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.

Notes from a Plaintiff’s Attorney: Reporting a Deficient Physician

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

Notes from a Plaintiff’s Attorney: Taking charge in your case – Impleader and Summary Judgment

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

Patient Privacy Breaches: Sexual, Creepy, and Illegal

by Michael J. Sacopulos, JD (General Counsel Medical Justice / Dental Justice) Porn Stars Deserve Privacy, Too Every day seems to bring word of new healthcare privacy breaches. A physician’s laptop goes missing in Illinois. A practice’s system is hacked in Maryland. Old patients’ charts … Read more
Medical Justice

Hospital WANTS Legal Case Against It Labeled as Medical Malpractice

If a patient is injured in a hospital, and a lawsuit emerges, it can fall under the category of “ordinary negligence” or “medical malpractice.” For cases that qualify as legal claims, the vast majority of such claims fall under the category “medical malpractice.”   Why … Read more
Medical Justice

New Federal Minimum Wage Order and Doctors. Does It Affect You?

At the time of this writing, President Obama signaled he will be signing an Executive Order to increase the wage for workers under new federal contracts from $7.25 an hour to $10.10 an hour.   Most doctors, of course, are not federal employees.   But, … Read more
Medical Justice

When Your Patient is a Wonderful Human Being; and His Family Is Not.

You are consulted to see a patient for possible surgery. On first meeting, he’s a great guy. But he’s 4+ sick. He had a heart transplant a number of years ago. Diabetes. COPD. And now he has an acute abdomen. He needs immediate attention.   … Read more
Medical Justice

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