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.

Definition of Disability. It Depends What the Meaning Of “Is” Is.

Ever heard of the name Gary Muhrcke? He won the first NYC marathon in 1970.   He was also a firefighter. He injured his back in a burning building and was retired with ¾ disability pension. In 1975, he started running again. He said he … Read more
Medical Justice

Refusing to Treat Patients – When You Want Distance From a Patient’s Infection, Morality, and Politics – Part 2

We return to our discussion of can you refuse to treat a patient. 2. Moral opposition to a treatment The analysis again starts with the contractual nature of the physician-patient relationship. The patient seeks care and the doctor agrees to provide it. In that idealized … Read more
Medical Justice

Word to the Wise. Not All Subpoenas to Doctors Are the Same.

Doctors receive subpoenas all the time. Lawyers send subpoenas for medical records when their client has been injured in a fender-bender; is seeking money from worker’s compensation; and when suing a doctor for negligence. In each of these cases, the lawyer is seeking the medical … Read more
Medical Justice

Refusing to Treat Patients – When You Want Distance From a Patient’s Infection, Morality, and Politics – Part 1

Can you refuse to treat a patient? The simple answer is “Yes – of course.” But, when it comes to the law, there are layers to that answer.
Medical Justice

How to Avoid Being Burned as an Employer

I’ve spoken with several doctors over the past couple of months. All were dragged into litigation related to their role as an employer. They were being sued by ex-employees. The allegations varied – sexual harassment; improper termination; discrimination.   In 2011, the Equal Employment Opportunity … Read more
Medical Justice

What Do You Do When Your Patient Is Sporting a Swastika Tattoo?

Any physician who has spent time taking care of trauma patients has been cursed at, spit at, and more. If you are a woman or member of racial or ethnic minority, some patients have belittled you. If you are from another country and speak with … Read more
Medical Justice

Not Your Everyday Informed Consent Issues

It’s no secret that availability of organs for transplantation in the US pales in comparison to demand. Many die each year waiting for an organ. The systems that oversee transplantation define rules which allow one to “wait in line.” You get an organ based on … Read more
Medical Justice

What’s With the Epidemic of Whining?

Watching the news, you’d think that US hospitals are being crushed by the weight of an Ebola epidemic. While Ebola poses a non-negligible risk, it pales in comparison to the epidemic of whining.
Medical Justice

Ebola and Quarantine / Isolation Laws. What is the Government Allowed to Do?

The Centers for Disease Control and Prevention (CDC) publishes a webpage which gives excellent summary information on government powers to enforce isolation and quarantine.   First, the definitions.   Isolation separates sick people with contagious disease from people who are not sick. Quarantine separates and … Read more
Medical Justice

To “Or” or Not To “Or”; That Is the Question.

Dr. Carolyn Lobo received a metaphorical “rectal exam” from two Boards of Medicine – first California; then Ohio.   Here’s what triggered the kerfuffle.
Medical Justice