here’s a sample of typical recent consultation discussions…

  • Former employee stole patient list. Now a competitor…
  • Patient suing doctor in small claims court…
  • Just received board complaint…
  • Allegations of sexual harassment by employee…
  • Patient filed police complaint doctor inappropriately touched her…
  • DEA showed up to my office…
  • Patient “extorting” me. “Pay me or I’ll slam you online.”
  • My carrier wants me to settle. My case is fully defensible…
  • My patient is demanding an unwarranted refund…
  • How do I safely terminate doctor-patient relationship?
  • How to avoid reporting to Data Bank…
  • I want my day in court. But don’t want to risk my nest egg…
  • Hospital wants to fire me…
  • Sham peer review inappropriately limiting privileges…
  • Can I safely use stem cells in my practice?
  • Patient’s results are not what was expected…
  • Just received request for medical records from an attorney…
  • Just received notice of intent to sue…
  • Just received summons for meritless case…
  • Safely responding to negative online reviews…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

The FDA publishes a database called MAUDE. The database allows you to identify whether any patients have had problems with medical devices. What is MAUDE?

Each year, the FDA receives several hundred thousand medical device reports (MDRs) of suspected device-associated deaths, serious injuries and malfunctions. The FDA uses MDRs to monitor device performance, detect potential device-related safety issues, and contribute to benefit-risk assessments of these products. The MAUDE database houses MDRs submitted to the FDA by mandatory reporters [1] (manufacturers, importers and device user facilities) and voluntary reporters such as health care professionals, patients and consumers.

Although MDRs are a valuable source of information, this passive surveillance system has limitations, including the potential submission of incomplete, inaccurate, untimely, unverified, or biased data. In addition, the incidence or prevalence of an event cannot be determined from this reporting system alone due to under-reporting of events, inaccuracies in reports, lack of verification that the device caused the reported event, and lack of information about frequency of device use. Because of this, MDRs comprise only one of the FDA’s several important post-market surveillance data sources.

GE manufactures MR machines. GE submitted a MAUDE report on its Optima MR450W. 

It was reported that a patient was brought into the magnet room with a concealed ferrous handgun. In the process of entering the bore, the handgun was attracted to the magnet and fired a single round. The patient received a gunshot wound in the right buttock area. The patient was examined by a physician at the site who described the entry and exit holes as very small and superficial, only penetrating subcutaneous tissue. Per protocol, the patient was taken to the hospital and the patient later informed the site that they were okay and healing well. The site reported that prior to the exam the patient had undergone a standard screening procedure for ferrous objects, which includes weapons specifically, and answered no to all screening questions.

In a separate and unrelated MR “incident”, a nurse was crushed by MR Gone Wild

The hospital bed was pulled uncontrollably into the MRI machine by its magnetic force as seen in photos obtained by KTVU.

A nurse became pinned between the bed and the machine and suffered crushing injuries, according to an investigation by Cal/OSHA.

“I was getting pushed by the bed,” nurse Ainah Cervantes told investigators in a report obtained by KTVU. “Basically, I was running backwards, If I didn’t run, the bed would smash me underneath.”

Online videos show the sheer power of the machine’s magnet on anything metal. MRI safety advocates say projectiles, burns and implanted devices are common causes of MRI-related injuries and deaths.

Cervantes had a severe laceration that required surgery, which included the removal of two embedded screws, documents show. The patient who fell from the bed onto the floor at the time was not hurt.

Back to the original story. Seems like it was such a freak event, and it could never happen again, right? 

Wrong.

The recent death of a Brazilian man in an MRI suite has brought attention again to the safety measures utilized in MRI suites. The MRI’s strong magnet caused the man’s gun to discharge involuntarily, shooting him in the abdomen. The question has been asked worldwide, “How could an accident like this occur in an MRI suite? How did a gun get into the MRI suite?”

It’s essential to know the facts surrounding this tragic accident. The man who died was not the patient — he brought his mother to the facility for an MRI. The facility followed its safety protocol, screening both the mother and her son about the presence of metal; both signed documents stating that they understood the risks of metal being within reach of the strong magnet.

A Health Imaging writer spoke to Tobias Gilk, senior vice president of RAD-Planning and founder of Gilk Radiology Consultants, to assess MRI safety procedures to help prevent future mishaps. He believes that despite considerable advances in patient safety, safety risks are more significant now than in the past. One of the primary reasons for his concern is the proliferation of implanted medical devices.

The list of MR safety challenges is not short.

  • Patients may forget that old aneurysm clip but remember to tell the MRI tech about their recent knee replacement surgery.
  • Metal objects may become projectiles if taken in the exam room. Wheelchairs, stretchers, and oxygen tanks are regulated as to their use in the exam room. Examples include a steel oxygen tank that hurled through a cinder block wall from the power of the MRI’s magnet.
  • Some clothing contains metallic threads, which can heat up during the MRI exam and burn the patient.
  • Cosmetic products, including false eyelashes, hair extensions, and tattooed makeup, can pose risks, as can permanent jewelry and body piercings.

The most common safety risk of MR imaging? 

Burns

 Burns associated with the MRI’s radiofrequency (RF) field can occur in a variety of ways, the most obvious of which is when a patient comes in contact with the bore during scanning.

“A bedsheet alone won’t protect a patient from near field burns; you must use insulated pads that are about an inch thick to ensure the patient isn’t burned due to unsafe proximity to the bore,” advised Robert E. Watson, Jr., MD, PhD, associate professor of radiology at Mayo Clinic, Rochester, MN, chair of the American Board of MR Safety (ABMRS), and chair of the American College of Radiology (ACR) MR Safety Committee. “This is especially important if the patient is under anesthesia. If insulating padding slips out of place as when the patient is being advanced into the magnet, a body part could contact the bore and a severe burn could result, especially because the patient won’t react to the heating.”

“Today, fabrics used for undergarments and athletic clothing are made with copper fibers meant to hide odor,” Dr. Segovis explained. “In the MRI, metallic fibers burn patients, so it is important that they put on approved clothing prior to a scan.”

MR Imaging is generally safe. But it’s easy to see how a patient can be injured if the team technicians become complacent. 

What do you think?

 

Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it all. Here’s a sample of typical recent consultation discussions…

  • Former employee stole patient list. Now a competitor…
  • Patient suing doctor in small claims court…
  • Just received board complaint…
  • Allegations of sexual harassment by employee…
  • Patient filed police complaint doctor inappropriately touched her…
  • DEA showed up to my office…
  • Patient “extorting” me. “Pay me or I’ll slam you online.”
  • My carrier wants me to settle. My case is fully defensible…
  • My patient is demanding an unwarranted refund…
  • How do I safely terminate doctor-patient relationship?
  • How to avoid reporting to Data Bank…
  • I want my day in court. But don’t want to risk my nest egg…
  • Hospital wants to fire me…
  • Sham peer review inappropriately limiting privileges…
  • Can I safely use stem cells in my practice?
  • Patient’s results are not what was expected…
  • Just received request for medical records from an attorney…
  • Just received notice of intent to sue…
  • Just received summons for meritless case…
  • Safely responding to negative online reviews…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2023 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.

How to Respond to Negative Patient Reviews: A Doctor’s Complete Guide

An image depicting a bad review.
Dr Segal is the best partner to assist you when dealing with challenging patient issues. Being both a physician and a lawyer gives him the compassion and unique understanding of the situation. He is a great listener, and with his wealth of experience formulates options to help bring the issues to resolution. He will work tirelessly for you, because he really cares.
Brian Maloney
Brian Maloney
17:46 13 May 24
We are a group of physicians that have been working with the Medical Justice eMerit team for the past 9 years. They have helped us obtain many more reviews from our patients by streamlining the process and making it much more convenient for our patients. They have also helped us in the process of flagging and getting fictitious reviews removed. Throughout our experience with them, they have been highly effective, honest, timely, talented and professional. If you are looking for a service to help manage your reviews, we highly recommend them.
Elliott23232323
Elliott23232323
14:44 17 Jan 24
The competence and responsiveness of the Medical Justice / eMerit team is remarkable. We have been super impressed with Robin and Josh, and their entire team. We ran a "test" with them and we've been more than happy to give them more business. They are now our go-to group. Thanks again, Team Medical Justice!
Christopher Scully
Christopher Scully
13:54 15 Dec 23
I have been a client for many years and have appreciated Medical Justice's expertise and numerous perks including internet defamation prevention. The team was readily responsive to my needs and helped to remove an unwarranted negative online post. It's difficult enough to practice medicine, much less maintain one's professional online reputation. I highly recommend Medical Justice for any medical professional.
Sohail Delfani, MD
Sohail Delfani, MD
17:05 25 Oct 23
Very enjoyable experience
Brittan Willimon
Brittan Willimon
21:13 09 Jan 23
Totally worth it! I had an issue with a very large insurance company threatening to remove me from their network. Contacted Medical Justice right away. Within lass then a week, Dr. Segal had crafted a magnificent 60-page appeal! Insurance company kept me in network, which saved me a lot of hassle and headache. Worth every penny!
Barbara Wood
Barbara Wood
18:01 13 Dec 22
I have used emerit for 10 years and have been extremely pleased with their service. highly recommend to all medical professionals especially plastic surgeons. very responsive CEO and staff. thanks!!!
Neil Zemmel
Neil Zemmel
13:56 13 Apr 22
When hiring someone professionally fortheir advice, the most important aspectfor me is their time that they give me todiscuss what I need to get the job done.Dr. Segal was always available whenever Ineeded to speak. He is extremelyknowledgeable, patient and kind. He hasthe unique perspective of the legalprofession from a doctors point of view.This is priceless in terms of understandinga Doctor's concerns.
Endodontic Group
Endodontic Group
00:38 31 Jan 22
I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. Your matters are handled STAT and in a professional and assuring manner. In a legal sense, they set you up with tools for preventive care, assist when there is an injury and handle the legal traumas. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. No physician or dentist should be without this service...period.
Edward Kirsh
Edward Kirsh
21:17 30 Jan 22
I highly recommend Dr. Segal for all doctors who would like to have a bullet proof practice and avoid unnecessary litigation and threat by patients. He is always available and punctuate with time. We have a very busy practice in northern California and Dr. Segal has been a unbelievable asset and success to run it smoothly. You won't regret his service.
Sani Aesthetics, M.D.
Sani Aesthetics, M.D.
01:17 28 Jan 22
Medical Justice is always responsive and gets to solutions. We especially appreciate Josh P and his relentless drive to help us satisfy our customers. Their knowledge of the digital landscape brings us closer to prospective patients.
What's NEXT
What's NEXT
15:06 16 Nov 21
Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. Recommended to any healthcare provider needing help online with social media.
Spencer Hawkins
Spencer Hawkins
16:37 12 Sep 21
Dr. Jeffrey Segal and Medical Justice are amazing! They helped me deal with a frivolous and false board complaint to my license quickly and professionally. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. Dr. Segal also helped greatly in advising me how to protect my practice and avoid similar issues moving forward. I'm fortunate to have found their services! While I hope to not have to deal with more frivolous complaints in the future, I feel better knowing that Dr Segal and Medical Justice are there to help me navigate through what may come.
Lisa Wagner
Lisa Wagner
18:06 16 Aug 21
Dr. Jeff Segal is great at what he does! As a physician and lawyer he understands clearly the difficulty of practicing in this day and age. Having both backgrounds is his biggest strength in the medico-legal arena. He gives sound logical advice and is very responsive. I am glad that I trusted him with my issue which he solved by doing background research into the issue from other specialists. He approached the problem like a physician in a very methodical and detail -oriented way. I'm so happy to have found him! I highly recommend!!!
Nicole Basa MD
Nicole Basa MD
02:14 10 Aug 21
Medical Justice is the GO TOO for any medical provider.
Curt Litton
Curt Litton
00:35 29 Jul 21
Medical Justice exceeded my expectations on delivery of professional services. Top notch professionals, only the Best, and advisors on every medico-legal area of health care, especially Dentistry, with the Great, Vince Monticello, DDS, MBA, JD, on-board. By far a great investment. I enjoy doing business with Jeff and his Outstanding Team!
Rob Eye
Rob Eye
16:16 27 Jul 21
I’ve now been a subscriber and client of medical justice for over a year. Dr. and attorney Jeff Segal has been helpful on several occasions. He has guided me through both potential patient issues as well as recent HR pandemic concerns. He along with the Medical Justice team have given me reassuring legal advice that allows me to proceed with confidence through these difficult times. This is one of my best investments in business and personally.
Walter Tom
Walter Tom
16:06 25 Jul 21
I cannot give enough thanks for Medical Justice’s existence! It is a company that fills such a highly needed niche’ in medicine – especially aesthetic medicine. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. I admire his drive and envy his intelligence. He first completes a rigorous Neurosurgery Residency. That by itself deserves tremendous kudos from anyone in the medical universe. Yet, he eventually goes back to obtain his JD. Yet what he has done in blending those two degrees into an amazing entity, Medical Justice, is nothing short of phenomenal.I was an early adopter of Medical Justice, and all that it provided for me as a surgeon and a business owner, as I am in my 12th year (this year being 2021) of being a member of Medical Justice. Throughout those twelve years, I have leaned on their team in helping maintain a fair and hard-earned online reputation when unfairly attacked. Also, Dr. Segal has always been personally involved with assisting me in resolving conflicts with difficult and unreasonable patients. He has always been only a phone call away, and prompt with his response.What I have especially appreciated is in my discussions resolving these occasional issues with patients over many years, Jeff seems to possess a third therapist certification as a compassionate, empathetic peer that understands my hurt and frustration. He has a way through the phone to put his arm around me, making me feel he sympathizes with my hurt and frustration, and together we will get through whatever issue, and the sun will rise in the morning. He then produces what he promises, as he has threaded the needle to resolution more than once for me. He feels like the big brother I never had that is there for you with honest, realistic guidance to amicable conclusions, when called upon.I just hope I retire before him. I can’t image practicing my specialty without someone like him, as well as his amazing team that he has gathered, that has and continues to have my back. - Dr. Burke Robinson, Robinson Facial Plastic Surgery
Burke Robinson
Burke Robinson
19:17 14 Jul 21
I cannot recommend a more professional or effective and caring team to help in legal matters which are delicate and require a high level of care. Dr. Segal is one of the most intelligent, thoughtful, and efficient attorneys that I have had that pleasure of working with. He was always available and attentive and demonstrated genuine concern and compassion towards making sure that all matters were handled with the highest level of efficacy. I highly recommend Dr. Segal and his team to any physician or practice, they will not disappoint!
Kriti Mohan
Kriti Mohan
02:15 15 Mar 21
Dr. Segal is kind, professional, and a complete genius! I am so glad to have found him! I would recommend him hands down for anyone needing legal assistance!
Samantha Britt
Samantha Britt
19:57 28 Jan 21
I am an oculofacial plastic surgeon who has been a member of Medical Justice for well over 10 years. It is a pleasure for me to be able to recommend their services to others.We have utilized the Medical Justice consent forms for operative patients throughout this time. It gives me peace of mind to know that any expert witnesses who may be called to give testimony against me are from my specialty. It also gives notice to any potential plaintiff firms that I have not only my malpractice carrier but also Medical Justice working for me should any claims arise, and puts them on notice that any frivolous claims can be in turn be litigated by me against them and the plaintiff.Does this translate to less claims or better results if claims are brought? I can only say that in 30 years of practice I have had a handful of patients request records be sent to plaintiff attorneys, and none have become suits.I can and have offered my highest recommendation for this firm and their services. Their services and client support are outstanding, and are especially beneficial when that letter for your records comes in. To have them on your side is a comfort we can all use.
Alan Brackup
Alan Brackup
15:01 07 Dec 20
The Medical Justice team have a wealth of knowledge and experience in this space. I highly recommend them to medical professionals and practices of any size. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective.
GenXovite Pro
GenXovite Pro
15:42 23 Nov 20
As a physician, reputation is everything. This is why I’ve trusted Emerit for years! Their unmatched ability to handle my clinic’s online reputation has helped us earn more credibility therefor increasing our patient base. They also create custom surveys for patients along with weekly reports so we can provide better treatment. These little things give us the ability to address certain areas of the practice and fix them immediately. I would highly recommend that healthcare providers to at least consider Emerit when considering an online reputation partner. I know I’m glad we did … Robert Odell, MD, PhD, Neuropathy & Pain Centers of Las Vegas
Robert Odell
Robert Odell
17:06 13 Nov 20
I recommend Medical Justice and its founder Dr. Jeff Segal with great enthusiasm. As medicine evolves the private practitioner has become increasingly more isolated. I signed up with Medical Justice so that I would have a sound legal back up for clinical business decision making. My private consultation with Dr. Siegel, neurosurgeon and attorney was insightful. His team, medical justice has already supplied us with appropriate patient forms to help me to continue practicing medicine with confidence. They have already initiated our web presence reviewing with recommendations.Dr. Segal was also readily available for a specific case consultation, and I appreciate his counsel and direction. The peace of mind and collegiality is well worth the investment in Medical Justice.
Walter Tom (Dr Walter Tom)
Walter Tom (Dr Walter Tom)
18:56 05 Nov 20
Have had the help from Medical Justice for about a year now. They are very responsive and always available to answer questions and help with any practice issues I may have. The most satisfying aspect of their assistance is in obtaining and posting patient reviews on various sites. A big help in that
Jonathan Lebowitz
Jonathan Lebowitz
00:50 03 Nov 20
In this era of digital feedback and punishment through fraudulent reviews. I wouldn't leave home without them!!
David Pincus
David Pincus
15:15 02 Nov 20
After a complete nightmare of a frivolous suit in 2002, aided and abetted by the sheer avarice of a competing surgeon right across the street (stunningly, a $2.1 million award over a pea-sized suture granuloma; when it went to the state medical board they dismissed the case as “groundless”), I was advised to join Medical Justice.What a wonderful team! Everyone there has been immediately available for any questions or concerns that have come up over the years. Just having Medical Justice’s cover letter stating that one’s a member will be enough to stop a frivolous threat dead in its tracks — and that alone makes the eminently reasonable annual fee worthwhile many times over.Knowing that Medical Justice “has my back”, and knowing that because of these fabulous people, the worst and most profoundly mind-bending experience of my life would never be allowed to happen again has given me the peace of mind to continue and even enjoy and relish my career over these many years.I can’t say enough about Dr. Jeff Segal, Mike Odden, Wendy Cates and the rest of this amazing team! Joining Medical Justice absolutely will be one of the best decisions of your career. How about 10 stars!⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️
Holly Barbour
Holly Barbour
18:39 05 Mar 20
We have been MedicalJustice members for over nine years, and this is a service that has been priceless for us, and our facial plastic surgical practice. Ninety percent of our new patients cite the Internet as their source of referral, so for us, our internet reputation is priceless. Plus my kids see what's on the internet about our practice. MedicalJustice scours the internet for any online posts about your practice, good and bad. Even if you are able to do things exceedingly well, it is unlikely that you will be able to deliver impeccable care with exemplary bedside manner 100% of the time, have the perfect staff, and count zero competitors. And thus, unfortunately, being defamed on the Internet is an occupational hazard.I recommend MedicalJustice without reservation to any medical practice, since nearly all patients will google you before calling for an appointment. Everyone at MedicalJustrice from our advisor Shannon, to the CEO, Dr Jeff Segal, is knowledgeable, friendly, and genuinely glad to help physician practices like ours. I am grateful for all they have done to help our "mom and pop shop" thrive, and navigate unchartered waters on the internet. MedicalJustice has been outstanding for our practice in these situations :1)Reputation management. The American Academy of Facial Plastic and Reconstructive Surgery recommended MedicalJustice to all members in 2009, and after we got on-board, we were surprised to see more than a few negative internet reviews and comments about our practice. Frankly, I do not have the time nor desire to actively surveil the internet about our practice, but someone NEEDS to. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. 12% of patients who request rhinoplasty have BDD, and as of August2018, there is no reliable method for ruling this out preoperatively. The small minority of unhappy postoperative patients may post on multiple sites, and have the longest and most painful words. MedicalJustice has helped us A LOT in this arena.3) Dealing with internet defamation.4) How to manage the disgruntled patient, and more importantly, the "difficult" scenario where you don't know what to do, and it's not malpractice.5) How to manage patients threatening to harm themselves or others.6) How to manage patients demanding a refund.7) Advice with patients threatening to sue.8) Advice with copyright infringement.9) Obtaining positive reviews from our patients with eMerit.If any physicians wish to reach out to us for any questions, it would be our pleasure. Thank you. Dr Joseph
Eric M. Joseph, M.D.
Eric M. Joseph, M.D.
19:17 09 Mar 19
Great doctor.My neck pain is gone. The doctor explained everything in detail. He was patient and respectful.
Sushil Basra
Sushil Basra
01:57 31 Jan 19
No medical professional should be without this service! I have been a long time member and will never give up my membership. I have never had such clear and concise solutions to common issues, education regarding what I need to do and how to be best prepared for common issues that arise. Whenever I have had a question, I get immediate responses that are clear, concise and of great value! Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. You need to be aware, and appropriate- this service is absolutely the best resource you could want for you to meet your obligations, as well as be prepared for common issues. Not only has Dr Segal experienced both sides of many of these issues- he is brilliant, and condenses issues down - allowing you options that allow for the smoothest possible outcome for all involved. I honestly could not recommend it more!CR MD
Celia R
Celia R
18:35 12 Nov 18
A must-have for every physician. Their expertise in medical malpractice defense, and internet reputation management, is unparalleled.
Armond Levy
Armond Levy
01:27 07 Oct 18
HIPAA is complicated and always changing. That is why I recommend Medical Justice to all my clients. They are knowledgeable and trustworthy.
Jen Longtin
Jen Longtin
22:58 29 Sep 18
Impeccable service and reputation from the CEO on down. Helped me grow my practice by vastly improving the quality of my online presence. In addition, I am now insulated from the occasional anonymous and damaging online reviews. I see many additional new patients who have “googled” me and have read my numerous outstanding reviews. In addition they have helped protect me from frivolous law suits while readily providing expert legal advice. In this day and age, in my opinion, every physician needs Medical Justice standing behind them. Thank you, Medical Justice!
David K
David K
05:57 16 Sep 18
I have partnered with their organization while working in two separate companies and they have continued to provide outstanding support, superior service and communication and remain ever available. I would not practice medicine without their support.
Christina A
Christina A
15:16 13 Sep 18
We have been working with Medical Justice and Emerit for years. I would highly recommend them. They have been very responsive to all of our needs in our practice. They have guided us on how to get our patients to share their experiences online Dr. Segal has given us honest advice over the years and he has never steered us wrong. Highly, highly recommend Medical Justice!
Angela Parker
Angela Parker
20:25 12 Sep 18
Medical Justice is the real deal. They are professional, knowledgeable, timely, and their rates are beyond reasonable. Put all of that together and they have become an invaluable asset to our practice.
Jackie Foster
Jackie Foster
17:38 06 Sep 18
Our surgical practice joined Medical Justice and eMerit many years ago and it has been an invaluable resource and support. Jeff Segal, the founder, is a surgeon and an attorney who understands the challenges that physicians face today. They have been our advisors, mentors and dispensers of wisdom for any and every issue that we presented to them as well as in growing our practice. I can't imagine running our practice without them all of these years.
Bonnie Pontell
Bonnie Pontell
14:48 06 Sep 18
EXTREMELY beneficial. The ratings have done more for my Google search rankings than my website. Worth every penny. It is 2018--get on board with your online presence!
Scott Phillips
Scott Phillips
14:13 06 Sep 18
I have been a client of Medical Justice for many years. They provide a fantastic opportunity for Healthcare providers to defend against frivolous claims and to control their reviews using the eMerit platform.The service and the reviews have been extremely valuable to my practice, my social media presence and ratings as well as protection against some false claims over the years.They are always available, responsive and timely in their assistance. Dr. Segal offers a wealth of resources, insight and legal advice due to his vast experience in this venue.I highly recommend this service for anyone with a medical or dental practice.
Semira Bayati
Semira Bayati
16:27 05 Sep 18
Dental Justice has helped us manage challenging patients who are impossible to please. Let them show you that there is a better way than being frustrated.
Mitchel Friedman
Mitchel Friedman
14:53 04 Sep 18
Worked with Dr. Jeff Segal and his team for many years, I absolutely trust them when it comes to protecting our practice and team. I give my highest recommendation and I sincerely appreciate your thoughtful approach as leaders in the industry ( :
Rich Castellano
Rich Castellano
03:40 04 Sep 18
I have been a member since its' inception and can recommend the company without any reservations whatsoever. I benefited from their online review services, their involvent in preventing a frivilous malpractice threat, and their pro-active legal seminars. Thank you Dr. Segal for all your efforts.
Michael Prater
Michael Prater
21:55 02 Sep 18
It only took one reading for me to become a big fan of Leonard Berlin's.Who was Leonard Berlin?He's the radiologist who countersued a plaintiff who tried to make a fast buck by frivolously suing him. When I finally met him, I told him that I'd been following what he was doing.Berlin was the first MD I knew who fought back. When I read about Medical Justice, it was clear to me that in case I got sued frivolously, I, too, would be able to counterpunch.Raised by a pair of criminal lawyers in New Orleans (yes, really), I pretty much had a (legalistic) chip on my shoulder from childhood. Medical Justice welded it there. Instead of being a 98-pound weakling in the face of a pseudo-legal assault, it made me a Charles Atlas kinda guy.No fear after joining up. I was surprised at how reasonable the rates are.
Joseph Horton
Joseph Horton
19:00 02 Sep 18
I have used Dental Justice for the past several years and have always been happy with their service. They are professional and timely. Dr Segal has been great with his knowledge, advice, services and timely responses. I would highly recommend them to anyone in the dental or medical profession.
Shane Claiborne
Shane Claiborne
14:28 31 Aug 18
I have been using E Merit and Medical Justice’s services for the last nine years. I have found their helpful feedback to be of tremendous value to me and to my practice. I am extremely grateful to Jeff Segal and his entire team for their thoughtful and professional help. You will not be sorry if you give them a chance. I don’t know anyone who has not found them immensely helpful or who has stop using them once they have engaged their services.
Joseph Stern
Joseph Stern
01:43 30 Aug 18
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First, a brief but necessary introduction: 

