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

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











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











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











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











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











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











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











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











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











Blog Categories
Healthcare Reform HIPAA & Patient Privacy Legal Medical Malpractice News/Announcements Patient Safety Reputation Management Risk Management
Medico-legal challenge? We can help.
Receive weekly updates in your email inbox