Medical Justice Blog

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.

Who Answers the Phone at Your Medical Office Matters—A Lot

Who Answers the Phone at Your Medical Office Matters—A Lot

Hell hath no fury like a dental patient scorned.   One recent news flash:  A woman in Lincoln County accused of slashing tires on 18 vehicles outside a dentist’s office has been arrested and charged, Lincolnton Police confirmed with Queen City News on Tuesday.  Officers responded … Read more

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

A 30-gauge needle pierced a patient’s eyeball during an elective procedure. The doctor advised the patient all was well and sent her home. She returned a short time later with rapidly deteriorating vision. She was ultimately rendered blind in that eye. Was the surgeon at … Read more
Medical Justice

Surviving Patient Conflict | 6 Strategies for De-escalating Difficult Patients

Patient conflict bites. “I expected you to make me better. You made me worse. I’m thinking about speaking to an attorney. Also, I want the whole world to know so they can be forewarned.” Yikes.  Doctors want to treat as many patients as reasonably possible. … Read more
Medical Justice

Carrier Threatens Doctor with Discipline for Ordering Too FEW Tests

Dear readers, based on your long experience with health insurance carriers, what is the likely answer to these questions? Insurance carriers generally prod doctors to do more tests or fewer tests? Would a carrier ever “discipline” a doctor for exercising his reasonable judgment to limit … Read more
Medical Justice

Personality Profile and Specialty Choice

I’ve often wondered whether medical students are attracted to a particular specialty because of their personality type; or whether their personality adjusts and evolves based on their specialty choice. The answer is it’s probably a bit of both. One academic medical school website delved a … Read more
Medical Justice

Impostors: Dealing with Medical Identity Theft

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through the eyes of a malpractice plaintiff’s attorney. This attorney is a seasoned veteran.  The series includes a number of pearls on … Read more
Medical Justice

Revoking Her License? That Seems Harsh.

Medical Justice provides 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. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit … Read more
Medical Justice

Every State Determines Brain Death Differently. Really.

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 when it comes to brain death specifically, the subtle differences can have major consequences … Read more
Medical Justice

The Ethics of Vaccine Efficacy Trials Using Prisoners Challenged with SARS-CoV-2

The race is on to create and distribute a safe and effective vaccine against SARS-CoV-2 for the world. Historically, a vaccine’s efficacy against dangerous agents is tested by seeing whether vaccinated subjects in endemic areas have lower incidence of the disease than the surrounding population. Alternatively, if there’s a reasonable treatment for the condition, … Read more
Medical Justice

Your Colleague’s Keeper: Vicarious Liability

We continue with our series of general educational 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 … Read more
Medical Justice

Trial Bar’s Bonanza: COVID-19

Here’s a formula for the trial bar’s wet dream. A high frequency, high severity condition where no consensus standards are fully accepted or in place. High frequency means the “triggering event” is common. COVID-19: Check. High severity means the damages are significant. COVID-19: Check. A … Read more
Medical Justice