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.

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

Professional Negligence Versus Ordinary Negligence in a Medical Office

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

Urgent Client Alert: Yelp Forced to Disclose Identities of People Alleged as Posting Fake Reviews

The litany of complaints doctors have compiled against Yelp is long. Frustration is based on (a) filtering of reviews – many of which are positive; (b) the perception (right or wrong) that refusal to purchase advertising on Yelp leads to score manipulation; and (c) Yelp … Read more
Urgent Client Alert: Yelp Forced to Disclose Identities of People Alleged as Posting Fake Reviews

A Tale of Woe. A Bad Asset Protection Plan.

Doctors are at risk for being sued. They are targets for litigation. Sure, insurance provides a defense. But, it doesn’t take much imagination to see how a judgment can exceed policy limits. And the risks go beyond professional liability. How about a car accident? Slip … Read more
Medical Justice

Large Insurance Carrier Outs Patients With HIV

By now, doctors have been trained to think about the ramifications of patient privacy before taking action. We make sure that first name and last initial are on the operating room scheduling board. On hospital room doors – same thing. We ask for authorization before … Read more
Medical Justice

Surgeon Laser Etches His Initials into Liver in Transplant Patients

Let’s start at the end. You kind of know how this ends. Dr. Simon Bramhall, a liver transplant surgeon in the UK, pleaded guilty to two counts of assault by beating. He pleaded not guilty to the more serious charge of assault occasioning actual bodily … Read more
Medical Justice

Law Pushing for Cameras in the Operating Room

“Julie’s Law” is a Wisconsin bill named in honor of Julie Ayer. The patient had breast augmentation surgery in 2003. Sadly, the patient flatlined during the procedure. CPR was initiated, but too late. The patient was transported back to Wisconsin where she died three months later.   According to … Read more
Medical Justice

Doctors Flummoxed by DNR Tattoo

A recent report in the New England Journal of Medicine highlighted a case of a patient who presented to the Emergency Department, unconscious, with a Do Not Resuscitate tattoo sprawled across his chest. The 70 year old man was quite ill on arrival. His blood alcohol level was … Read more
Medical Justice