Negative patient reviews are a fact of life. You can’t avoid them, and you shouldn’t ignore them. Instead, deal with them by leveraging the techniques you’ve honed as a physician – diagnose the problem, synthesize a cure, and administer treatment. At Medical Justice, we’ve helped our clients respond to thousands of negative patient reviews. Today, we are sharing the essentials ingredients with the public – addressing reviews from anonymous patients slamming doctors online.

If you are preparing a response to a negative patient review, schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD. We offer complimentary consultations specific to patient reviews. We’ll help you defend your practice’s reputation and keep you from stepping on one of the dozens of regulatory landmines that catch doctors and practice managers off-guard. Use the form below to schedule your free consultation. 

Our hope is that physicians will exit this page having learned how to respond to negative patient reviews in a way that is effective, concise, respectful of their limited time, and HIPAA compliant. We’ll achieve this end by providing readers with several guidelines and real-life examples. Additional resources are available for download within the article. 

Now that you know the agenda – let’s start by reviewing the essentials…

How to Respond to Negative Patient Reviews: The 5 Golden Rules to Follow

Responding to negative patient reviews is a time-consuming process. There are also regulatory landmines doctors must avoid. Some are obvious: Never reveal information about a patient’s treatment without their written authorization. Never identify the author of a review as your patient. Never post billing information online. Others are not as obvious.  

When writing a response to a negative patient review, you must remember…

1. A model response shows the practice is reasonable and isn’t in a debate.

2. A model response educates the public.

3. A model response addresses the concerns raised in the review.

4. A model response takes the conversation offline.

5. A model response does not address the author directly.

Write these rules on a piece of paper and share them with your staff. The employee responsible for finding and responding to negative patient reviews should commit these to memory.

The next part of this lesson involves carefully dissecting several real-life examples; examples of negative reviews and examples of model responses. Consider how the examples incorporate all five of the principles outlined above. We’ve prepared a total of four examples, organized into sets of two.  

The first set teaches physicians how to respond to negative reviews that result from medical complications. The second set provides instruction on how to respond to negative reviews that result from unexpected costs.

Disclaimer: All examples featured in this piece were collected and posted online by our online reputation management platform, eMerit. The model responses were written by our account managers in collaboration with our clients.  We should mention most of the feedback our clients collect is positive. However, we have never filtered reviews. We believe the practice of filtering patient reviews is deceptive. Professional licensing boards regulate advertising and marketing. To such boards, filtering reviews can be perceived as false and deceptive advertising. Further, Google follows this guiding principle in its new E.A.T rules. If you are unfamiliar with E.A.T., we suggest reading this article published by SterlingSky. The penalties can be harsh. You’ve been warned. 

That said – let’s dive in…

So – How Do You Respond to a Negative Patient Review that Resulted from a Medical Complication?

Most medical/surgical procedures are completed without issue. The patient is satisfied with the results and renders payment in a timely fashion. The patient moves on, and so does the doctor. Other times the patient exits the practice feeling dissatisfied either because of objective or subjective concerns. An objective concern is a complication, expected or unexpected. A subjective concern is a mismanaged expectation.  This may spark exchanges like the example depicted below…

An image depicting a response to a bad review.

Most medical/surgical procedures are completed without issue. The patient is satisfied with the results and renders payment in a timely fashion. The patient moves on, and so does the doctor. Other times the patient exits the practice feeling dissatisfied either because of objective or subjective concerns. An objective concern is a complication, expected or unexpected. A subjective concern is a mismanaged expectation.  This may spark exchanges like the example depicted below…

“While we are sympathetic toward patients who do not see their desired results, we must emphasize that Dr. [BLANK] is board certified through the American Board of Plastic Surgery for plastic and reconstructive surgery in [BLANK], [BLANK]. We hope that readers understand that unfounded allegations like in the above review serve only to start harmful rumors.”

The practice has taken a defensive stance, but it is not an emotional one. They are simply stating facts. The practice acknowledges the patient’s dissatisfaction without divulging unnecessary information. They are content to keep “their side of the story” to themselves.  

At a glance, this sounds like a terrible tactic. There are, after all, two sides to every story. Sharing your side of the story may offer the public insight into the clinical aspects of your care. Your side of the story may vindicate you – if not in the eyes of patients, perhaps in the eyes of your fellow physicians.  

The temptation to tell all is strong. Still – don’t do this. You’ll get burned. 

Imagine a situation where a patient and a doctor are arguing. For the physician to tell his side of the story, what must he do? He must reveal details about the patient’s care. This is a potential HIPAA violation. 

Therefore – a physician should never attempt to tell “his side of the story” when responding to an online review unless the patient has provided the physician with expressed written consent. Unless his audience is clairvoyant, the surgeon can’t share his thoughts without creating a public record of the patient’s care. Irritating? Absolutely. Can you still demonstrate your clinical expertise to the public? Absolutely. But there’s an optimal way to do it. We’ll explain how – let’s return to the above example.  

When the patient calls into question the physician’s qualifications, the practice refutes the claim, as we saw above. But then they take an extra step…

“Additionally, his well-honed skills have earned him much recognition, such as being voted one of ‘America’s Top Surgeons’ in 2014 and 2015 by the Consumers Research Council of America.”

Perhaps this is more information than is necessary to refute the patient, but that’s the point. Use negative reviews as an opportunity to highlight your qualifications. The response also provides the public with some general insight into the medical complication that triggered the negative review. 

“Breast implants bottoming out, though uncommon, is serious and does happen from time-to-time. It’s hard to determine one reason why bottoming out occurs, but contributing factors can include weak breast tissue, smoking, large amounts of weight loss, or even exercising without a support bra.”

This is how you demonstrate your clinical expertise to the public. Be general, and do not address the author of the negative review. The practice never refers to the review’s author as “you. In fact, the practice barely refers to the patient at all. This is by design. When drafting your responses, you must remember: The author of the review will read your response. Your goal is to resolve his/her concerns. But the author of the negative review is not the only patient who will read your reply. It may be seen by hundreds of prospective patients. So, it pays to respond to negative reviews in a genial manner

We’ll close our analysis of this example by examining the practice’s closing remarks

Any patient who has experienced their implants bottoming out is encouraged to contact our office so we can discuss a revision surgery.

The purpose of this closing statement is twofold. For one, it addresses the concerns that inspired the negative review. The patient is unhappy with her results and is seeking a remedy. The remedy the practice offers is a revision surgery. Not a free surgery, or a discounted surgery, but a surgery. Perhaps it will be free. Perhaps it will be discounted. But those are details to be worked out at the practice’s discretion. The point is the patient posted with a problem and presumably left with an answer. 

Lastly: the closing statement takes the debate offline. The patient’s instructions are clear. If she wants to schedule a revision, she must contact the office directly. Taking the debate offline puts the practice in control and reduces the likelihood the patient’s personal information will be spilled online. And if the doctor-patient relationship continues to sour, it may be best for all parties if doctor and patient parted ways. Our sibling article explains how this must be done in detail: Perfecting the Patient Dismissal Letter.

Let’s examine another example. Like the first, the exchange below depicts a patient who is not satisfied with their care. We suggest reading the response below and then reviewing the five “golden rules” described in this article’s opening paragraphs. Treat it like a test – see if you can identify how the response employs all five in order to achieve a positive end result. 

An image depicting another response to a bad review.

The response paints the practice in a rational light by explaining why treatment described in the negative review (functional capacity evaluations) is necessary. This is done without addressing the author of the review directly. Opening with a clinical truth will keep your emotions out of the response and your focus oeducating the public. When you can, share a detail about your practice’s mission statement or payment protocols. In the example above, the practice educates the audience by including the following statement in their response:

“We certainly sympathize with our patients and the pain they have due to injuries or other conditions. It is our absolute duty to lessen pain whenever we can. But we do not perform tests without necessity or precaution.”

The benefits of such a statement are obvious. It sets a certain expectation. And that expectation is, paraphrased, simply this: “We do not perform needless procedures.” 

The next priorities are addressing the concerns raised by the review and taking the debate offline. The patient is seeking a solution to their pain. The practice addresses this concern by telling the patient to contact their office directly for assistance. 

Next, the cost of treatment is a common point of contention for patients. Let’s shift our focus and discuss the best way to respond to such reviews, starting with the example below…

So – How Do You Respond to a Patient Upset By the Cost of a Procedure?

A reply to a bad review.

For the sake of brevity, we’ve condensed our analysis into five key points – we trust you are now familiar with them. 

How does the response demonstrate to the public the practice is rational?

“We are sensitive to the costs of medical care and strike to provide care that is not only effective but also affordable.”

“Billing, while by no means our primary motivation, is simply what allows us to continue to serve our patients.”

We’ve said it before, and it bears repeating: The best way to sanitize your responses is to deal strictly with facts. Speculative statements are easily misinterpreted by patients and may inspire a string of toxic replies. Both above statements are facts. The first explains the mission statement of the practice. The second acknowledges a universal truth – services cost money to render. A hard point to argue. 

How does the response educate the reader?

“Additionally, as a demonstration of our commitment to our patients we often offer payment plans to fit their individual needs.”

In our first example, the practice educated the public by sharing information about a typical surgical complication: breast implants bottoming out. This information was relevant to the patient’s critique and could be shared without revealing specific information about the patient’s care.  

