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.

Do No Harm: Dr. John Marsh’s Excellent Book

I just finished Do No Harm, a book authored by a freshly retired British neurosurgeon. If you’re not maxed out on your summer reading list, add this one. In one sense, the book is a bit depressing. Dr. Marsh works for the National Health Service … Read more
Medical Justice

Foreign Bodies Left in the Body, Oh My…

Some unintended foreign bodies left post-op in the body never create any problems. Some are associated with continued risk. And the law is all over the place in terms of how long a surgeon or facility is liable, if at all.   A recent New … Read more
Medical Justice

Notes From a Plaintiff’s Attorney: Avoiding Liability in Retention of Medical Records

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

Notes From a Plaintiff’s Attorney: Liability to Those Who Are Not Your Patients

We continue with 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 a number of pearls on how to stay out … Read more
Medical Justice

Notes from a Plaintiff’s Attorney: Blowing the Whistle

We continue with 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. In this article, the author addresses “Blowing the whistle.” This attorney is a seasoned veteran. The series includes … Read more
Medical Justice

Family of Jahi McMath – Declared Brain Dead – Files Lawsuit

This is a tough one.   Readers will remember the case of Jahi McMath, the unfortunate 13 year old who underwent an operation to treat sleep apnea, including tonsillectomy. Post-op Jahi was coughing up blood. The following morning her heart rate dropped and she went … Read more
Medical Justice

Can a Board of Medicine Discipline a Doctor for Participating in Worker’s Comp Fraud Investigation?

Many years ago, I took care of a worker’s comp patient. He wasn’t improving. He lamented he could not even pick up the newspaper from his yard.   The worker’s comp carrier obtained video surveillance footage of this same person getting in his car, traveling … Read more
Medical Justice

Loser Pays in the U.S.? Some States Have It.

Most U.S. physicians are not clamoring to embrace the British healthcare system. But, one feature accessible to our colleagues across the pond is an exception. Loser pays.
Medical Justice

Emotional Distress in Witnessing CPR – A Jury Decides

Families are pivotal in helping patients recover. They advocate for their loved ones. They give encouragement to rehabilitate. They provide reasons to push harder to live. What happens when a patient deteriorates in front of the family and a code is called? Sometimes the family … Read more
Medical Justice

A 37 Year Old Neurosurgeon Just Died From Cancer. His Words Are Immortal.

In his sixth year of neurosurgical residency at Stanford, Dr. Paul Kalanithi developed night sweats, back pain, and cough. His weight dropped precipitously. In May, 2013, he was diagnosed with stage 4 non-small cell EGFR positive lung cancer. He had never smoked.   He was … Read more
Medical Justice