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 Attorney: Avoiding Liability for Abandonment

by Dr. J.D. Abandonment occurs when a doctor cuts off the physician-patient relationship while the patient still actively needs care, and does so without adequate notice to allow the patient to get care elsewhere. It can be the basis for a complaint to the state … Read more
Medical Justice

Some State Medical Board Rules Are Idiotic…

I saw a recent post by a psychiatrist who treats patients for addiction problems. From time to time, his patients, like all patients, travel from one state to another. They may call him and ask for advice – or a prescription refill. The psychiatrist wondered … Read more
Medical Justice

What Are “Reviews from Around the Web”?

A couple of years ago, Google featured what it called “Reviews from Around the Web” on business pages. Google actively scanned a handful of major reviews sites for businesses that matched Google’s listings, and displayed those reviews on Google’s pages. So while a business might … Read more
Medical Justice

Truth Meter: Can a Reputation Company Really Remove Negative Posts?

Spoiler Alert: No. They can’t. Now that we’ve got that out of the way, read on if you want to understand the not-so-subtle differences that separate the professional reputation management services from the scammers. Anyone who can configure Google Alerts is starting their own reputation … Read more
Medical Justice

No Good Deed Goes Unpunished. Test Your Knowledge on Controlled Substance Laws.

Let’s test your knowledge of prescribing controlled substances.   A specialist practicing on the west coast makes frequent visits to her country of origin – Brazil[1]. During such visits, she often performs charity work, diagnosing and treating patients. She keeps records of the visits.   … Read more
Medical Justice

Court Eviscerates Law that Expert Witnesses Must Be Same Specialty as Defendant

What comes to your mind when a legislature says that expert witnesses must be in the same or related specialty as the defendant? Seems straightforward. If an orthopaedic surgeon is being sued, an orthopaedic surgeon is the proper specialty to testify about the standard of … Read more
Medical Justice

Sex To Die For: The Unsavory Medical Malpractice Claim of the Estate of William Martinez

by Michael J. Sacopulos A Lawrenceville, Georgia jury earlier this month awarded $3 million dollars to the Estate of William Martinez. Mr. Martinez was 31-years old in 2009, when he entered his cardiologist office. There he complained of chest pain that radiated into his arm. … Read more
Medical Justice

The New Google + Local: Healthcare Not Invited to Participate

Google’s made big changes recently. Google Maps and Google Places are being replaced by Google + Local. While Google + Local will likely advance the review system for many industries, doctors’ Google reviews, however, will just as likely grind to a halt. Unless Google recognizes … Read more
Medical Justice

The Emotionally Labile Client; Duties – When A Client Threatens Violence

What happens when a client – a defendant – threatens violence? The pressure of litigation can push a defendant over the edge. Even professionals, who are calm under pressure, lose their cool. Once an attorney believes his client might embrace violence as a means to an end, what obligations, if any, are triggered? And is the attorney liable for his client’s violence?

Imagine this scenario: A seasoned medical malpractice plaintiff’s attorney accepts a client presenting with a marginal professional liability case. This attorney generally screens cases carefully. This case is attractive because he calculates significant damages. His enthusiasm is tempered by paltry evidence of a breach of standard of care or causation. On balance, it’s a weak case. The plaintiff’s expert has shaky credentials, but is ready make the case for liability.
The Emotionally Labile Client; Duties – When A Client Threatens Violence

Notes from a Medical Malpractice Plaintiff Attorney: Doing a Great Deposition

by “Dr. J.D.”, a physician and plaintiff’s attorney practicing in the Northeast Your deposition is your best chance to lose your case before it has hardly even started. That is because it is actually a job interview. Both the plaintiff’s attorney and your own attorney … Read more
Medical Justice