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.

Who Answers the Phone at Your Medical Office Matters—A Lot

Who Answers the Phone at Your Medical Office Matters—A Lot

Hell hath no fury like a dental patient scorned.   One recent news flash:  A woman in Lincoln County accused of slashing tires on 18 vehicles outside a dentist’s office has been arrested and charged, Lincolnton Police confirmed with Queen City News on Tuesday.  Officers responded … Read more

Preventing a Lawsuit – Always Seek Consent Before Searching a Patient’s Anus

Drs. Michael Parsa and Christopher Cabanillas are employed by University Medical Center of El Paso. They are two of numerous defendants in a lawsuit filed by the ACLU. Even though they are hospital employees, they are being sued in their individual capacity.   The plaintiff, … Read more
Medical Justice

A Little Knowledge Is a Dangerous Thing…

Alexander Pope once stated in An Essay on Criticism “A little learning is a dangerous thing” (updated in modern times to the saying A little knowledge is a dangerous thing).   Here’s a conundrum.   Benjamin Dover has lymphoma and is a candidate for a … Read more
Medical Justice

What You Tell Patients When Double-Blind Trial Suggests No Improvement Over Sham Surgery

A study from Finland caught my attention.  This study probably also caught the attention of third party reimbursers.   Its conclusion:   In this trial involving patients without knee osteoarthritis but with symptoms of a degenerative medial meniscus tear, the outcomes after arthroscopic partial meniscectomy … Read more
Medical Justice

Thanks For Filing the Incident Report. Now Pee in the Cup.

Since the 1970s, California has had some of the most aggressive tort reform laws in the country. The law, known as MICRA, caps non-economic damages – otherwise known as “pain and suffering.” The cap is $250,000 and it’s not budged in over three decades. This … Read more
Medical Justice

The Economics of Brain Death

Jahi McMath was declared brain dead following complications related to tonsil / sleep apnea surgery at Children’s Hospital in Oakland California. Jahi developed post-op bleeding and went into cardiac arrest. Several doctors examined her and declared she satisfied criteria for brain death. And she was … Read more
Medical Justice

One more item on HIPAA to do list

We encrypt laptops and cell phones. We get business associate agreements to make sure our vendors protect our patient’s confidentiality. We have data breach policies in place. That’s already a load. There’s always something else to do. On August 14, 2013, Dept. Health and Human … Read more
Medical Justice

Are you liable when you do IMEs or insurance exams?

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

When a patient prefers care that is NOT the gold standard of care?

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: Using the medical record to sue a competitor for defamation

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

Your Patient Demands You to Pay for HIS WIFE’S treatment. WTF!

Recently, a doctor treated his patient for erectile dysfunction and decreased sexual drive. The patient had multiple reasons explaining these two conditions. He was on a SSRI. He had a history of alcohol abuse. And several other medical issues. What was also clear was that … Read more
Medical Justice