In this second example, the source of the complaint is not a medical complication. The patient is complaining about the cost of the procedure. If you receive a complaint like this, educate the public by revealing how you help patients pay for their procedures. In the above example, the practice educates the public by revealing that it allows patients to pay for their care through customized payment plans.  

How does the response address the concerns raised in the review?

“Any patient who has questions about their account balance should contact our office. We’d be happy to help.”

How does the response take the conversation offline?

See above. Any invitation to contact the office directly will achieve this end.

Does the response address to the patient directly?

No. Non-specific statements such as “our patients” and “any patient” should be your go-to substitutes for pronouns such as “You”, “She”, and “He.”

Let’s examine one more example. Like the example above, it depicts a patient who is dissatisfied with the cost of their care. There is one big difference, however. The dispute below involves a third-party: the patient’s insurance carrier.

A response to a bad review.

Responding to this kind of negative review can be difficult, as it requires the practice to enter a space where neither the patient nor the physician has complete control. Attempt to manage the online narrative by presenting the patient (and the public) with facts about your practice – write what you know.

“When asked, we try to provide quotes that are as accurate as possible. Though our costs are transparent, consistent, and competitive, we cannot always speak definitively on how an insurance provider will cover a given procedure.

We understand how frustrating an unpleasant surprise like this can be and we often work with patients to find a solution that best fits their circumstances.”

When done thoughtfully, this information can be used to educate the public and position your practice as a business that is patient, rational, and sensitive to the needs of patients. This response also addresses the patient’s concerns and takes the debate offline. If the patient wants to discuss his/her circumstances with the practice, the best way to start that conversation is by getting off the internet and contacting the practice directly. The practice has not promised anything, which is wise, but it is not stonewalling, either. The outcome, favorable or unfavorable, will be determined by the private conversation that takes place between the patient and their care provider. 

And with that, we’ve come to the end of our list of examples. While we believe the above four analyses are detailed and insightful, we recognize they are not exhaustive. There are many more reasons why patients write negative reviews. If you are dealing with negative patient reviews, schedule a free consultation to learn how we can help you protect your online reputation. 

Learn how Medical Justice can protect you from medico-legal mayhem… 

Take Advantage of Our Review Monitoring Service

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Request a Consultation with Our Founder

Medical Justice Founder and CEO, Jeff Segal, MD, JD, provides consultations to doctors in need of guidance. 

Meet the Experts Driving Medical Justice

Our Executive Team walks with our member doctors until their medico-legal obstacles are resolved.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.

Perfecting the Patient Dismissal Letter – How to Avoid Patient Abandonment and Other Medicolegal Complications When Terminating the Doctor-Patient Relationship

Dr Segal is the best partner to assist you when dealing with challenging patient issues. Being both a physician and a lawyer gives him the compassion and unique understanding of the situation. He is a great listener, and with his wealth of experience formulates options to help bring the issues to resolution. He will work tirelessly for you, because he really cares.
Brian Maloney
Brian Maloney
17:46 13 May 24
We are a group of physicians that have been working with the Medical Justice eMerit team for the past 9 years. They have helped us obtain many more reviews from our patients by streamlining the process and making it much more convenient for our patients. They have also helped us in the process of flagging and getting fictitious reviews removed. Throughout our experience with them, they have been highly effective, honest, timely, talented and professional. If you are looking for a service to help manage your reviews, we highly recommend them.
Elliott23232323
Elliott23232323
14:44 17 Jan 24
The competence and responsiveness of the Medical Justice / eMerit team is remarkable. We have been super impressed with Robin and Josh, and their entire team. We ran a "test" with them and we've been more than happy to give them more business. They are now our go-to group. Thanks again, Team Medical Justice!
Christopher Scully
Christopher Scully
13:54 15 Dec 23
I have been a client for many years and have appreciated Medical Justice's expertise and numerous perks including internet defamation prevention. The team was readily responsive to my needs and helped to remove an unwarranted negative online post. It's difficult enough to practice medicine, much less maintain one's professional online reputation. I highly recommend Medical Justice for any medical professional.
Sohail Delfani, MD
Sohail Delfani, MD
17:05 25 Oct 23
Very enjoyable experience
Brittan Willimon
Brittan Willimon
21:13 09 Jan 23
Totally worth it! I had an issue with a very large insurance company threatening to remove me from their network. Contacted Medical Justice right away. Within lass then a week, Dr. Segal had crafted a magnificent 60-page appeal! Insurance company kept me in network, which saved me a lot of hassle and headache. Worth every penny!
Barbara Wood
Barbara Wood
18:01 13 Dec 22
I have used emerit for 10 years and have been extremely pleased with their service. highly recommend to all medical professionals especially plastic surgeons. very responsive CEO and staff. thanks!!!
Neil Zemmel
Neil Zemmel
13:56 13 Apr 22
When hiring someone professionally fortheir advice, the most important aspectfor me is their time that they give me todiscuss what I need to get the job done.Dr. Segal was always available whenever Ineeded to speak. He is extremelyknowledgeable, patient and kind. He hasthe unique perspective of the legalprofession from a doctors point of view.This is priceless in terms of understandinga Doctor's concerns.
Endodontic Group
Endodontic Group
00:38 31 Jan 22
I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. Your matters are handled STAT and in a professional and assuring manner. In a legal sense, they set you up with tools for preventive care, assist when there is an injury and handle the legal traumas. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. No physician or dentist should be without this service...period.
Edward Kirsh
Edward Kirsh
21:17 30 Jan 22
I highly recommend Dr. Segal for all doctors who would like to have a bullet proof practice and avoid unnecessary litigation and threat by patients. He is always available and punctuate with time. We have a very busy practice in northern California and Dr. Segal has been a unbelievable asset and success to run it smoothly. You won't regret his service.
Sani Aesthetics, M.D.
Sani Aesthetics, M.D.
01:17 28 Jan 22
Medical Justice is always responsive and gets to solutions. We especially appreciate Josh P and his relentless drive to help us satisfy our customers. Their knowledge of the digital landscape brings us closer to prospective patients.
What's NEXT
What's NEXT
15:06 16 Nov 21
Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. Recommended to any healthcare provider needing help online with social media.
Spencer Hawkins
Spencer Hawkins
16:37 12 Sep 21
Dr. Jeffrey Segal and Medical Justice are amazing! They helped me deal with a frivolous and false board complaint to my license quickly and professionally. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. Dr. Segal also helped greatly in advising me how to protect my practice and avoid similar issues moving forward. I'm fortunate to have found their services! While I hope to not have to deal with more frivolous complaints in the future, I feel better knowing that Dr Segal and Medical Justice are there to help me navigate through what may come.
Lisa Wagner
Lisa Wagner
18:06 16 Aug 21
Dr. Jeff Segal is great at what he does! As a physician and lawyer he understands clearly the difficulty of practicing in this day and age. Having both backgrounds is his biggest strength in the medico-legal arena. He gives sound logical advice and is very responsive. I am glad that I trusted him with my issue which he solved by doing background research into the issue from other specialists. He approached the problem like a physician in a very methodical and detail -oriented way. I'm so happy to have found him! I highly recommend!!!
Nicole Basa MD
Nicole Basa MD
02:14 10 Aug 21
Medical Justice is the GO TOO for any medical provider.
Curt Litton
Curt Litton
00:35 29 Jul 21
Medical Justice exceeded my expectations on delivery of professional services. Top notch professionals, only the Best, and advisors on every medico-legal area of health care, especially Dentistry, with the Great, Vince Monticello, DDS, MBA, JD, on-board. By far a great investment. I enjoy doing business with Jeff and his Outstanding Team!
Rob Eye
Rob Eye
16:16 27 Jul 21
I’ve now been a subscriber and client of medical justice for over a year. Dr. and attorney Jeff Segal has been helpful on several occasions. He has guided me through both potential patient issues as well as recent HR pandemic concerns. He along with the Medical Justice team have given me reassuring legal advice that allows me to proceed with confidence through these difficult times. This is one of my best investments in business and personally.
Walter Tom
Walter Tom
16:06 25 Jul 21
I cannot give enough thanks for Medical Justice’s existence! It is a company that fills such a highly needed niche’ in medicine – especially aesthetic medicine. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. I admire his drive and envy his intelligence. He first completes a rigorous Neurosurgery Residency. That by itself deserves tremendous kudos from anyone in the medical universe. Yet, he eventually goes back to obtain his JD. Yet what he has done in blending those two degrees into an amazing entity, Medical Justice, is nothing short of phenomenal.I was an early adopter of Medical Justice, and all that it provided for me as a surgeon and a business owner, as I am in my 12th year (this year being 2021) of being a member of Medical Justice. Throughout those twelve years, I have leaned on their team in helping maintain a fair and hard-earned online reputation when unfairly attacked. Also, Dr. Segal has always been personally involved with assisting me in resolving conflicts with difficult and unreasonable patients. He has always been only a phone call away, and prompt with his response.What I have especially appreciated is in my discussions resolving these occasional issues with patients over many years, Jeff seems to possess a third therapist certification as a compassionate, empathetic peer that understands my hurt and frustration. He has a way through the phone to put his arm around me, making me feel he sympathizes with my hurt and frustration, and together we will get through whatever issue, and the sun will rise in the morning. He then produces what he promises, as he has threaded the needle to resolution more than once for me. He feels like the big brother I never had that is there for you with honest, realistic guidance to amicable conclusions, when called upon.I just hope I retire before him. I can’t image practicing my specialty without someone like him, as well as his amazing team that he has gathered, that has and continues to have my back. - Dr. Burke Robinson, Robinson Facial Plastic Surgery
Burke Robinson
Burke Robinson
19:17 14 Jul 21
I cannot recommend a more professional or effective and caring team to help in legal matters which are delicate and require a high level of care. Dr. Segal is one of the most intelligent, thoughtful, and efficient attorneys that I have had that pleasure of working with. He was always available and attentive and demonstrated genuine concern and compassion towards making sure that all matters were handled with the highest level of efficacy. I highly recommend Dr. Segal and his team to any physician or practice, they will not disappoint!
Kriti Mohan
Kriti Mohan
02:15 15 Mar 21
Dr. Segal is kind, professional, and a complete genius! I am so glad to have found him! I would recommend him hands down for anyone needing legal assistance!
Samantha Britt
Samantha Britt
19:57 28 Jan 21
I am an oculofacial plastic surgeon who has been a member of Medical Justice for well over 10 years. It is a pleasure for me to be able to recommend their services to others.We have utilized the Medical Justice consent forms for operative patients throughout this time. It gives me peace of mind to know that any expert witnesses who may be called to give testimony against me are from my specialty. It also gives notice to any potential plaintiff firms that I have not only my malpractice carrier but also Medical Justice working for me should any claims arise, and puts them on notice that any frivolous claims can be in turn be litigated by me against them and the plaintiff.Does this translate to less claims or better results if claims are brought? I can only say that in 30 years of practice I have had a handful of patients request records be sent to plaintiff attorneys, and none have become suits.I can and have offered my highest recommendation for this firm and their services. Their services and client support are outstanding, and are especially beneficial when that letter for your records comes in. To have them on your side is a comfort we can all use.
Alan Brackup
Alan Brackup
15:01 07 Dec 20
The Medical Justice team have a wealth of knowledge and experience in this space. I highly recommend them to medical professionals and practices of any size. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective.
GenXovite Pro
GenXovite Pro
15:42 23 Nov 20
As a physician, reputation is everything. This is why I’ve trusted Emerit for years! Their unmatched ability to handle my clinic’s online reputation has helped us earn more credibility therefor increasing our patient base. They also create custom surveys for patients along with weekly reports so we can provide better treatment. These little things give us the ability to address certain areas of the practice and fix them immediately. I would highly recommend that healthcare providers to at least consider Emerit when considering an online reputation partner. I know I’m glad we did … Robert Odell, MD, PhD, Neuropathy & Pain Centers of Las Vegas
Robert Odell
Robert Odell
17:06 13 Nov 20
I recommend Medical Justice and its founder Dr. Jeff Segal with great enthusiasm. As medicine evolves the private practitioner has become increasingly more isolated. I signed up with Medical Justice so that I would have a sound legal back up for clinical business decision making. My private consultation with Dr. Siegel, neurosurgeon and attorney was insightful. His team, medical justice has already supplied us with appropriate patient forms to help me to continue practicing medicine with confidence. They have already initiated our web presence reviewing with recommendations.Dr. Segal was also readily available for a specific case consultation, and I appreciate his counsel and direction. The peace of mind and collegiality is well worth the investment in Medical Justice.
Walter Tom (Dr Walter Tom)
Walter Tom (Dr Walter Tom)
18:56 05 Nov 20
Have had the help from Medical Justice for about a year now. They are very responsive and always available to answer questions and help with any practice issues I may have. The most satisfying aspect of their assistance is in obtaining and posting patient reviews on various sites. A big help in that
Jonathan Lebowitz
Jonathan Lebowitz
00:50 03 Nov 20
In this era of digital feedback and punishment through fraudulent reviews. I wouldn't leave home without them!!
David Pincus
David Pincus
15:15 02 Nov 20
After a complete nightmare of a frivolous suit in 2002, aided and abetted by the sheer avarice of a competing surgeon right across the street (stunningly, a $2.1 million award over a pea-sized suture granuloma; when it went to the state medical board they dismissed the case as “groundless”), I was advised to join Medical Justice.What a wonderful team! Everyone there has been immediately available for any questions or concerns that have come up over the years. Just having Medical Justice’s cover letter stating that one’s a member will be enough to stop a frivolous threat dead in its tracks — and that alone makes the eminently reasonable annual fee worthwhile many times over.Knowing that Medical Justice “has my back”, and knowing that because of these fabulous people, the worst and most profoundly mind-bending experience of my life would never be allowed to happen again has given me the peace of mind to continue and even enjoy and relish my career over these many years.I can’t say enough about Dr. Jeff Segal, Mike Odden, Wendy Cates and the rest of this amazing team! Joining Medical Justice absolutely will be one of the best decisions of your career. How about 10 stars!⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️
Holly Barbour
Holly Barbour
18:39 05 Mar 20
We have been MedicalJustice members for over nine years, and this is a service that has been priceless for us, and our facial plastic surgical practice. Ninety percent of our new patients cite the Internet as their source of referral, so for us, our internet reputation is priceless. Plus my kids see what's on the internet about our practice. MedicalJustice scours the internet for any online posts about your practice, good and bad. Even if you are able to do things exceedingly well, it is unlikely that you will be able to deliver impeccable care with exemplary bedside manner 100% of the time, have the perfect staff, and count zero competitors. And thus, unfortunately, being defamed on the Internet is an occupational hazard.I recommend MedicalJustice without reservation to any medical practice, since nearly all patients will google you before calling for an appointment. Everyone at MedicalJustrice from our advisor Shannon, to the CEO, Dr Jeff Segal, is knowledgeable, friendly, and genuinely glad to help physician practices like ours. I am grateful for all they have done to help our "mom and pop shop" thrive, and navigate unchartered waters on the internet. MedicalJustice has been outstanding for our practice in these situations :1)Reputation management. The American Academy of Facial Plastic and Reconstructive Surgery recommended MedicalJustice to all members in 2009, and after we got on-board, we were surprised to see more than a few negative internet reviews and comments about our practice. Frankly, I do not have the time nor desire to actively surveil the internet about our practice, but someone NEEDS to. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. 12% of patients who request rhinoplasty have BDD, and as of August2018, there is no reliable method for ruling this out preoperatively. The small minority of unhappy postoperative patients may post on multiple sites, and have the longest and most painful words. MedicalJustice has helped us A LOT in this arena.3) Dealing with internet defamation.4) How to manage the disgruntled patient, and more importantly, the "difficult" scenario where you don't know what to do, and it's not malpractice.5) How to manage patients threatening to harm themselves or others.6) How to manage patients demanding a refund.7) Advice with patients threatening to sue.8) Advice with copyright infringement.9) Obtaining positive reviews from our patients with eMerit.If any physicians wish to reach out to us for any questions, it would be our pleasure. Thank you. Dr Joseph
Eric M. Joseph, M.D.
Eric M. Joseph, M.D.
19:17 09 Mar 19
Great doctor.My neck pain is gone. The doctor explained everything in detail. He was patient and respectful.
Sushil Basra
Sushil Basra
01:57 31 Jan 19
No medical professional should be without this service! I have been a long time member and will never give up my membership. I have never had such clear and concise solutions to common issues, education regarding what I need to do and how to be best prepared for common issues that arise. Whenever I have had a question, I get immediate responses that are clear, concise and of great value! Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. You need to be aware, and appropriate- this service is absolutely the best resource you could want for you to meet your obligations, as well as be prepared for common issues. Not only has Dr Segal experienced both sides of many of these issues- he is brilliant, and condenses issues down - allowing you options that allow for the smoothest possible outcome for all involved. I honestly could not recommend it more!CR MD
Celia R
Celia R
18:35 12 Nov 18
A must-have for every physician. Their expertise in medical malpractice defense, and internet reputation management, is unparalleled.
Armond Levy
Armond Levy
01:27 07 Oct 18
HIPAA is complicated and always changing. That is why I recommend Medical Justice to all my clients. They are knowledgeable and trustworthy.
Jen Longtin
Jen Longtin
22:58 29 Sep 18
Impeccable service and reputation from the CEO on down. Helped me grow my practice by vastly improving the quality of my online presence. In addition, I am now insulated from the occasional anonymous and damaging online reviews. I see many additional new patients who have “googled” me and have read my numerous outstanding reviews. In addition they have helped protect me from frivolous law suits while readily providing expert legal advice. In this day and age, in my opinion, every physician needs Medical Justice standing behind them. Thank you, Medical Justice!
David K
David K
05:57 16 Sep 18
I have partnered with their organization while working in two separate companies and they have continued to provide outstanding support, superior service and communication and remain ever available. I would not practice medicine without their support.
Christina A
Christina A
15:16 13 Sep 18
We have been working with Medical Justice and Emerit for years. I would highly recommend them. They have been very responsive to all of our needs in our practice. They have guided us on how to get our patients to share their experiences online Dr. Segal has given us honest advice over the years and he has never steered us wrong. Highly, highly recommend Medical Justice!
Angela Parker
Angela Parker
20:25 12 Sep 18
Medical Justice is the real deal. They are professional, knowledgeable, timely, and their rates are beyond reasonable. Put all of that together and they have become an invaluable asset to our practice.
Jackie Foster
Jackie Foster
17:38 06 Sep 18
Our surgical practice joined Medical Justice and eMerit many years ago and it has been an invaluable resource and support. Jeff Segal, the founder, is a surgeon and an attorney who understands the challenges that physicians face today. They have been our advisors, mentors and dispensers of wisdom for any and every issue that we presented to them as well as in growing our practice. I can't imagine running our practice without them all of these years.
Bonnie Pontell
Bonnie Pontell
14:48 06 Sep 18
EXTREMELY beneficial. The ratings have done more for my Google search rankings than my website. Worth every penny. It is 2018--get on board with your online presence!
Scott Phillips
Scott Phillips
14:13 06 Sep 18
I have been a client of Medical Justice for many years. They provide a fantastic opportunity for Healthcare providers to defend against frivolous claims and to control their reviews using the eMerit platform.The service and the reviews have been extremely valuable to my practice, my social media presence and ratings as well as protection against some false claims over the years.They are always available, responsive and timely in their assistance. Dr. Segal offers a wealth of resources, insight and legal advice due to his vast experience in this venue.I highly recommend this service for anyone with a medical or dental practice.
Semira Bayati
Semira Bayati
16:27 05 Sep 18
Dental Justice has helped us manage challenging patients who are impossible to please. Let them show you that there is a better way than being frustrated.
Mitchel Friedman
Mitchel Friedman
14:53 04 Sep 18
Worked with Dr. Jeff Segal and his team for many years, I absolutely trust them when it comes to protecting our practice and team. I give my highest recommendation and I sincerely appreciate your thoughtful approach as leaders in the industry ( :
Rich Castellano
Rich Castellano
03:40 04 Sep 18
I have been a member since its' inception and can recommend the company without any reservations whatsoever. I benefited from their online review services, their involvent in preventing a frivilous malpractice threat, and their pro-active legal seminars. Thank you Dr. Segal for all your efforts.
Michael Prater
Michael Prater
21:55 02 Sep 18
It only took one reading for me to become a big fan of Leonard Berlin's.Who was Leonard Berlin?He's the radiologist who countersued a plaintiff who tried to make a fast buck by frivolously suing him. When I finally met him, I told him that I'd been following what he was doing.Berlin was the first MD I knew who fought back. When I read about Medical Justice, it was clear to me that in case I got sued frivolously, I, too, would be able to counterpunch.Raised by a pair of criminal lawyers in New Orleans (yes, really), I pretty much had a (legalistic) chip on my shoulder from childhood. Medical Justice welded it there. Instead of being a 98-pound weakling in the face of a pseudo-legal assault, it made me a Charles Atlas kinda guy.No fear after joining up. I was surprised at how reasonable the rates are.
Joseph Horton
Joseph Horton
19:00 02 Sep 18
I have used Dental Justice for the past several years and have always been happy with their service. They are professional and timely. Dr Segal has been great with his knowledge, advice, services and timely responses. I would highly recommend them to anyone in the dental or medical profession.
Shane Claiborne
Shane Claiborne
14:28 31 Aug 18
I have been using E Merit and Medical Justice’s services for the last nine years. I have found their helpful feedback to be of tremendous value to me and to my practice. I am extremely grateful to Jeff Segal and his entire team for their thoughtful and professional help. You will not be sorry if you give them a chance. I don’t know anyone who has not found them immensely helpful or who has stop using them once they have engaged their services.
Joseph Stern
Joseph Stern
01:43 30 Aug 18
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A reason to utilize a patient dismissal letter.

