Medical Justice Blog

Proving defamation is hard. To prevail, you must demonstrate someone (a) made a false statement; (b) to another; and (c) that false statement damaged your reputation. Truth is a defense to a charge of defamation. And statements of opinion don’t count. An example of a … Read more

A doctor’s hand-written (and yes, legible) letter to his patient’s husband was shared on the Internet and viewed over 2 million times. It speaks for itself. Dear Mr. (removed), I am the Emergency Medicine physician who treated your wife Mrs (removed) last Sunday in the … Read more

For Immediate Release: Medical Justice today endorsed the “Patient Injury Act,” a proposal introduced in the Georgia Senate to replace the state’s broken medical malpractice system with a no-blame, administrative model that will fairly compensate patients and decrease the practice of defensive medicine. The “Patient … Read more

By Dr. JD, a plaintiff’s attorney, practicing in the Northeast High-low agreements are a unique type of settlement mechanism. Unlike settlements that avoid trials, these are settlements that are contingent on the result of a trial. High-low agreements are pre-verdict arrangements that set an alternate … Read more

One psychiatrist on a physician blog site recently wrote: “If you’re a shrink and your patient kills someone, be prepared for being sued for your defective clairvoyance…. What we do is this: we help patients who come to us and want to be helped. We … Read more

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

A provocative article caught my eye recently. Justice in Crisis: Victim Access to the American Liability System. The author, Joanna Shepherd, is an Associate Professor of Law at Emory. The question she intended to answer was simple. What amount in damages must a medical malpractice … Read more

Physicians are permitted to prescribe drugs off-label. By off-label, I really mean “silent label.” Silent label implies the manufacturer has not received FA approval to market the drug as safe and effective for treating the off-label condition.   An example: some antibiotics have been approved … Read more

Doctors frequently sign non-compete agreements. And every state treats them differently. In California, for example, most are unenforceable. In North Carolina, on the other hand, if the agreement is not unduly restrictive, it is upheld.   As doctors sells their practices to healthcare systems, this … Read more

Here’s one doctor not afraid of the future of healthcare in the U.S. Meet rheumatologist Dr. Ephraim Engleman who will turn 102 in March. He said he has no plans on retiring. He drives from San Mateo to the campus of UCSF three days a … Read more