Red Flag City
A plastic surgeon called me recently. He routinely examines his female patients with a female chaperone in the room. This is a good idea. Make that – a great idea. While it’s not common to be accused of inappropriate sexual contact, the accusation does occasionally … Read more
Prescribing opioids – Navigating the minefields
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
Not on call. Just finished a large glass of wine. The ER calls. What to do?
Most physicians wake up every day intending to do the best possible job and help their patients. They work long hours, sacrifice a normal family life, and don’t always receive a thank-you note. Digest the following hypothetical. You and your partner are the … Read more
Agreements to allow a doctor to respond to a patient’s untruthful online post.
Recently, a doctor asked our thoughts on whether his standard HIPAA Notices of Privacy Practices could be amended to allow him to disclose protected health information online “to set the record straight.” His goal was not to debate a patient’s opinion. Rather, he wanted … Read more
Can a Board of Medicine Discipline a Doctor for Participating in State Sanctioned Execution?
Botched executions are in the news again. The vast majority of states that allow for state sanctioned death penalty perform the execution via a three drug protocol. The first drug is an anesthetic – such as propofol or a barbiturate. The second … Read more
Consent to Use Before and After Photos. Lessons from a Multi-Million Dollar Lawsuit
Summary judgment was granted on June 10th to plaintiff Catherine Manzione in a multi-million dollar lawsuit. That means the plaintiff won without even having to present her case to the jury. The judge granted the motion noting there are no disagreements on the facts of … Read more
Does Your Practice Accept Cash? Ever Heard of Form 8300?
Most patients pay via insurance, check, debit card, or credit card. I’m guessing a handful of practices accept bitcoins. And, yes, every practice accepts cash. Did you know that if you receive over $10,000 in a trade or business, Form 8300 needs to be … Read more
Medicaid – Medicare Parity. Be Careful Before Cashing the Check.
The phrase “Medicaid – Medicare Parity” typically draws a blank stare. A recent article by a healthcare attorney, Ericka Adler, described the presumed benefit of Medicaid – Medicare Parity and how one practice got close to going off the edge of a cliff. The … Read more
Did John Edwards Just Pocket $4M in a Med Mal Case?
Faithful readers will recall blog we presented several weeks ago: Guess Who’s Back Trying Med Mal Cases? John Edwards. To refresh: Edwards, 60, is one of three lawyers representing the parents of a 4-year-old Virginia boy who was 3 months old in 2009 … Read more
Notes from a Plaintiff’s Attorney: Liability issues in telemedicine
By Dr. JD, a plaintiff’s attorney, practicing in the Northeast We continue 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 … Read more
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