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.

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
Medical Justice

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
Medical Justice

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
Medical Justice

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
Medical Justice

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
Medical Justice

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
Medical Justice

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
Medical Justice

A Tough Dilemma: Disclosing to Patients They May have Been Exposed to Creutzfeldt-Jakob Disease

Earlier this year, a number of media outlets reported that a North Carolina hospital was attempting to contact 18 neurosurgical patients who might have been exposed to Creutzfeldt-Jakob Disease (CJD). The potential source was a patient who had symptoms of CJD and had a neurosurgical … Read more
Medical Justice

Guess Who’s Back Trying Med Mal Cases? John Edwards.

After a restful interlude, John Edwards has returned to his core competence – suing doctors.
Medical Justice

Notes from a Plaintiff’s Attorney: Limiting the liability of patient portals

In the world of liability exposure, patient portals can be a blessing or a curse. That is because they close gaps in communication that often lead to complaints and lawsuits but they also create updated standards that have to be met. For example, through the … Read more
Medical Justice