Dismissing a patient is challenging. Sometimes arranging a graceful exit is best for both you and your patient. This article discusses general tips.  Every case is different. When you do dismiss a patient, individualization is critical. Among other things, you must ensure continuity of care. If you are wondering when you can refuse to treat a patient, or terminate the doctor-patient relationship, schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD. Medical Justice has helped thousands of doctors address patient conflicts and a bevy of other medico-legal obstacles. We are ready to help.

With that said, onto the article.

Physicians dismiss patients for numerous reasons. The circumstances are never identical, nor are they always undesirable. Often the decision is mutual. As the patient’s care evolves, sometimes the physician responsible for his treatment must change. These “exchanges” are natural and sometimes necessary to drive a patient’s recovery. It’s worth noting patients can dismiss physicians, too.

Other times a patient is dismissed because he becomes a professional hazard. He doesn’t pay his bills. He abuses your staff. His presence creates distractions, which jeopardize the care of other patients.  

Reasons notwithstanding, when you need to dismiss a patient, the act is memorialized in a patient dismissal letter. These letters are chameleons. Their language must change to suit your patient’s circumstances. The art of writing the “bullet-proof” patient dismissal letter is one many a physician would love to master. Written correctly, these letters insulate you against potential charges of malpractice and patient abandonment.  

Let it be said – not all paper shields are useless. 

At Medical Justice, we’ve co-authored hundreds of patient dismissal letters with our clients. The objective of these letters is simple: Help our clients (and indirectly, their patients) formally end the doctor-patient relationship. This allows our clients to move on with their lives without living under the threat of a rogue abandonment charge or a meritless malpractice claim. Conversely, they free the patient to pursue care elsewhere.  

The purpose of this article is to teach doctors how to distinguish a competent patient dismissal letter from an incompetent one. Understanding the difference is important. If you get this wrong, the consequences will be steep. Patient abandonment can be career altering. Dismissal letters exist in part to foreclose such charges.

We’ll begin by defining the obstacle we are attempting to avoid. What is patient abandonment? Here’s our definition…

Patient abandonment occurs when a doctor cuts off the physician-patient relationship while the patient actively needs care and does so without adequate notice to allow the patient to reasonably obtain care elsewhere.

Keep in mind the decision to separate patient from doctor does not need to be mutual. It can be unilateral on your part, even if the patient objects. But medical care is a unique type of interaction because it can literally be a matter of life and death – so the dismissal letter must account for this fact. If the decision to separate is unilateral, your relationship with your patient may (or may not) be amicable. Which brings us to our next point… 

What if my patient is hostile? What if he’s suing meDo I still have to treat him? 

Our answer is a hard but sympathetic: “Yes. Yes, you do.” You must remember: the doctor-patient relationship only ends when one entity discharges the other. Thus, the necessity of the patient dismissal letter. Unless the patient has previously provided you with a notice of termination of his own making, you have an affirmative duty to memorialize the termination of the relationship. 

Here’s a list of circumstances that, despite their frustrating nature, do not dissolve the patient-physician relationship…

+ If the patient has an outstanding bill, you must treat him.

+ If the patient is suing you, you must treat him. 

+ If he has not contacted the office for a long period of time, you must treat him.

+ If he behaves in a non-compliant manner, you must treat him.

+ If he leaves the hospital against medical advice (AMA), you must treat him. 

+ If the patient changes insurance coverage to an entity you do not accept, you must treat him.

+ If the patient’s managed care plan “deselects” you, you must treat him. 

Until you dismiss him (or until he dismisses you), you are married to him. That said – if your patient has an outstanding bill, intends to sue you, or regularly mistreats you or your staff, you should consider terminating your relationship with him ASAP. A companion piece that addresses these red flags – and several others – is available for download at the end of this article.  

Onto the heart of the piece: Distinguishing competent and incompetent dismissal letters. We’ll demonstrate by presenting templates we believe represent examples of competent patient dismissal letters. These “competent” examples will be followed by a list of characteristics that we associate with incompetent patient dismissal letters. We’ll conclude the piece by examining our templates and identifying how each avoids falling into the five traps described. 

The first item to address: Are you dismissing your patient? Or is your patient dismissing you?  

In the event your patient instigates the switch, he’s likely conversed with you about it. If you have received a signed letter (or an unambiguous message – email) from him affirming his decision to seek care elsewhere, rely on it.  

If you have received no documentation from the patient, don’t wait for him to act. Provide the patient with a dismissal letter. Memorialize your previous discussion. Medical Justice provides members of our organization with bullet-proof templates. If you are considering dismissing a difficult patient, schedule a free consultation with our Founder and CEO, Dr. Jeff Segal – a neurosurgeon and attorney.

This letter serves two purposes. It is a record of past events and demonstrates your willingness to cooperate with your patient. You are facilitating a smooth transition. You are not standing on the other side of the proverbial door, back braced, determined to repel the patient at all costs.  

If the roles are reversed and you are dismissing the patient, we can provide a suitable template.

The reason for termination is generally not stated. This is by design – we’ll explain why this matters shortly. The letter is careful to provide space for the physician to define the official date of termination. Do not make the date the patient receives the letter the starting line – transit is unpredictable. Instead, specify one week from the date of the letter and use that as the basis for any time calculations. 

Another point to address is the period of transitional coverage. Most states require physicians remain available to dispense emergency care for a “reasonable period of time.” This is typically 30 days. However, sometimes this “floor” is insufficient. If your patient lives in a rural area or is in the middle of a complex treatment, you must account for those details. Make sure you allot plenty of time to facilitate a complete transition. You can’t leave the patient stranded.

Dismissing a patient is challenging. Sometimes arranging a graceful exit is best for both you and your patient. This article discusses general tips.  Every case is different. When you do dismiss a patient, individualization is critical. Among other things, you must ensure continuity of care. If you are wondering when you can refuse to treat a patient, or terminate doctor-patient relationship, schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD. Medical Justice has helped thousands of doctors address patient conflicts and a bevy of other medico-legal obstacles. We are ready to help. For further reading, we suggest this article’s sibling piece: When Can You Refuse to Treat a Patient?

 

We’ll now take a step away from the templates and review five symptoms of a “bad” patient dismissal letter. You can probably guess a few of them by examining the qualities described above and turning those qualities upside down. 

A bad patient dismissal letter is excessively detailed.

When dismissing a patient, less is more. A patient dismissed under friendly skies usually does not require a verbose explanation. Presumably both parties understand why the relationship is ending. There are no surprises. 

When the patient is being dismissed for “bad behavior,” the physician may feel obligated to explain his decision – both to inform the patient and to cover his back. This can backfire. We typically advise against including the reason for termination. If the relationship has soured, the patient knows why the termination is taking place. Spelling it out for him will only make you appear hostile. And perceived hostility is kindling in the hands of unscrupulous malpractice attorneys. You can’t be certain who will see the letter after you send it. Sanitize your tone. Pertinent information only. 

A bad patient dismissal letter does not consider a patient’s environment. 

Your patient may be hell in human skin, but ihe has no other treatment options available to him, you cannot carelessly dismiss him. Physicians practicing in remote communities need to be particularly careful. Consider this example: You are the only oncologist in a small community and your patient has received 1 of 3 planned treatments for chemotherapy. If you dismiss this patient, that dismissal letter could be a death sentence. If you must terminate your relationship with him, make sure the transfer of care is complete before attempting to move forward.  

A bad patient dismissal letter neglects to mention medical records. 

Your patient is always entitled to receive a copy of his medical records. Even if the patient has an outstanding bill, never hold medical records hostage. A competent patient dismissal letter informs the patient that he has access to these materials. A better patient dismissal letter uses simple instructions to tell the patient what he must do to retrieve them.  

A bad patient dismissal letter does not account for emergency care. 

After formally dismissing the patient, you must be available to provide him with urgent or emergent care for a reasonable period of time – or until that patient finds a new doctor, whichever comes first. As we stated previously, this period usually encompasses 30 days. If your patient’s circumstances require more time, you must account for it.  

A bad patient dismissal letter is poorly timed. 

Think twice before dismissing a patient immediately after concluding an operation. An unexpected or oddly timed dismissal may signal to the patient something is expected to go awry. Whether this is true is irrelevant – your patient’s perceptions will determine how he reacts. Many abandonment charges are fueled by feelings of fear. In the unlikely event something does go wrong, treating the complication will be easier if the patient has remained in your care. If circumstances require you dismiss the patient post-op, take the initiative. Find the patient another doctor to assume care and don’t distance yourself from him until the transfer is documented.  

In closing, the five traps we’ve identified are bound by a common thread: They all disregard an important aspect of the patient’s care or present information that could be leveraged against the physician in a malpractice case. Summarized, a competent patient dismissal letter… 

+ Includes only necessary information… 

+ Does not dismiss a patient in the middle of a treatment plan… 

+ Affirms that medical records will remain available…

+ Affirms the physician will remain available for a period to dispense emergency care and clearly states how long this period will last… 

+ Allows sufficient time to complete the transfer of care…

If this article conveys only a few essential truths, we hope this is one of them: dismissing a patient correctly is a delicate process. Most physicians would rather “stick it out” than dismiss potential hazards earlier than necessary. The labor required to end the patient-physician relationship is substantial.

When the doctor-patient relationship sours, it is sometimes best to terminate care and guide the patient towards a different doctor. The transfer of care is always tricky – do it wrong, and you may face an abandonment charge.

Did you know? Members of Medical Justice don’t need to worry about this scenario – our DISAPPEAR program ensures that if a doctor and a patient must part, the separation is complete, documented, and compliant.

There are times when it really is best to divorce yourself from your patient and move on. Every practice terminates a doctor-patient relationship at some point. This article discusses general tips. But each situation is different and details matter. A lot. No worries. Let our experts guide you through YOUR situation. Confidentially. No obligation. Ready when you are. Request a consultation below. And for further reading, we suggest this article’s sibling piece: When Can You Refuse to Treat a Patient?

