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.

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

What Makes a Great Surgeon?

An article recently published in New England Journal of Medicine studied video submissions of 20 experienced Michigan bariatric surgeons performing laparoscopic gastric bypass surgeries. The videos were rated in a blinded fashion according to surgical skill. The authors then assessed relationships between these skill ratings … Read more
Medical Justice

Asking a Patient for Feedback. What NOT to do.

Bear with me. This introduction is not about a doctor-patient interaction. But, it will illustrate a core principle on “best practices” in asking patients for feedback or reviews. Actually, it will illustrate “worst practices. I went to upgrade a phone with my carrier; a carrier … Read more
Medical Justice

Notes from a Plaintiff’s Attorney: Should I Apologize?

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

File This Under No Good Deed Goes Unpunished…

Many years ago, I treated a patient for neck and arm pain. I removed his cervical disc. The procedure was uneventful, and by all measures, he should have returned back to work quickly. (Many years later, a surgeon removed a cervical disc fragment from me … Read more
Medical Justice