Three States Capitulate or Walk Back Efforts to Police Physicians’ Speech
Free speech is a sacred right in America. It is not absolute. But the exceptions to government regulation of free speech are minimal. Three states made efforts to regulate physicians’ speech. These attempts were either rescinded or overruled in court. Let’s start with Oregon. While … Read more
You Are a Board-Certified Colo-Rectal Surgeon. The Plaintiff’s Expert Testifying Against You Isn’t. How is That Fair?
Medical malpractice cases are often fought as battles of the experts. In a med mal case, the plaintiff needs to prove, by a preponderance of evidence, that you owed the patient a duty, you breached the standard of care imposed by that duty, and that … Read more
The Case for Physicians Addressing Anger Issues with a Therapist Sooner Rather than Later.
Dr. Tomasz Kosowski was a plastic surgeon in Florida. As I write he is defending himself against a charge of intent to kill murder. If convicted, he could be sentenced to the death penalty. About Dr. Kosowski , the Florida Dept of Health states “No … Read more
Your Online Presence Is Now a Medico-Legal Consideration
For years, online visibility was viewed primarily as a marketing issue. Today, it is increasingly a risk management issue. When an unhappy patient posts a review, threatens a board complaint, demands a refund, or takes their frustration online, the question is no longer limited to … Read more
Prior Authorizations: The Bureaucratic Booby Trap
Few things can make a physician’s blood pressure rise like prior authorizations. What started as a sensible way to contain unnecessary costs has evolved into a labyrinth designed to test patience and persistence. The problem isn’t just the wasted time. It’s the legal exposure that … Read more
Expert Witness Who Used ChatGPT to Generate Majority of Report Outed at Deposition. Ouch.
An explosion in Houston killed three people and damaged ~200 homes. Victims sued Watson Grinding, the operators of the plant that exploded due to gas leak from a “degraded and poorly crimped rubber welding hose.” Plaintiffs sued 3M, alleging the company failed to properly service … Read more
Impaired Physicians in Treatment. Mitigating Professional Fallout.
Medicine is high stress. Some physicians, whether via predisposition or burnout, struggle with alcohol, narcotics, or other substances. It could even be from extended use of pain meds post-trauma or post-op. Regardless of the cause, if use evolves into abuse, it could impair function. Impairment … Read more
Your Deposition. Your Audition to Continue on or be Dismissed as a Defendant.
When a physician is sued, one of the most important forks in the road is your deposition. Sure, the facts of the case matter. And often, medical malpractice cases resolve to a battle of the experts. But you can make a difference early on. No … Read more
Poor Documentation: Small Miss, Big Consequences
Poor documentation rarely looks dangerous when you’re the one typing it. It looks efficient. “Doing well.” “RTC two weeks.” Everyone goes home. Months later, a letter arrives. That one-liner is now Exhibit A. The care may have been thoughtful. The record reads thoughtless. Claims data … Read more
When Your Partner’s Legal Trouble Becomes Yours
Most doctors enter partnerships with optimism. You found someone who shares your vision, your work ethic, and your patients. You split costs, grow the business, and cover for each other on weekends. It feels like a marriage of equals. Until one day, it doesn’t. Partnerships … Read more
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