Dr Segal is the best partner to assist you when dealing with challenging patient issues. Being both a physician and a lawyer gives him the compassion and unique understanding of the situation. He is a great listener, and with his wealth of experience formulates options to help bring the issues to resolution. He will work tirelessly for you, because he really cares.
Brian Maloney
Brian Maloney
17:46 13 May 24
We are a group of physicians that have been working with the Medical Justice eMerit team for the past 9 years. They have helped us obtain many more reviews from our patients by streamlining the process and making it much more convenient for our patients. They have also helped us in the process of flagging and getting fictitious reviews removed. Throughout our experience with them, they have been highly effective, honest, timely, talented and professional. If you are looking for a service to help manage your reviews, we highly recommend them.
Elliott23232323
Elliott23232323
14:44 17 Jan 24
The competence and responsiveness of the Medical Justice / eMerit team is remarkable. We have been super impressed with Robin and Josh, and their entire team. We ran a "test" with them and we've been more than happy to give them more business. They are now our go-to group. Thanks again, Team Medical Justice!
Christopher Scully
Christopher Scully
13:54 15 Dec 23
I have been a client for many years and have appreciated Medical Justice's expertise and numerous perks including internet defamation prevention. The team was readily responsive to my needs and helped to remove an unwarranted negative online post. It's difficult enough to practice medicine, much less maintain one's professional online reputation. I highly recommend Medical Justice for any medical professional.
Sohail Delfani, MD
Sohail Delfani, MD
17:05 25 Oct 23
Very enjoyable experience
Brittan Willimon
Brittan Willimon
21:13 09 Jan 23
Totally worth it! I had an issue with a very large insurance company threatening to remove me from their network. Contacted Medical Justice right away. Within lass then a week, Dr. Segal had crafted a magnificent 60-page appeal! Insurance company kept me in network, which saved me a lot of hassle and headache. Worth every penny!
Barbara Wood
Barbara Wood
18:01 13 Dec 22
I have used emerit for 10 years and have been extremely pleased with their service. highly recommend to all medical professionals especially plastic surgeons. very responsive CEO and staff. thanks!!!
Neil Zemmel
Neil Zemmel
13:56 13 Apr 22
When hiring someone professionally fortheir advice, the most important aspectfor me is their time that they give me todiscuss what I need to get the job done.Dr. Segal was always available whenever Ineeded to speak. He is extremelyknowledgeable, patient and kind. He hasthe unique perspective of the legalprofession from a doctors point of view.This is priceless in terms of understandinga Doctor's concerns.
Endodontic Group
Endodontic Group
00:38 31 Jan 22
I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. Your matters are handled STAT and in a professional and assuring manner. In a legal sense, they set you up with tools for preventive care, assist when there is an injury and handle the legal traumas. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. No physician or dentist should be without this service...period.
Edward Kirsh
Edward Kirsh
21:17 30 Jan 22
I highly recommend Dr. Segal for all doctors who would like to have a bullet proof practice and avoid unnecessary litigation and threat by patients. He is always available and punctuate with time. We have a very busy practice in northern California and Dr. Segal has been a unbelievable asset and success to run it smoothly. You won't regret his service.
Sani Aesthetics, M.D.
Sani Aesthetics, M.D.
01:17 28 Jan 22
Medical Justice is always responsive and gets to solutions. We especially appreciate Josh P and his relentless drive to help us satisfy our customers. Their knowledge of the digital landscape brings us closer to prospective patients.
What's NEXT
What's NEXT
15:06 16 Nov 21
Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. Recommended to any healthcare provider needing help online with social media.
Spencer Hawkins
Spencer Hawkins
16:37 12 Sep 21
Dr. Jeffrey Segal and Medical Justice are amazing! They helped me deal with a frivolous and false board complaint to my license quickly and professionally. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. Dr. Segal also helped greatly in advising me how to protect my practice and avoid similar issues moving forward. I'm fortunate to have found their services! While I hope to not have to deal with more frivolous complaints in the future, I feel better knowing that Dr Segal and Medical Justice are there to help me navigate through what may come.
Lisa Wagner
Lisa Wagner
18:06 16 Aug 21
Dr. Jeff Segal is great at what he does! As a physician and lawyer he understands clearly the difficulty of practicing in this day and age. Having both backgrounds is his biggest strength in the medico-legal arena. He gives sound logical advice and is very responsive. I am glad that I trusted him with my issue which he solved by doing background research into the issue from other specialists. He approached the problem like a physician in a very methodical and detail -oriented way. I'm so happy to have found him! I highly recommend!!!
Nicole Basa MD
Nicole Basa MD
02:14 10 Aug 21
Medical Justice is the GO TOO for any medical provider.
Curt Litton
Curt Litton
00:35 29 Jul 21
Medical Justice exceeded my expectations on delivery of professional services. Top notch professionals, only the Best, and advisors on every medico-legal area of health care, especially Dentistry, with the Great, Vince Monticello, DDS, MBA, JD, on-board. By far a great investment. I enjoy doing business with Jeff and his Outstanding Team!
Rob Eye
Rob Eye
16:16 27 Jul 21
I’ve now been a subscriber and client of medical justice for over a year. Dr. and attorney Jeff Segal has been helpful on several occasions. He has guided me through both potential patient issues as well as recent HR pandemic concerns. He along with the Medical Justice team have given me reassuring legal advice that allows me to proceed with confidence through these difficult times. This is one of my best investments in business and personally.
Walter Tom
Walter Tom
16:06 25 Jul 21
I cannot give enough thanks for Medical Justice’s existence! It is a company that fills such a highly needed niche’ in medicine – especially aesthetic medicine. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. I admire his drive and envy his intelligence. He first completes a rigorous Neurosurgery Residency. That by itself deserves tremendous kudos from anyone in the medical universe. Yet, he eventually goes back to obtain his JD. Yet what he has done in blending those two degrees into an amazing entity, Medical Justice, is nothing short of phenomenal.I was an early adopter of Medical Justice, and all that it provided for me as a surgeon and a business owner, as I am in my 12th year (this year being 2021) of being a member of Medical Justice. Throughout those twelve years, I have leaned on their team in helping maintain a fair and hard-earned online reputation when unfairly attacked. Also, Dr. Segal has always been personally involved with assisting me in resolving conflicts with difficult and unreasonable patients. He has always been only a phone call away, and prompt with his response.What I have especially appreciated is in my discussions resolving these occasional issues with patients over many years, Jeff seems to possess a third therapist certification as a compassionate, empathetic peer that understands my hurt and frustration. He has a way through the phone to put his arm around me, making me feel he sympathizes with my hurt and frustration, and together we will get through whatever issue, and the sun will rise in the morning. He then produces what he promises, as he has threaded the needle to resolution more than once for me. He feels like the big brother I never had that is there for you with honest, realistic guidance to amicable conclusions, when called upon.I just hope I retire before him. I can’t image practicing my specialty without someone like him, as well as his amazing team that he has gathered, that has and continues to have my back. - Dr. Burke Robinson, Robinson Facial Plastic Surgery
Burke Robinson
Burke Robinson
19:17 14 Jul 21
I cannot recommend a more professional or effective and caring team to help in legal matters which are delicate and require a high level of care. Dr. Segal is one of the most intelligent, thoughtful, and efficient attorneys that I have had that pleasure of working with. He was always available and attentive and demonstrated genuine concern and compassion towards making sure that all matters were handled with the highest level of efficacy. I highly recommend Dr. Segal and his team to any physician or practice, they will not disappoint!
Kriti Mohan
Kriti Mohan
02:15 15 Mar 21
Dr. Segal is kind, professional, and a complete genius! I am so glad to have found him! I would recommend him hands down for anyone needing legal assistance!
Samantha Britt
Samantha Britt
19:57 28 Jan 21
I am an oculofacial plastic surgeon who has been a member of Medical Justice for well over 10 years. It is a pleasure for me to be able to recommend their services to others.We have utilized the Medical Justice consent forms for operative patients throughout this time. It gives me peace of mind to know that any expert witnesses who may be called to give testimony against me are from my specialty. It also gives notice to any potential plaintiff firms that I have not only my malpractice carrier but also Medical Justice working for me should any claims arise, and puts them on notice that any frivolous claims can be in turn be litigated by me against them and the plaintiff.Does this translate to less claims or better results if claims are brought? I can only say that in 30 years of practice I have had a handful of patients request records be sent to plaintiff attorneys, and none have become suits.I can and have offered my highest recommendation for this firm and their services. Their services and client support are outstanding, and are especially beneficial when that letter for your records comes in. To have them on your side is a comfort we can all use.
Alan Brackup
Alan Brackup
15:01 07 Dec 20
The Medical Justice team have a wealth of knowledge and experience in this space. I highly recommend them to medical professionals and practices of any size. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective.
GenXovite Pro
GenXovite Pro
15:42 23 Nov 20
As a physician, reputation is everything. This is why I’ve trusted Emerit for years! Their unmatched ability to handle my clinic’s online reputation has helped us earn more credibility therefor increasing our patient base. They also create custom surveys for patients along with weekly reports so we can provide better treatment. These little things give us the ability to address certain areas of the practice and fix them immediately. I would highly recommend that healthcare providers to at least consider Emerit when considering an online reputation partner. I know I’m glad we did … Robert Odell, MD, PhD, Neuropathy & Pain Centers of Las Vegas
Robert Odell
Robert Odell
17:06 13 Nov 20
I recommend Medical Justice and its founder Dr. Jeff Segal with great enthusiasm. As medicine evolves the private practitioner has become increasingly more isolated. I signed up with Medical Justice so that I would have a sound legal back up for clinical business decision making. My private consultation with Dr. Siegel, neurosurgeon and attorney was insightful. His team, medical justice has already supplied us with appropriate patient forms to help me to continue practicing medicine with confidence. They have already initiated our web presence reviewing with recommendations.Dr. Segal was also readily available for a specific case consultation, and I appreciate his counsel and direction. The peace of mind and collegiality is well worth the investment in Medical Justice.
Walter Tom (Dr Walter Tom)
Walter Tom (Dr Walter Tom)
18:56 05 Nov 20
Have had the help from Medical Justice for about a year now. They are very responsive and always available to answer questions and help with any practice issues I may have. The most satisfying aspect of their assistance is in obtaining and posting patient reviews on various sites. A big help in that
Jonathan Lebowitz
Jonathan Lebowitz
00:50 03 Nov 20
In this era of digital feedback and punishment through fraudulent reviews. I wouldn't leave home without them!!
David Pincus
David Pincus
15:15 02 Nov 20
After a complete nightmare of a frivolous suit in 2002, aided and abetted by the sheer avarice of a competing surgeon right across the street (stunningly, a $2.1 million award over a pea-sized suture granuloma; when it went to the state medical board they dismissed the case as “groundless”), I was advised to join Medical Justice.What a wonderful team! Everyone there has been immediately available for any questions or concerns that have come up over the years. Just having Medical Justice’s cover letter stating that one’s a member will be enough to stop a frivolous threat dead in its tracks — and that alone makes the eminently reasonable annual fee worthwhile many times over.Knowing that Medical Justice “has my back”, and knowing that because of these fabulous people, the worst and most profoundly mind-bending experience of my life would never be allowed to happen again has given me the peace of mind to continue and even enjoy and relish my career over these many years.I can’t say enough about Dr. Jeff Segal, Mike Odden, Wendy Cates and the rest of this amazing team! Joining Medical Justice absolutely will be one of the best decisions of your career. How about 10 stars!⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️
Holly Barbour
Holly Barbour
18:39 05 Mar 20
We have been MedicalJustice members for over nine years, and this is a service that has been priceless for us, and our facial plastic surgical practice. Ninety percent of our new patients cite the Internet as their source of referral, so for us, our internet reputation is priceless. Plus my kids see what's on the internet about our practice. MedicalJustice scours the internet for any online posts about your practice, good and bad. Even if you are able to do things exceedingly well, it is unlikely that you will be able to deliver impeccable care with exemplary bedside manner 100% of the time, have the perfect staff, and count zero competitors. And thus, unfortunately, being defamed on the Internet is an occupational hazard.I recommend MedicalJustice without reservation to any medical practice, since nearly all patients will google you before calling for an appointment. Everyone at MedicalJustrice from our advisor Shannon, to the CEO, Dr Jeff Segal, is knowledgeable, friendly, and genuinely glad to help physician practices like ours. I am grateful for all they have done to help our "mom and pop shop" thrive, and navigate unchartered waters on the internet. MedicalJustice has been outstanding for our practice in these situations :1)Reputation management. The American Academy of Facial Plastic and Reconstructive Surgery recommended MedicalJustice to all members in 2009, and after we got on-board, we were surprised to see more than a few negative internet reviews and comments about our practice. Frankly, I do not have the time nor desire to actively surveil the internet about our practice, but someone NEEDS to. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. 12% of patients who request rhinoplasty have BDD, and as of August2018, there is no reliable method for ruling this out preoperatively. The small minority of unhappy postoperative patients may post on multiple sites, and have the longest and most painful words. MedicalJustice has helped us A LOT in this arena.3) Dealing with internet defamation.4) How to manage the disgruntled patient, and more importantly, the "difficult" scenario where you don't know what to do, and it's not malpractice.5) How to manage patients threatening to harm themselves or others.6) How to manage patients demanding a refund.7) Advice with patients threatening to sue.8) Advice with copyright infringement.9) Obtaining positive reviews from our patients with eMerit.If any physicians wish to reach out to us for any questions, it would be our pleasure. Thank you. Dr Joseph
Eric M. Joseph, M.D.
Eric M. Joseph, M.D.
19:17 09 Mar 19
Great doctor.My neck pain is gone. The doctor explained everything in detail. He was patient and respectful.
Sushil Basra
Sushil Basra
01:57 31 Jan 19
No medical professional should be without this service! I have been a long time member and will never give up my membership. I have never had such clear and concise solutions to common issues, education regarding what I need to do and how to be best prepared for common issues that arise. Whenever I have had a question, I get immediate responses that are clear, concise and of great value! Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. You need to be aware, and appropriate- this service is absolutely the best resource you could want for you to meet your obligations, as well as be prepared for common issues. Not only has Dr Segal experienced both sides of many of these issues- he is brilliant, and condenses issues down - allowing you options that allow for the smoothest possible outcome for all involved. I honestly could not recommend it more!CR MD
Celia R
Celia R
18:35 12 Nov 18
A must-have for every physician. Their expertise in medical malpractice defense, and internet reputation management, is unparalleled.
Armond Levy
Armond Levy
01:27 07 Oct 18
HIPAA is complicated and always changing. That is why I recommend Medical Justice to all my clients. They are knowledgeable and trustworthy.
Jen Longtin
Jen Longtin
22:58 29 Sep 18
Impeccable service and reputation from the CEO on down. Helped me grow my practice by vastly improving the quality of my online presence. In addition, I am now insulated from the occasional anonymous and damaging online reviews. I see many additional new patients who have “googled” me and have read my numerous outstanding reviews. In addition they have helped protect me from frivolous law suits while readily providing expert legal advice. In this day and age, in my opinion, every physician needs Medical Justice standing behind them. Thank you, Medical Justice!
David K
David K
05:57 16 Sep 18
I have partnered with their organization while working in two separate companies and they have continued to provide outstanding support, superior service and communication and remain ever available. I would not practice medicine without their support.
Christina A
Christina A
15:16 13 Sep 18
We have been working with Medical Justice and Emerit for years. I would highly recommend them. They have been very responsive to all of our needs in our practice. They have guided us on how to get our patients to share their experiences online Dr. Segal has given us honest advice over the years and he has never steered us wrong. Highly, highly recommend Medical Justice!
Angela Parker
Angela Parker
20:25 12 Sep 18
Medical Justice is the real deal. They are professional, knowledgeable, timely, and their rates are beyond reasonable. Put all of that together and they have become an invaluable asset to our practice.
Jackie Foster
Jackie Foster
17:38 06 Sep 18
Our surgical practice joined Medical Justice and eMerit many years ago and it has been an invaluable resource and support. Jeff Segal, the founder, is a surgeon and an attorney who understands the challenges that physicians face today. They have been our advisors, mentors and dispensers of wisdom for any and every issue that we presented to them as well as in growing our practice. I can't imagine running our practice without them all of these years.
Bonnie Pontell
Bonnie Pontell
14:48 06 Sep 18
EXTREMELY beneficial. The ratings have done more for my Google search rankings than my website. Worth every penny. It is 2018--get on board with your online presence!
Scott Phillips
Scott Phillips
14:13 06 Sep 18
I have been a client of Medical Justice for many years. They provide a fantastic opportunity for Healthcare providers to defend against frivolous claims and to control their reviews using the eMerit platform.The service and the reviews have been extremely valuable to my practice, my social media presence and ratings as well as protection against some false claims over the years.They are always available, responsive and timely in their assistance. Dr. Segal offers a wealth of resources, insight and legal advice due to his vast experience in this venue.I highly recommend this service for anyone with a medical or dental practice.
Semira Bayati
Semira Bayati
16:27 05 Sep 18
Dental Justice has helped us manage challenging patients who are impossible to please. Let them show you that there is a better way than being frustrated.
Mitchel Friedman
Mitchel Friedman
14:53 04 Sep 18
Worked with Dr. Jeff Segal and his team for many years, I absolutely trust them when it comes to protecting our practice and team. I give my highest recommendation and I sincerely appreciate your thoughtful approach as leaders in the industry ( :
Rich Castellano
Rich Castellano
03:40 04 Sep 18
I have been a member since its' inception and can recommend the company without any reservations whatsoever. I benefited from their online review services, their involvent in preventing a frivilous malpractice threat, and their pro-active legal seminars. Thank you Dr. Segal for all your efforts.
Michael Prater
Michael Prater
21:55 02 Sep 18
It only took one reading for me to become a big fan of Leonard Berlin's.Who was Leonard Berlin?He's the radiologist who countersued a plaintiff who tried to make a fast buck by frivolously suing him. When I finally met him, I told him that I'd been following what he was doing.Berlin was the first MD I knew who fought back. When I read about Medical Justice, it was clear to me that in case I got sued frivolously, I, too, would be able to counterpunch.Raised by a pair of criminal lawyers in New Orleans (yes, really), I pretty much had a (legalistic) chip on my shoulder from childhood. Medical Justice welded it there. Instead of being a 98-pound weakling in the face of a pseudo-legal assault, it made me a Charles Atlas kinda guy.No fear after joining up. I was surprised at how reasonable the rates are.
Joseph Horton
Joseph Horton
19:00 02 Sep 18
I have used Dental Justice for the past several years and have always been happy with their service. They are professional and timely. Dr Segal has been great with his knowledge, advice, services and timely responses. I would highly recommend them to anyone in the dental or medical profession.
Shane Claiborne
Shane Claiborne
14:28 31 Aug 18
I have been using E Merit and Medical Justice’s services for the last nine years. I have found their helpful feedback to be of tremendous value to me and to my practice. I am extremely grateful to Jeff Segal and his entire team for their thoughtful and professional help. You will not be sorry if you give them a chance. I don’t know anyone who has not found them immensely helpful or who has stop using them once they have engaged their services.
Joseph Stern
Joseph Stern
01:43 30 Aug 18
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Learn how Medical Justice can protect you from medico-legal mayhem… 

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.

The Medical Liability Minute: A Medical Malpractice Podcast Sponsored by Medical Justice

Medical Justice Founder and CEO, Jeffrey Segal, MD, JD, Medical Justice General Counsel, Michael Sacopulos, JD, and many guests discuss modern medico-legal threats to physicians. Opening and closing music written and produced by Grammy award winning artists: Lili Haydn and Itai Disraeli (performed by The Service Cats).

The information presented on this site is for general educational purposes only. It is not specific medical or legal advice. Nothing on this site should be construed as establishing a doctor-patient or attorney-client relationship.


EP 94: Surgeon Unmasks the Unmaskable Defamatory Reviewer – How She Did It (Part 2)

Dr. Susan Schroeder is an extremely talented dermatological surgeon. She’s been in practice for over two decades. She’s treated thousands of patients. In the mid-2000s, she noticed an abnormally large number of negative reviews. She suspected foul play and spearheaded an investigation. Over the course of several years, she slowly unmasked the malicious entities responsible for the damaging reviews. Her success bucks the trend. Doctors who attempt to use the law to uncover these defamatory entities often lose, and lose big. How did she do it, and what were the final outcomes? Our two-part podcast has the details…


EP 93: Surgeon Unmasks the Unmaskable Defamatory Reviewer – How She Did It (Part 1)

Dr. Susan Schroeder is an extremely talented dermatological surgeon. She’s been in practice for over two decades. She’s treated thousands of patients. In the mid-2000s, she noticed an abnormally large number of negative reviews. She suspected foul play and spearheaded an investigation. Over the course of several years, she slowly unmasked the malicious entities responsible for the damaging reviews. Her success bucks the trend. Doctors who attempt to use the law to uncover these defamatory entities often lose, and lose big. How did she do it, and what were the final outcomes? Our two-part podcast has the details…


EP 92: Raving Patients and Reputation Marketing with Dr. Len Tau (Part 2)

Chosen as one of the top leaders in dental consulting by Dentistry Today, Len Tau, DMD, has dedicated his professional life to improving dentistry for patients and other dentists. After purchasing his practice, the Pennsylvania Center for Dental Excellence in Philadelphia in 2007, Len practiced full-time while consulting with other dental practices, training thousands of dentists about reputation marketing, leading the dental division of BirdEye, a reputation marketing platform, and hosting the popular Raving Patients podcast. He recently authored the book Raving Patients and 100+ Tips to 100 5-Star Reviews in 100 Days released in March 2022.
Len lectures nationally and internationally on using internet marketing, social media, and reputation marketing to make dental offices more visible and credible as well as how to increase their case acceptance. Dr. Tau and Dr. Segal discuss reputation marketing best practices specific to dentists – but the take-home points resonate with all healthcare professionals. Join us.


