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.

To Mask or Not to Mask. That is the Question.

For decades, surgeons have performed elaborate rituals to minimize risk of infection to patients. We wash our hands. Don gloves and gowns. Cover our hair. Avoid reaching over our heads or below our waist (except to adjust the light – yes, I know, the rituals … Read more
Medical Justice

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 … Read more
Medical Justice

How to Overcome an Attorney Out for Blood

The Challenge: An unhappy ex-patient (who happens to be an attorney) threatened legal action against a surgeon. This ex-patient attempted to coerce other patients into posting inciting reviews on Yelp. The review not only promised legal action but solicited others to participate. The Remedy: Due … Read more
Medical Justice

Zero to Hero

The Challenge: Ever see those employment listings for an entry-level position that requires “2 years of experience?”  How can you get a job that requires experience when you don’t have any? What about qualifying for a home or auto loan with little to no credit … Read more
Medical Justice

When Strangers Use Your Images Without Permission

The Challenge: A client (an OBGYN) recently married and published photographs of the event on Facebook. In the months following the publication of these photographs, an image of the event was used in a blog without the client’s permission. The story, published by GeekyCamel.com, focuses … Read more
Medical Justice

How to ID Fake Reviews – and Remove Them

The Challenge: A client (an aesthetic surgeon) received a negative review from a “person” calling herself “Natalie Guzman.” Guzman accused our client of charging an unreasonable amount of money for a facelift. The negative review was published on our client’s Google business listing. Our client … Read more
How to ID Fake Reviews – and Remove Them

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