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





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





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





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





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