EP 91: Raving Patients and Reputation Marketing with Dr. Len Tau (Part 1)

Chosen as one of the top leaders in dental consulting by Dentistry Today, Len Tau, DMD, has dedicated his professional life to improving dentistry for patients and other dentists. After purchasing his practice, the Pennsylvania Center for Dental Excellence in Philadelphia in 2007, Len practiced full-time while consulting with other dental practices, training thousands of dentists about reputation marketing, leading the dental division of BirdEye, a reputation marketing platform, and hosting the popular Raving Patients podcast. He recently authored the book Raving Patients and 100+ Tips to 100 5-Star Reviews in 100 Days released in March 2022.
Len lectures nationally and internationally on using internet marketing, social media, and reputation marketing to make dental offices more visible and credible as well as how to increase their case acceptance. Dr. Tau and Dr. Segal discuss reputation marketing best practices specific to dentists – but the take-home points resonate with all healthcare professionals. Join us.


EP 90: Prescribing Testosterone and Other Controlled Substances Without Getting Blown Up (Part 2 of 2)

There are medical reasons for prescribing testosterone, and there are ways doctors can prescribe it to patients in need while mitigating risk. How?
Enter Mr. Rick Collins, JD. Mr. Collins is an esteemed legal authority in the field of many controlled substances – including testosterone. Dr. Jeff Segal and Mr. Collins discuss at length how to safely prescribe testosterone, the implications of marketing the substance, and how to occupy the interstice of what a patient wants and what the law allows.


EP 89: Prescribing Testosterone and Other Controlled Substances Without Getting Blown Up (Part 1 of 2)

There are medical reasons for prescribing testosterone, and there are ways doctors can prescribe it to patients in need while mitigating risk. How?
Enter Mr. Rick Collins, JD. Mr. Collins is an esteemed legal authority in the field of many controlled substances – including testosterone. Dr. Jeff Segal and Mr. Collins discuss at length how to safely prescribe testosterone, the implications of marketing the substance, and how to occupy the interstice of what a patient wants and what the law allows.


EP 88: Surviving Board Issues from Hell (Part 2 of 2)

Medical board issues top the list of threats doctors fear the most, and for good reason. Not many of us know what to do or who to contact when the Board comes knocking – but best practices do exist. And it’s important doctors take these issues seriously, even if the threats themselves come from a meritless source. Doctors need expert guidance no matter what. Enter James McClendon, JD. Mr. McClendon is a Partner at Husch Blackwell and an expert at addressing Board issues of all kinds. He helps doctors survive high-stakes conflicts and come out on top. Medical Justice and Mr. McClendon speak at length about what doctors can do to increase their odds in the event a confrontation with the Board is inevitable. Our podcast has the details…


EP 87: Surviving Board Issues from Hell (Part 1 of 2)

Medical board issues top the list of threats doctors fear the most, and for good reason. Not many of us know what to do or who to contact when the Board comes knocking – but best practices do exist. And it’s important doctors take these issues seriously, even if the threats themselves come from a meritless source. Doctors need expert guidance no matter what. Enter James McClendon, JD. Mr. McClendon is a Partner at Husch Blackwell and an expert at addressing Board issues of all kinds. He helps doctors survive high-stakes conflicts and come out on top. Medical Justice and Mr. McClendon speak at length about what doctors can do to increase their odds in the event a confrontation with the Board is inevitable. Our podcast has the details…


EP 86: The Ideal Screening Tool for Body Dysmorphic Disorder: Ounce of Prevention Worth Pounds of Cure (Part 2 of 2)

It’s not uncommon for clients to call us with a patient conflict and tell us the following: “I performed a perfect procedure, and the patient is still livid. What did I do wrong?” The problem may not have been the procedure – it’s possible the patient was not a good fit for the procedure in the first place. Here’s what we mean: A patient suffering from a condition like body dysmorphic disorder will likely never be satisfied. Patients suffering from these conditions generally need a referral to a provider who specializes in treating such individuals. How do you broach the subject? How can you screen prospective patients for these challenges BEFORE you assume ownership of their care? Leslie Fletcher, NP-BC, is a highly respected aesthetic nurse injector who has worked since 2001 with world-renowned, celebrity dermatologists and plastic surgeons. Leslie has trained over 6,000 providers and is a master at addressing and resolving patient conflicts specific to the medispa space. Medical Justice and Leslie Fletcher, NP-BC, discuss in detail how surgeons can screen prospective patients for these conditions before treatment starts – increasing the likelihood the patient is a good fit for your practice and minimizing the risk of patient conflict. Our podcast has the details…


EP 85: The Ideal Screening Tool for Body Dysmorphic Disorder: Ounce of Prevention Worth Pounds of Cure (Part 1 of 2)

It’s not uncommon for clients to call us with a patient conflict and tell us the following: “I performed a perfect procedure, and the patient is still livid. What did I do wrong?” The problem may not have been the procedure – it’s possible the patient was not a good fit for the procedure in the first place. Here’s what we mean: A patient suffering from a condition like body dysmorphic disorder will likely never be satisfied. Patients suffering from these conditions generally need a referral to a provider who specializes in treating such individuals. How do you broach the subject? How can you screen prospective patients for these challenges BEFORE you assume ownership of their care? Leslie Fletcher, NP-BC, is a highly respected aesthetic nurse injector who has worked since 2001 with world-renowned, celebrity dermatologists and plastic surgeons. Leslie has trained over 6,000 providers and is a master at addressing and resolving patient conflicts specific to the medispa space. Medical Justice and Leslie Fletcher, NP-BC, discuss in detail how surgeons can screen prospective patients for these conditions before treatment starts – increasing the likelihood the patient is a good fit for your practice and minimizing the risk of patient conflict. Our podcast has the details…


EP 84: Doctors, Data Theft, and Cyber Liability Protection (Part 2 of 2)

Ten years ago, no one talked about cyber liability insurance. That’s changed. So has the world. The laundry list of cyber security threats that COULD disrupt a doctor’s practice is growing. Doctors need an expert who can help them prioritize the risks specific to their practice and act accordingly – BEFORE it’s too late. Enter Teddy Gillen. Teddy and Dr. Segal discuss how doctors can survive cyber-attacks like ransomware, data theft, and more. Our podcast has the details…


EP 83: Doctors, Data Theft, and Cyber Liability Protection (Part 1 of 2)

Ten years ago, no one talked about cyber liability insurance. That’s changed. So has the world. The laundry list of cyber security threats that COULD disrupt a doctor’s practice is growing. Doctors need an expert who can help them prioritize the risks specific to their practice and act accordingly – BEFORE it’s too late. Enter Teddy Gillen. Teddy and Dr. Segal discuss how doctors can survive cyber-attacks like ransomware, data theft, and more. Our podcast has the details…


EP 82: Charting the Healthcare Professional’s Path to Wealth (Part 2)

Healthcare professionals possess high-earning potential. That’s not news. But their path to wealth is different. That’s why it’s critical they consult with experts. Ideally, seasoned pros with a visceral understanding of both medicine and finance. Medical Justice Founder and CEO, Dr. Jeff Segal, and Mr. Jefferey Taxman, the principal of Physicians Financial Services, discuss blueprints for achieving wealth in a special two-part podcast. This is a whirlwind tour. Dr. Segal and Mr. Taxman outline the paths to wealth that will help you thrive – and how to avoid the pitfalls that create havoc. Your wealth (and the financial security of those who count on you) is invaluable. Our collaborative podcast dispenses pearls of wisdom that pay dividends.


EP 81: The Radonda Vaught Verdict from a Nurse’s Perspective (Part 2 of 2)

RaDonda Vaught worked as a nurse at the Vanderbilt University Medical Center between 2015 and January 2018. If you follow medical news outlets, you are likely familiar with Vaught’s case. She mistakenly injected a patient with a paralytic agent, killing her. Healthcare professionals are concerned her case could set a precedent for criminalizing medical errors. Will it? Tina Vinsant is a registered nurse with a BSN from Lincoln Memorial University in East Tennessee. Tina has been a nurse for six years. She worked for four and a half years in a Progressive Care Unit at the region’s only level one trauma center. She worked as a team leader in this PCU as a certified Progressive Critical Care Nurse for over a year. She has since moved to the Cardiovascular Intensive Care Unit and is now a certified Critical Care Registered Nurse. Tina also operates her own podcast, Good Nurse, Bad Nurse. Medical Justice speaks with Tina at length about Vaught’s case, outcomes, and sentencing. The Vaught case will impact ALL healthcare professionals. During these events, a nurse’s perspective is invaluable. Our podcast has the details…


EP 80: Charting the Healthcare Professional’s Path to Wealth (Part 1)

Healthcare professionals possess high-earning potential. That’s not news. But their path to wealth is different. That’s why it’s critical they consult with experts. Ideally, seasoned pros with a visceral understanding of both medicine and finance. Medical Justice Founder and CEO, Dr. Jeff Segal, and Mr. Jefferey Taxman, the principal of Physicians Financial Services, discuss blueprints for achieving wealth in a special two-part podcast. This is a whirlwind tour. Dr. Segal and Mr. Taxman outline the paths to wealth that will help you thrive – and how to avoid the pitfalls that create havoc. Your wealth (and the financial security of those who count on you) is invaluable. Our collaborative podcast dispenses pearls of wisdom that pay dividends.


EP 79: The Radonda Vaught Verdict from a Nurse’s Perspective (Part 1 of 2)

RaDonda Vaught worked as a nurse at the Vanderbilt University Medical Center between 2015 and January 2018. If you follow medical news outlets, you are likely familiar with Vaught’s case. She mistakenly injected a patient with a paralytic agent, killing her. Healthcare professionals are concerned her case could set a precedent for criminalizing medical errors. Will it? Tina Vinsant is a registered nurse with a BSN from Lincoln Memorial University in East Tennessee. Tina has been a nurse for six years. She worked for four and a half years in a Progressive Care Unit at the region’s only level one trauma center. She worked as a team leader in this PCU as a certified Progressive Critical Care Nurse for over a year. She has since moved to the Cardiovascular Intensive Care Unit and is now a certified Critical Care Registered Nurse. Tina also operates her own podcast, Good Nurse, Bad Nurse. Medical Justice speaks with Tina at length about Vaught’s case, outcomes, and sentencing. The Vaught case will impact ALL healthcare professionals. During these events, a nurse’s perspective is invaluable. Our podcast has the details…


EP 78: Delayed Melanoma Diagnosis Dooms Patient – Or Does It? The Wonky World of Loss of Chance.

The patient/plaintiff was a 78-year-old man. Doctors identified and removed what they believed was a basal cell carcinoma on his arm. Turns out, it was melanoma. When the patient was eventually diagnosed with melanoma, the disease was advanced. The plaintiff’s attorney argued that the initial misdiagnosis damaged his client’s chances of survival. But did it? There’s a legal theory called “loss of chance.” The idea is that when a patient has a horrible prognosis, doctors aren’t always liable for a bad outcome. But details matter. Here’s what doctors need to know…


EP 77: Bad News, Wrong Man. Patient‘s Prostate Removed by Mistake.

Eric Spang underwent a routine prostate examination in late-2020. His blood test revealed elevated levels of a prostate-specific antigen (PSA). This sometimes indicates the presence of prostate cancer. He underwent a biopsy to confirm. When his biopsy came back apparently positive, Mr. Spang and his wife discussed his options and his doctor. After seeking a second opinion, surgeons removed Mr. Spang’s prostate, believing the procedure would save his life. It wasn’t until the procedure concluded that the surgeons realized the mistake. Mr. Spang did not have prostate cancer…


EP 76: Pandemic Violence, Produce Sabotage, Physician Infighting in Idaho. The COVID Half-Hour.

The pandemic has spawned numberless medico-legal challenges. We bring three of the most interesting to your attention. A Texas man staunchly opposed to vaccination threatens a Maryland doctor with violence. Another man in his 40s falsely claims he paid a friend suffering from COVID to visit a local grocery store and lick produce. An Idaho medical association wages war against one of its own leaders when he publicly advocates prescribing Ivermectin to treat COVID. Only in the midst of a pandemic do these events make even a little sense.


EP 75: Fertility Specialist Impregnates Multiple Patients with His Own Sperm and Examines His Own Daughter – 30 Years Later…

The defendant practiced as a fertility specialist in the 1980s. Several of his patients were told they would receive sperm samples donated by medical students. The lawsuit alleges he skirted this detail, substituting his own sperm. He impregnated multiple women.

Flash forward to the late 2010s – a young woman in her 30s is examined by the defendant. This woman is the man’s biological daughter. When this woman investigated her own genetic heritage, she learned the truth…


EP 73: Doctor Sexually Assaults Veteran Patient.

The plaintiff is an Iraq war veteran. The doctor was treating injuries he suffered during combat. The doctor is accused of inappropriately touching the patient’s genitalia during treatment – and then withholding the patient’s prescription unless he allowed the doctor to inappropriately touch him.

The result: A bench trial. The patient received a $1.5 million settlement. It’s important we discuss how we can protect ourselves, our colleagues, and our patients from this kind of horrific behavior.


EP 72: Surgeon Vs. Surgeon: Noncompete Violation. Borrowed Prescription Ledger. Messy Lawsuit.

We return to the state of Florida, and its surgeon vs. surgeon. The defendant signed a non-compete contract with his former employer. He allegedly departed the practice and set up shop next door – violating his non-compete agreement.

It gets juicier – the departing surgeon allegedly told patients he still worked for his former employer. He may have also used a prescription ledger from his previous employer. This case is messy. Our podcast has the details…


EP 71: 5 Year-Old Patient. Misdiagnosis. Catastrophic Stroke.

A five-year-old child presented at the ER with difficult symptoms. The child was seen by a physician’s assistant – not an MD. The physician’s assistant tested the child for strep throat, based on the child’s symptoms. The test returned positive. The child was prescribed medication and sent home. A few hours later, the child suffered a massive stroke. The child is now bound to a wheelchair and requires a life-care plan. How did this happen? And what can we learn?


EP 70: Pharmacy Refuses to Fill (Then Confiscates) Valid Opioid Prescription. Lawsuit Ensues.

The patient, who became the plaintiff, suffered from a defective hip replacement. He needed medication to manage his pain. He tried to fill his prescription at a local pharmacy. The pharmacist believed the man was pill-seeking and turned him away.

The patient called his doctor, who told the pharmacist the prescription was legitimate. The pharmacist still refused to fill the order. Worse, they confiscated the man’s prescription. Cue opioid withdrawal. What happened?


EP 69: Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 2 of 2)

Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis.

Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents.

We spoke to Dr. Hickson at length.

Listeners can learn more about the CPPA by visiting the links below.

Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home

Twitter: VUMC_CPPA


EP 68: Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 1 of 2)

Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis.

Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents.

We spoke to Dr. Hickson at length. Listeners can learn more about the CPPA by visiting the links below.

Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home

Twitter: VUMC_CPPA


EP 67: How a 21st Century Answering Service Immunizes Practices from a Surprisingly Common Source of Litigation. The After-Hours “He-Said She-Said.”


We cannot count the number of times a doctor has called us and said: “If I only had a recording of my conversation with the patient, my case would have been dropped instantly.” During a medico-legal crisis, solid evidence can save a doctor from a disruptive, expensive, drag-out knock-down lawsuit.

We spoke at length with Dr. Michael Nusbaum, co-founder of MedXCom. MedXCom provides doctors with a simple, reliable, HIPAA-compliant way of storing and retrieving conversations with their patients for 23 years. The technology makes patient-to-doctor communication easier, more secure, and lower-risk. MedXCom is more than just an automated answering service – if you are sued, its technology can save you.

Our podcast has the details. Here’s what doctors need to know…


EP 66: The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 2 of 2)

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges – and what do to in the event they are sued. Mr. Pujji’s wisdom is invaluable – every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 


EP 65: The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 1 of 2)

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges – and what do to in the event they are sued. Mr. Pujji’s wisdom is invaluable – every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 


EP 64: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 3)


In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice’s negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered – meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.


EP 63: ”Hey, Doc – Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 2 of 2)


Doctors sometimes receive this warning: “Prepare to be sued for copyright infringement.” They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.


EP 62: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 2)


In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice’s negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered – meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.


EP 61: ”Hey, Doc – Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 1 of 2)


Doctors sometimes receive this warning: “Prepare to be sued for copyright infringement.” They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.


EP 60: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 1)


In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice’s negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered – meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.


EP 59: Hypertensive Patient Receives Facelift, Bleeds Post-Op, Sues Surgeon After 18 Day Hospital Stint. Surgeon Prevails. (Part 2 of 2)


A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are still lessons to be learned.

Our podcast has the details.


EP 58: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 2)


Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving – but it wasn’t easy. She went to court in 2011. A defense verdict was delivered – and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.


EP 57: Patient Shot in the Back, Advised to Have Surgery, Refuses, then Sues. (Part 1 of 2)

A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An interesting way of expressing gratitude.

Our podcast has the details…


EP 56: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 1)

Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving – but it wasn’t easy. She went to court in 2011. A defense verdict was delivered – and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.


EP 55: It’s All in the Delivery: Breaking Bad News to Patients – How To Do It (Part 2)

No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations: Lessons I Learned as an ICU Physician, on his website, The Orsini Way. Contact Dr. Orsini via his website, The Orsini Way, or via email at drorsini@theorsiniway.com.


