Lawyers Have Their Own “HIPAA” Issues – The Story of a Prostitute
Do not conclude I am equating an attorney to a prostitute. I’m not. Jerene Dildene started working as an escort when a divorce and cutback in work hours (teaching Spanish in area pubic school) created financial hardship. Initially she searched Craigslist for part time work. … Read more
Being a Doctor and Playing Poker – The Overlap
Dr. Kelly McMasters, a surgical oncologist, graciously allowed us to republish the commencement address he delivered to the University of Louisville School of Medicine Class of 2017. His words of wisdom resonated far beyond the typical platitudes pushed onto graduates. Further, his personal experience as a father … Read more
HIV Positive Man Charged With Murder After Mistress Dies from AIDS
Two interesting cases are working their way through the system in Ohio. Robert Murdock was charged with murder in Ohio for not telling his mistress, Kimberly Klempner, he was HIV positive. The indictment alleges that Murdock knew he was HIV +positive but failed to tell his mistress. The … Read more
Florida Takes a Step Backward
Let’s go down memory lane. As the new millennium dawned, Dade and Broward Counties were in the midst of a professional liability crisis. Insurance was not only unavailable. It was unaffordable. Neurosurgeons were being asked to pay $250k/yr in coverage. Many policies topped out at … Read more
Freckles and Lawsuits
Virtually every physician knows that patient privacy is sacred. One needs a patient’s affirmative consent to disclose what is known as protected health information. This is covered by state and federal (HIPAA) privacy laws. If a doctor posts the medical record, that is disclosure of … Read more
Physician Warns Medical Students How Easy it is to be Bribed
In 2014, an internist pled guilty to violating anti-kickback laws for illegal referrals. She accepted monthly cash payments of $5,000 to refer patients to a New Jersey lab, Biodiagnostic Laboratory Services. Apparently a total of 30 doctors have been snagged in the roundup. Biodiagnostic Laboratory … Read more
How Facebook Saved My Patient’s Life
Sometimes you need a nugget of medical information – pronto. If your patient has been in a hospital, you likely have access to reams of data. Finding your nugget may take seconds, minutes, or hours. You may never find it. A number of years ago, … Read more
Upside-Down World – A Patient Sues You to Keep Taking Care of Them
Normally, when a patient sues a doctor, he is unhappy with the care. He wants money for damages the doctor allegedly caused. Most rational people do not continue to see the same doctor if they believe that doctor negligently harmed them As Einstein once said: … Read more
Jewelry Store Owner’s Son has to Pay Competitor Because of Fake Review
The jury has spoken. Stephen Blumberg owns Stephen Leigh Jewelers in Massachusetts. Toodie’s Fine Jewelry is a competitor. Allegedly, Adam Jacobs, a Toodie’s employee, wrote a multi-paragraph negative Yelp review about Stephen Leigh Jewelers. The review said he was looking for a 1.5 karat engagement … Read more
The Tax Man and Med-Mal Settlements
First, the obvious. This is not to be construed as tax advice. Now for some interesting nuggets. When people sue one another (or even threaten litigation) and money changes hands, there are tax implications. A recent article by Robert Wood dives deeper. (A) Settlements and … Read more
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