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.

Beware of the Trojan Horse

The number of medico-legal landmines associated with running a practice is huge. Our cup runneth over. And most physicians are at least aware of these debacles. What most practices are blissfully unaware of: brouhahas caused by employees. A number of years ago I listened to … Read more
Medical Justice

Informed Consent and Facial Fillers: Risk versus Reward 

In May, the FDA issued a report called: Unintentional Injection of Soft Tissue Filler into Blood Vessels in the Face: FDA Safety Communication.  For our general audience, fillers are approved to reduce the appearance of wrinkles or augment hollowed-out areas, such as lips or cheeks. When … Read more
Medical Justice

Prescribing Over the Phone

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

Should You Have a Pre-Nup?

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

Patients to Be Dinged by Insurance If ER Visit Not Emergent

Anthem rolled out a new policy holding patients directly responsible for the ER bill if it is later deemed non-emergent. And who will decide whether the visit was emergent or not? You guessed right. Anthem’s policy is in place in Georgia, Kentucky, and Missouri. Next … Read more
Medical Justice

Iowa Board of Medicine Makes Love an Actionable Offense.

Perhaps the headline should read “Iowa Board of Medicine Makes Making Love an Actionable Offense.” Boards of Medicine generally take action if a physician inappropriately propositions a patient for sex. Some boundary issues are obvious. If a psychiatrist is in the middle of an active treatment plan with a patient, … Read more
Medical Justice

Dodging a Bullet. Occupational Hazards of Healthcare.

If you practice in an operating room, sooner or later you will get stuck with a needle. We all try to follow best practices. But, when you have sharp tools, on occasion, the unfortunate does happen. Last year, an ophthalmologist in Oregon relayed this tale. … Read more
Medical Justice

Should a Doctor Change His Name? Witness Protection Lite.

Doctors occasionally change their name. They get married. They get divorced. Some keep their name. Some change their name. It happens all the time. But, that is a deliberate choice. Are there times doctors might want to change their name – against their will? Huh? … Read more
Medical Justice

Plaintiff Receives Nine Figure Personal Injury Settlement. Oh My.

In Illinois, a jury awarded a plaintiff $148 million. The state’s previous record was a $47 million medical malpractice settlement in 2017. The defendant, the Chicago Department of Aviation, was able to negotiate the verdict down to $115M. Whew. The plaintiff accepted to avoid the … Read more
Medical Justice

Informed Consent? Sure. We’ve Got All the Time in the World…

It’s a long standing medico-legal principle that before a patient undergoes a non-emergent procedure, he must understand the risks, benefits, and options, and provide consent. This is informed consent. It’s also a long standing medico-legal principle that informed consent is more than a signature on … Read more
Medical Justice