EP 54: It’s All in the Delivery: Breaking Bad News to Patients – How To Do It (Part 1)

No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations: Lessons I Learned as an ICU Physician, on his website, The Orsini Way. Contact Dr. Orsini via his website, The Orsini Way, or via email at drorsini@theorsiniway.com.


EP 53: Anonymous Major League Pitcher versus Anonymous Surgeon. $5 Million Settlement. Surgeon on Phone in OR.

The plaintiff underwent spine surgery to relieve chronic back pain. In the days following the procedure, the plaintiff’s wound began leaking spinal fluid. Investigation revealed a stray shard of bone was the culprit.

The twist: The plaintiff alleged the surgeon was distracted during the procedure, texting his colleagues and booking future cases while operating. But is there more to this story? Our podcast has the details.


EP 52: Padding Test Results. $3 Million Verdict. What Was He Thinking?

A nine-year-old child was referred to a neurologist. The neurologist diagnosed the child with epilepsy and prescribed medication. When the child’s condition failed to improve, the mother investigated. She eventually filed a lawsuit, alleging the doctor INTENTIONALLY MISDIAGNOSED her child (and many others) so that he could collect substantial kickbacks from his hospital. We have the details. Here’s what doctors need to know.


EP 51: Lawsuit Tsunami: Understanding the ADA So YOU Don’t Get Sued (Part 2)

Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly – his insights are invaluable. Here’s what doctors need to know…


EP 50: Lawsuit Tsunami: Understanding the ADA So YOU Don’t Get Sued (Part 1)

Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly – his insights are invaluable. Here’s what doctors need to know…


EP 49: Hospital Blasted with $80K Penalty for Dragging Its Heels in Releasing Records (Part 2)

Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It’s the law. Most practices do so in a timely manner – but the penalty for dragging your feet was minor. That’s changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here’s how YOU can avoid getting blasted…


EP 48: Hospital Blasted with $80K Penalty for Dragging Its Heels in Releasing Records (Part 1)

Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It’s the law. Most practices do so in a timely manner – but the penalty for dragging your feet was minor. That’s changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here’s how YOU can avoid getting blasted…


EP 47: The New Business Intelligence Platform Changing The Way Aesthetic Practices Do Business

Terri Ross is a world-renowned aesthetic consultant. She understands the business side of medicine viscerally – she’s lived in that world for 15+ years. And as an aesthetic consultant, her financial health is tied directly to the financial health of her clients, so she’s got only one option: See that her clients excel.

Terri and her team at APX examine the overall health of a practice, identify where practices are making money, where they are losing money, and what changes practices must prioritize to grow.

The path to growth is rarely obvious – which is why Terri’s skill set is invaluable. On this episode of our podcast, Terri translates her years of experience into actionable insights every aesthetic practice must-hear.


EP 46: $30 Million Judgment. Patient Deceased. Surgeon Unable to Be in Two Places at Once. (Part 2)

The defendant surgeon was on-call. A patient with a gunshot wound to the liver was rushed to the hospital. The defendant was in the middle of an elective hernia procedure and could not treat the wounded patient. When the surgeon finished his first elective case, he began another scheduled elective procedure. When contacted by the hospital staff, the surgeon suggested they find someone else to perform the surgery. The injured patient died. The payout? $30 million. How did this happen? Is there more to this story?


EP 45: $30 Million Judgment. Patient Deceased. Surgeon Unable to Be in Two Places at Once. (Part 1)

The defendant surgeon was on-call. A patient with a gunshot wound to the liver was rushed to the hospital. The defendant was in the middle of an elective hernia procedure and could not treat the wounded patient. When the surgeon finished his first elective case, he began another scheduled elective procedure. When contacted by the hospital staff, the surgeon suggested they find someone else to perform the surgery. The injured patient died. The payout? $30 million. How did this happen? Is there more to this story? Here’s what doctors need to know…

This episode explores Part I of this case. Part II will be released soon.


 EP 44: A Doctor’s Trip to Cyber-Hell and Back: Surviving Ransomware and Data Breaches (Part 2)

Ransomware is a virtual pandemic. Doctors train their staff to filter suspicious messages and encrypt devices loaded with sensitive information. Despite these precautions, breaches are inevitable. Some cost doctors hundreds of dollars per patient. And breaches almost always impact large volumes of patients. With that in mind, overnight bankruptcy is not an exaggeration. Cyber liability coverage provides a cash cushion, and there are other best practices doctors MUST follow.


EP 43: How Powerhouse Law Firm ByrdAdatto Protects Doctors with NO Hourly Billing (Part 2)

Michael Byrd and Brad Adatto are partners at the ByrdAdatto law firm. ByrdAdatto is a legal powerhouse in the healthcare niche. Michael and Brad understand doctors viscerally. Not only because of their training and client-base but because they are children of physicians. 

Today, we discuss what doctors need to know to protect themselves from expected and unexpected medico-legal mayhem – and why smart doctors with good intentions end up in prison.

Every doctor is exposed to different medico-legal risks. The law as it pertains to medicine is rarely black and white. ByrdAdatto guides doctors through the black, the white, and the grey with expert counsel.

And the best part? They do all this with NO hourly billing. Michael Byrd and Brad Adatto host their own podcast – the Legal 123s with ByrdAdatto. Listen and subscribe on your favorite podcast platforms like Apple PodcastsSpotifyGoogle, and YouTube.


EP 42: How Powerhouse Law Firm ByrdAdatto Protects Doctors with NO Hourly Billing (Part 1)

Michael Byrd and Brad Adatto are partners at the ByrdAdatto law firm. ByrdAdatto is a legal powerhouse in the healthcare niche. Michael and Brad understand doctors viscerally. Not only because of their training and client-base but because they are children of physicians. 

Today, we discuss what doctors need to know to protect themselves from expected and unexpected medico-legal mayhem – and why smart doctors with good intentions end up in prison.

Every doctor is exposed to different medico-legal risks. The law as it pertains to medicine is rarely black and white. ByrdAdatto guides doctors through the black, the white, and the grey with expert counsel.

And the best part? They do all this with NO hourly billing. Michael Byrd and Brad Adatto host their own podcast – the Legal 123s with ByrdAdatto. Listen and subscribe on your favorite podcast platforms like Apple PodcastsSpotifyGoogle, and YouTube.


EP 41: A Doctor’s Trip to Cyber-Hell and Back: Surviving Ransomware and Data Breaches (Part 1)

Ransomware is a virtual pandemic. Doctors train their staff to filter suspicious messages and encrypt devices loaded with sensitive information. Despite these precautions, breaches are inevitable. Some cost doctors hundreds of dollars per patient. And breaches almost always impact large volumes of patients. With that in mind, overnight bankruptcy is not an exaggeration. Cyber liability coverage provides a cash cushion, and there are other best practices doctors MUST follow.


EP 40: Former FBI Hostage Negotiator Teaches Prevention and Treatment of Clinical Violence in YOUR Medical Practice (Part 2)

Don Robinson is a retired FBI crisis negotiator. He knows conflict. The medical practice is no stranger to conflict (or violence), which is why every doctor MUST heed Don’s wisdom. He’s translated his experiences in counterterrorism, organized crime, and narcotics investigation into an invaluable, trainable skillset for doctors. His goal? Train doctors and their staff in the art of crisis management. Reducing clinical violence by even a modest percentage could save hospitals millions, reduce burnout, and save lives. Violence against healthcare works is an epidemic. Don’s skillset is the cure. Listen to the first part of our conversation now.

Visit Don’s website to download his white paper on preventing clinical violence in your medical practice

Contact Don Robinson:

Website: https://clinicalsecurity.org/

Phone: 1-888-705-1007

Email: info@clinicalsecurity.org


EP 39: Former FBI Hostage Negotiator Teaches Prevention and Treatment of Clinical Violence in YOUR Medical Practice (Part 1)

Don Robinson is a retired FBI crisis negotiator. He knows conflict. The medical practice is no stranger to conflict (or violence), which is why every doctor MUST heed Don’s wisdom. He’s translated his experiences in counterterrorism, organized crime, and narcotics investigation into an invaluable, trainable skillset for doctors. His goal? Train doctors and their staff in the art of crisis management. Reducing clinical violence by even a modest percentage could save hospitals millions, reduce burnout, and save lives. Violence against healthcare works is an epidemic. Don’s skillset is the cure. Listen to the first part of our conversation now.

Visit Don’s website to download his white paper on preventing clinical violence in your medical practice

Contact Don Robinson:

Website: https://clinicalsecurity.org/

Phone: 1-888-705-1007

Email: info@clinicalsecurity.org


EP 38: Doctor Indicted in Money Laundering Scheme Involving Non-Approved Drugs

Dr. Rahim Shafa and his office manager, Nina Shafa operated the Novel Psychopharmacology Clinic. They are both 62. And they were both indicted in an international money laundering scheme involving non-approved drugs. They have been accused of purchasing these substances from a vendor outside of the US, taking strategic measures to disguise the substances once they made it stateside. The indictment suggests they had been at it for at least 10 years. What possessed the couple to take such a risk so late into their careers? And what can doctors learn?


Guest Episode: Preventing Lawsuits, Dealing with Curbside Consults, and Avoiding Other Legal Land Mines – Dr. Jeff Segal

Dr. Segal is a board-certified neurosurgeon who is also a practicing lawyer! On this episode of the Scope of Practice podcast, Dr. Segal chats with Dr. Brent Lacey. Listen to more episodes of the Scope of Practice Podcast on Dr. Lacey’s website

Medical Justice is a physician-based organization focused on keeping doctors from being sued for frivolous reasons. Dr. Segal also founded eMerit to help doctors protect and preserve their reputations – particularly online.

Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice and online reputation.


EP 37: Prescribing the Most Regulated Drug in America: Human Growth Hormone and the Law

Human growth hormone is considered the most regulated drug in the United States. Authorized uses are extremely limited – which is why it is critical doctors of all specialties understand when the drug can be prescribed and when it cannot. Doctors specializing in age medicine must pay especially close attention. The legal consequences of getting this wrong are severe. Bodybuilder and internationally recognized “steroid lawyer” Rick Collins, JD, is our guide on this whirlwind tour of this controversial substance. Don’t miss it. 


EP 36: Steroid Lawyer Reveals What Doctors NEED to Know About Prescribing Performance Enhancing Substances


Rick Collins is a bodybuilder. Rick is also an internationally recognized legal authority in the fields of testosterone, anabolic steroids, and other performance-enhancing substances. He is the original “steroid lawyer.”

Doctors prescribe all types of medications, including performance-enhancing medications – assuming they are medically indicated. Performance enhancing is more than excelling at a sport – it’s about feeling better, looking better, recovering faster, feeling youthful, etc. Doctors who prescribe these medications NEED to understand what the law allows and does not allow. Get this wrong, and you’ll burn. Rick Collins is your “fire-fighter.”  Here’s what doctors need to know…


EP 35: Doctor Murders Doctor: The Bloody History of Medical Licensing in the US (Part II)


These men were like father and son – until an organized effort to regulate the practice of medicine drove one doctor to murder the other. Most of us can’t imagine a world where the practice of medicine in the US is unregulated. But until the late 1800s, that was the American reality. Professor James Mohr, the author of the fascinating book, Licensed to Practice: The Supreme Court Defines the American Medical Profession, takes us on a wild two-part ride through the past no doctor should miss.


EP 34: The Surgeon Who Appeared in Traffic Court by Zoom During Surgery. Hear the Real Story. From Him.

Dr. Scott Green is a talented plastic surgeon trapped in a 21st-century media storm. Dr. Green received a traffic ticket. Because of COVID restrictions, he appeared in traffic court via Zoom after successfully completing the salient portion of his patient’s surgery. His fellow was closing. A faulty Zoom connection created a false narrative that Dr. Green was careless and cavalier. This judgment is both false and unfair.

How do we know? We spoke to Dr. Green ourselves. Every doctor needs to hear his side of the story. Why? What happened to him could happen to any of us. Listen to his story…


EP 33: Doctor Murders Doctor: The Bloody History of Medical Licensing in the US (Part I)

These men were like father and son – until an organized effort to regulate the practice of medicine drove one doctor to murder the other. Most of us can’t imagine a world where the practice of medicine in the US is unregulated. But until the late 1800s, that was the American reality. Professor James Mohr, the author of the fascinating book, Licensed to Practice: The Supreme Court Defines the American Medical Profession, takes us on a wild two-part ride through the past no doctor should miss. Our podcast has the details…


Guest Episode: How to Keep Lawyers from Circling Your Aesthetic Practice with Teri Ross

Expert Practice Management Consultant, Founder and CEO, APX by Terri Ross and Terri Ross Consulting sit down with long time friends Dr. Jeff Segal, to discuss all things legal. Dr. Segal is a board-certified neurosurgeon who trained at Baylor College of Medicine. Dr. Segal also graduated from Concord Law School with highest honor and is a partner at the Byrd Adatto law firm. Listen in as they discuss common oversights, keeping lawyers from circling your practice, and the top questions YOU asked such as “If a patient prepays for series of treatments, but never shows up… can I keep the money?“. Join us to learn the answer, and so much more about how to keep your practice compliant, and thriving!

APX by Terri Ross
www.apxplatform.com

Contact Terri Ross
terrirossconsulting.com
mitch@terriross.com
terri@terriross.com


EP 32: Med Spas: Cash Cows, or Multi-Million Dollar Landmines? (Part II)

We resume our roller-coaster discussion with Alex Thiersch, JD, Founder and CEO of the American Medical Spa Association. Here’s the reality: Many highly skilled and well-intentioned doctors working in or operating medical spas are slammed for medico-legal oversights. We identity the legal challenges that are closing doors and reveal what actions doctors can take today to neutralize the worst outcomes. 

If you work incurrently operate, or are considering opening a med spa, this podcast is a must-listen… 


EP 31: Med Spas: Cash Cows, or Multi-Million Dollar Landmines? (Part I)

What do you do when you see a massive, multi-billion-dollar industry developing right before your eyes – only to find out it is largely operating illegally? If you are Alex Thiersch, JD, Founder and CEO of the American Medical Spa Association, you jump into that space and start working out the regulatory pathways required to make that multi-billion-dollar industry operate safely, profitably, and legally.

Many doctors working in or operating med spas are getting thrashed due to legal oversights. Here’s what doctors need to know to protect their practices…


Episode 30: Las Vegas Couple Makes Killing Billing the Dead for Bullsh** Medicaid Expenses


Dead men tell no tales – so they can’t report you to the federal authorities for money laundering and Medicaid fraud. Before ultimately getting caught, this couple used their ill-gotten gains to finance a penthouse condo, a sports car, a cellar packed with fine wine, and a private jet.  How the hell did they pull this off? How did they get caught? And what lessons can doctors learn from this kind of criminal activity? Our podcast has the details. Don’t miss it.


Episode 29: When Hannibal Lecter is Your Patient.

A violent criminal was pursued by police. Backed into a corner, the criminal killed the advancing canine unit and jumped from a building. He was severely injured in the fall and treated at a local hospital. There, the criminal became a patient. He was monitored by a female guard. He was left unrestrained and attempted to escape, stabbing the guard with a shank. The result? Lots of blood. And a negligence case. Really.

Why was this patient not restrained? How much liability falls on the shoulders of the hospital? The patient (criminal)? The guard? This case is a fascinating, violent mess.


Episode 28: Armed Conflicts in the Practice, Violent Threats, and Suicide Prevention – Former FBI Agent and Police Sergeant Teach Doctors How to Prevent the Worst. (Part 2)

We continue our two-part discussion with Kathy Leodler (former FBI) and Paul Leodler (former police sergeant) of the Rampart Group.

Concealed weapons in the medical practice – where to begin? Is it possible to balance the protection firearms provide with the risks they create? And how should doctors react when a patient (or employee) with a history of extreme behavior (and a sizeable gun collection) threatens violence – or suicide? Most patient interactions are conflict free. But not all of them. Some can be deadly. And if it is predictable, it’s often preventable.

Before we get into the show, here’s a quick message from Resolve – a physician contract review company.

At Resolve, they believe that knowledge is power for physicians. And that power gives you control over your financial future.

Resolve believes that by mining, analyzing and synthesizing data, they can provide you with the information and insight that empowers you to diagnose the health of your career, fully understand your worth and maximize your full potential.

As a company founded by a doctor, for doctors, Resolve’s focus is on the wellbeing of those whose purpose in life is to care for the wellbeing of others.

To have this incredible company review your employment contract, find them at www.doctorpodcastnetwork.com/resolve.

__________________________________

Episode 27: Violent Patient or Employee? Active Shooter? Former FBI Agent and Police Sergeant Teach Doctors How to Prevent the Worst. (Part 1)

Kathy and Paul Leodler run the Rampart Group, a security consulting and investigations company. Kathy Leodler is a former FBI agent who retired after a distinguished 23-year career. Paul Leodler served in local law enforcement for 16 years and has over 40 years security and investigative experience.

They have assisted many doctors. They’ve seen it all. Angry patients. Family members who are exploding – metaphorically. Employees who want the practice to know who’s the “real boss.” They understand security at the highest level – including security nuisances to crises specific to medical practices. Most patient interactions are conflict free – but not all. Some can be deadly. Preparation is key. Here’s what doctors must know…

This episode of the Medical Liability Minute is sponsored by John McCarthy, co-founder of Physician Tax Advisors, and his team of CPAs have a combined total of over 60 years of experience helping physicians save money. Doctors have full plates already – and taxes just add stress.

Get the help you need and save money while you’re at it with Physician Tax Advisors.  

This firm is physician-family owned and works exclusively with physicians to lower their tax bills. By specializing in physician finances, John and his team have helped many physicians with high student debt decide if they need to file their taxes jointly with their spouse or separately. 

We ran the numbers and know that working with John just makes sense. Check them out at www.doctorpodcastnetwork.com/CPA

+ Request a complimentary, confidential medico-legal consultation

+ Members: Receive a free month of protection when your colleague joins Medical Justice.

+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 26: Patient Blinded and Doctor Blind-sided by Referral Gone Bad. Who’s to Blame?

An ophthalmologist determined his patient required the attention of a niche specialist. Fortunately, such a qualified specialist practiced next door (literally). Flash forward: The patient was rendered partially blind. And the cherry on top? The specialist next door did not take the patient’s insurance. A suit resulted.

Questions abound: How much research is the doctor obligated to perform prior to referring a patient? How can doctors reduce risk to themselves (and their patients) when making a referral? And what are the chances this could happen to you?

This episode of the Medical Liability Minute is sponsored by Physician Wealth Services.  Physician Wealth Services is a fee-only financial planning firm devoted to the financial well-being of physicians. Ryan Inman, founder of PWS and creator and host of the Financial Residency Podcast, developed a sense of responsibility to help physicians with their financial goals after witnessing how vulnerable his wife was to poor financial advice during her residency. To work with Ryan so that you can feel more in control of your money, contact him and his team at www.doctorpodcastnetwork.com/physicianwealth

+ Request a complimentary, confidential medico-legal consultation

+ Members: Receive a free month of protection when your colleague joins Medical Justice.

+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 24: Surgeon Slammed by NFL Star. When Celebrity Patients Sue Doctors. 

An orthopedic surgeon operated on an NFL star athlete. When the athlete experienced a bad outcome, he blamed the surgeon for prematurely ending his career. When a patient’s lost earning potential can be measured in the tens of millions, how can doctors protect themselves from catastrophic settlements?

Most doctors would jump at the chance to operate on someone famous. But star-power can cut.

Here’s what doctors must keep in mind when caring for celebrity patients…

+ Request a complimentary, confidential medico-legal consultation

+ Members: Receive a free month of protection when your colleague joins Medical Justice.

+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Guest Episode 3: I’m a Doctor: What Will a Medical Liability Mitigation Advisor Do For Me?

Huh? What’s that? Malpractice is a large and expensive part of what doctors have to face in today’s medical landscape. By establishing this relationship ahead of time with an advisor, you can head off a lot of problems before they become really big problems.

Our colleagues at the Paradocs podcast discuss how Medical Justice works offensively against the parties bringing lawsuits against member doctors.


Guest Episode 2: Lessons from a Neurosurgeon-Attorney-CEO

Dave Mandell, partner at OJM Group and host of the Wealth Management for the Modern Physician podcast, discusses, business, medicine, and wealth management with Medical Justice Founder and CEO, Jeff Segal, MD, JD. Listen and subscribe to future episode of the Wealth Management for the Modern Physician podcast here: https://www.ojmgroup.com/wealth-planning-for-the-modern-physician-podcast/


Guest Episode 1: Have You Heard of HIPAA’s Angrier Cousin, TCPA?

Here’s what doctors must know: Texting a patient (without proper written authorization) can result in a $500 penalty. Per text. With no caps. Doctors who text patients without written permission risk ruin. Legislation known as the TCPA (Telephone Consumer Protection Act) dictates stiff penalties specific to texting and privacy violations. 

The good news: The enclosed podcast, produced by our colleagues at the Insight Marketing Group (and featuring Medical Justice Founder and CEO, Jeff Segal, MD, JD) will teach you how to protect yourself from the worst outcome. Need help addressing TCPA compliance? Schedule a free consultation with Medical Justice Founder and CEO, Jeff Segal, MD, JD.


Episode 23: A Storm is Brewing in the Med-Mal World. 

Click here to read the podcast transcript

A storm is brewing in the med mal world – and one of the best professionals to educate us on the gathering clouds is Teddy Gillen. Who is he? Teddy is a principal at EPIC Insurance Brokers & Consultants. He’s been in the med-mal space his entire career. He has a gift for turning medical malpractice insurance, a subject most perceive as dry and dreary, into a whirlwind narrative that is fascinating and informative. Doctors frequently call us after a crisis has hit. If you spend even a modest amount of time with us today, you’ll walk away with wisdom that will help guard you against the worst med-mal outcomes.

+ Request a complimentary, confidential medico-legal consultation

+ Members: Receive a free month of protection when your colleague joins Medical Justice.

+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 22: America’s Leading Voice on COVID Speaks from the Frontlines. 

Click here to read the podcast transcript

Dr. Roger Seheult is arguably America’s leading voice on COVID-19.  He is a pulmonary and critical care doctor treating COVID-19 patients on a daily basis. His website, MedCram, has released over 100 videos on COVID-19. His YouTube channel has over 800,000 subscribers. MedCram’s content has been cited regularly as one of the most credible and accurate sources of COVID information available.

We spoke with Dr. Seheult about his experiences caring for patients on the frontline. And we discuss it all – victories, setbacks, emerging vaccine candidates, and potential treatment options.

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Episode 21: E.R. Doc Sued After Dousing Patient’s Laceration with Pesticide. Who’s to Blame? 

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A patient was rushed to the E.R. after a lawnmower lacerated his forearm. Sitting on the counter was a product called CaviCide. What’s CaviCide? An industrial strength pesticide. Absolutely not for human use. Which, of course, is precisely why the attending physician and his nurse sprayed it repeatedly into the patient’s gaping wound.

How did this happen? Why was an industrial strength pesticide present in the treatment room? And why did the jury deliver a defense verdict? It’s a complicated case.

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Episode 20: Missiles in the OR. Patient’s Eyeball Pierced by Flying Needle. Who’s to Blame?

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A 30-gauge needle pierced a patient’s eyeball during an elective procedure. The patient was advised all was well and sent home. She returned a short time later with rapidly deteriorating vision. She was ultimately rendered blind. Was the surgeon at fault? Or was his scrub tech to blame? It’s a complex case.

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Episode 19: Every State Determines Brain Death Differently. Really.

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What does it mean to be dead? You’d think the answer to that question is binary. You are, or you are not dead. But the fact is every state in the US determines death differently. And the subtle differences can have major consequences for doctors and their patients.

On this episode of the Medical Liability Minute, we discuss brain death with Thaddeus Pope, JD, PhD. Professor Pope is one of the world’s leading experts on medical law and clinical ethics. We are privileged to have Professor Pope as our guest on this episode of the Medical Liability Minute.

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Episode 18: Asset Protection and Wealth Creation for Doctors – Protect Your Nest Egg from COVID-19 with Medical Justice and the OJM Group

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The COVID-19 pandemic has turned our world on its head – both in terms of our health and our finances. On this episode of the Medical Liability Minute podcast, Medical Justice Founder and CEO, Jeff Segal, MD, JD, discusses asset protection strategies for doctors with David Mandell, JD, MBA. The objective? Help doctors protect their nest eggs during these turbulent times.

David Mandell is a partner at the OJM Group, a multi-disciplinary wealth management firm. What distinguishes them? Their focus on physicians. The OJM Group has worked with over 1500 physician clients in 48 states. David Mandell is an author and renowned authority in the fields of asset protection and general wealth management. We are privileged to have him as our guest on this episode of our podcast.

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Episode 17: Family Practitioner Treats Patient for Depression While Sleeping With His Wife on the Side

It is not uncommon for patients to develop romantic feelings for their caregivers. Managing these emotions is critical. When these emotions are mismanaged, bad outcomes often result.

A family practice doctor was treating a husband and his wife for an assortment of challenges. To make a long story short – the patient’s wife (who was also the doctor’s patient) fell in love with him.

Did this development resolve healthfully? If it did, we wouldn’t be discussing it. What can we learn?

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Episode 16: A Prescription for Humanity in Medicine

Neurosurgeons (and surgeons in general) have a reputation for being cold. Deserved or not, the stereotype has stuck. Dr. Joseph Stern argues embracing humanity in medicine is the key to combating burnout and improving patient outcomes. He speaks from his own experiences and makes compelling arguments.

We are privileged to have him as our guest on this episode of the Medical Liability Minute…

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Episode 15: Combating Sexual Harassment in Healthcare: Protecting Your Employees, Your Patients, and Yourselves


It is critical doctors take steps to protect their staff, their patients, and themselves from sexual harassment. These cases often rear their heads without warning. Many doctors have the power to do more than they realize. Those caught unaware pay a high price. 

On this episode of the Medical Liability Minute, Medical Justice Founder and CEO, Jeff Segal, MD, JD, and Medical Justice General Counsel, Mike Sacopulos, JD, discuss key measures doctors can take to protect their employees, their patients, and themselves from sexual harassment.

They do this by dissecting a real sexual harassment case from Tennessee…

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Episode 14: How to Have Your Day in Court and Keep Your Nest Egg | Top Med-Mal Defense Measures with Super Lawyer Chris Schulte, JD

Let’s pretend you’re on trial for malpractice. The jury delivers a runaway verdict – a 5 million dollar judgement. You have a 1 million dollar malpractice policy. You could be on the hook for the 4 million dollar difference – but because you and the plaintiff agreed to invoke a certain kind of agreement, your nest egg is untouched. And you get to keep your house.

What is this agreement? And what other key strategies can doctors invoke to protect their interests before, during, and after a trial?

Listen to this episode of the Medical Liability Minute to find out…

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Episode 13: What Doctors Get Wrong About Med-Mal Litigation | A Deep Dive with Florida Super Lawyer Chris Schulte, JD

On this episode of the Medical Liability Minute, Medical Justice Founder and CEO, Jeff Segal, MD, JD, and Florida Super Lawyer, Chris Schulte, JD, discuss what most doctors get wrong about medical malpractice litigation – and what they can do to increase the chances they’ll get their case dismissed or prevail in court.

Chris Schulte, JD, is a seasoned medical malpractice defense attorney from Tampa, Florida.

We are privileged to have him as our guest on this episode of the Medical Liability Minute…

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Episode 12: A Doctor’s Greatest Nightmare. Indictment. Prison. Then the Road to Redemption.

Dr. Roy Shelburne was, by all accounts, living the dream. He was leading a successful dental practice. He was providing high-quality care to patients who otherwise would’ve gone without. And he was serving a community of friends and family.

In 2003, the FBI kicked down his door. Over the next few years, his every word was scrutinized. A few years later, he was indicted and found guilty of healthcare fraud, racketeering, money laundering, etc.

Now he teaches others how to avoid fatal mistakes. We are privileged to have him as our guest on this episode of the Medical Liability Minute…

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Episode 11: Making Primary Care Cool Again with Dr. Josh Umbehr and Atlas MD

Dr. Josh Umbehr is a leader in the DPC (Direct Primary Care) movement. Briefly defined – it is prepaid primary care. And it is revolutionizing primary care across the country.

On this episode of the Medical Liability Minute, Dr. Umbehr and Dr. Segal discuss multiple topics: the DPC movement’s history, its impact on patient outcomes, and what doctors can do to participate…

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Episode 10: Asset Protection Planning for Physicians: A Prescription for Peace of Mind

We spend our careers caring for our patients and providing for our families. But how often do we stop to protect what we’ve earned? Not enough – which is a problem. It’s much easier to protect what you’ve earned than to earn it again. And catastrophes can divorce you from the assets you trust to keep your loved ones financially secure. 

On this episode of the Medical Liability Minute, Dr. Segal collaborates with Asset Protection Attorney Ike Devji, JD. Mr. Devji is one of the country’s leading authority on asset protection strategies for physicians…

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Episode 9: Gadolinium Deposition Disease: The Litigation Tsunami No One Sees Coming 

There’s a litigation tsunami on the horizon. If you order any MR imaging studies, you will want to hear more. Including how to mitigate the risk. Gadolinium is a contrast agent. Each year, about 30 million MR scans are performed. 1/3rd use contrast.

The newly described diagnosis is called Gadolinium Deposition Disease. It was described only recently in clinical journals. Even today, the diagnosis is controversial.

But, the lawsuits have started.

First up, lawsuits against manufacturers/distributors of gadolinium contrast agents. Chuck Norris (and his wife) are some of the plaintiffs. These are being propelled in MultiDistrict Litigation (MDL) by a small number of attorneys.

For those attorneys left out, they are starting to target healthcare systems, radiologists, and doctors who ordered such studies.

On this episode of the Medical Liability Minute, Dr. Segal interviews Dr. Benjamin Harvey, Director of Quality Improvement, Department of Radiology, Massachusetts General Hospital, Harvard Medical School.

Learn about Gadolinium Deposition Disease. Is it real? Is it just litigation theatre? If you order even one MR with contrast, learn how to mitigate the legal risk of being caught in the snare. 

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Episode 8: Missing Toes & Shotgun Lawsuits – Why Throwing Colleagues Under the Bus Never Pays


The subject of this week’s podcast is a podiatrist. The podiatrist was scheduled to treat a patient suffering from a fungal infection in his toenails. The problem – the patient didn’t have any toes…

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Episode 7: Trolling for Litigation – Why Staff Chaperones Will Save Your Skin

If a patient’s reported symptoms are grossly incongruent with your objective examinations, you might be looking at a red flag. Such was situation the subject of our podcast found himself navigating. The patient (female) alleged his the doctor’s examination was so brutal, it aggravated her existing condition. The patient’s husband, who claimed to have been in the exam room at the same time, verified this was true. But the physician’s employee, who was also present during the examination, told a different story. Jeff and Mike discuss…

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Episode 6: Consent Vs. Informed Consent – How Should Doctors Communicate Risk to Patients?

If surgeons told their patients everything that could go wrong during a procedure, only the most courageous would consent. That said, doctors must set appropriate expectations. Patients must have an adequate understanding of the risks. These conversations are memorialized in consent forms.

But even after a doctor obtains a patient’s consent, some will still allege they did not comprehend the innate risks. These outbursts typically accompany bad outcomes. What is the difference between consent and informed consent? And what is the optimal way for doctors to communicate the level of risk to their patients? Jeff and Mike discuss…

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Episode 5: Belly Dancer Sues Belly Dancer – What to Do When a Patient’s Family Perpetuates a Frivolous Lawsuit

Patients aren’t always the party responsible for perpetuating a frivolous claim. Sometimes the patient is perfectly happy with the care you’ve rendered – it’s his family that wants to pick the fight. Such circumstances require the patient to declare loyalty to one side or the other. Spoiler alert – his doctor rarely come out on top. But there are steps doctors can take to diffuse these delicate situations before sparks start to fly…

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Episode 4: Patients Bamboozled by Big Bills: How Much Care is Too Much Care?

Malpractice accusations fly when patients feel they’re denied the standard of care. In an attempt to douse firecrackers, some doctors prescribe superfluous tests. The purpose of said tests is to alleviate anxiety. But whatever good-will they facilitate is dashed when the patient receives his bill. On top of that, these tests generate unnecessary costs while providing little or no insight into the patient’s health.

Doctors know even menial tests present a small amount of risk to the patient. And if the amount of menial tests performed is not menial, then neither is the level of risk. On this week’s episode of the Medical Liability Minute, Jeff and Mike dig into all that can (and will) go wrong when patients are subjected to unnecessary testing…

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Episode 3: Avoiding Bad Outcomes When Selecting Interpreters for Deaf Patients

Deaf patients require interpreters fluent in sign language. Federal law mandates you provide one. The defendant in today’s episode provided his deaf patient with someone beyond adept in sign language – a member of his staff who happened to be the mother of a deaf child. And yet – when treatment ended, a lawsuit was served.  It alleged the patient was not provided with a qualified interpreter and experienced a sub-optimal outcome as a result. 

Could anything have been done to avoid this end? Jeff and Mike discuss…

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Episode 2: Fueled by Fear: Why Scared Patients Will Always Find an Attorney

Meritless malpractice cases are propelled by emotions. Most are products of greed, confusion, and misinformation. Physicians must not underestimate the role fear plays in such cases. Scared patients and predatory attorneys are drawn together like magnets. The 2012 New England Compounding Center meningitis outbreak created a lot of scared patients. And numerous malpractice claims. Not every claim was warranted, though. Today, Jeff and Mike dissect two malpractice claims that were inspired by fear, not medical neglect. How can physicians protect themselves from “trigger-happy” patients during such outbreaks? And what can physicians do to assuage a patient’s fears?

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Episode 1: From Vietnamese Re-Education Camp to Med Mal Courtroom

In our debut episode, Jeff and Mike discuss an important topic: How to navigate the fallout that inevitably follows the death of a patient. A patient’s death can conjure “long lost relatives”, along with their attorneys. Experience has taught us if they smell blood in the water, they’ll bite. What can physicians do to protect themselves from family members who want to pursue frivolous litigation?

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Notes from a Plaintiff’s Attorney: Avoiding Liability in “Casual Care”

By Dr. JD, a plaintiff’s attorney, practicing in the Northeast

We continue our series of articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant. Please give us your feedback – and let us know if you find the series helpful.

You are relaxing at your town’s July 4th barbecue, waiting for the fireworks. As you doze in your lawn chair, your neighbor taps you on the shoulder. “Doc, can I show you a spot on my arm that’s got me a little worried?” he asks.

You are at the PTA bake sale. The class dad next to you leans over and whispers, “Can I ask a favor? I was laid off and I can’t afford to go to the doctor just to get my Nexium prescription renewed. I feel like there’s lump in my stomach with all this stress. Could you just write me a prescription to tide me over?”

You are at your family reunion. Your cousin pulls you aside and takes out a copy of her lab report from an executive health service. She points to where elevated liver enzymes have been flagged. “What does this mean?” she asks.

You have been asked to offer a diagnosis, to prescribe and to evaluate clinical findings, all by people who are not your patients but are connected to you as friend or family, a setting usually referred to as “casual care”.

What do you do?

(more…)