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.

A Lawsuit Proceeds: Patient Had No Physical Injury

The Supreme Court of Pennsylvania opened the door to allowing patients to sue for negligent infliction of emotional distress. No physical injury needs to accompany the claim. Here’s the background. In March, 2003 (yes, 9 years ago), Jeanelle Toney was pregnant and had a pelvic … Read more
Medical Justice

When Doctors Sue Patients – Defamation Is Devastating, but a Lawsuit Could Make It Worse

Florida Medical MagazineBy: Jeffrey Segal, MD, JD, FACS, et al. Before we dive in, some fast advice. Suing a patient for defamation is challenging. It will likely propel you and your practice into the spotlight – and not in a good way. If you are … Read more
Medical Justice

An Interesting Legal Case – You Can’t Make This Stuff Up

Jeff Segal, MD, JD, FACS Kyle Richards, 21, an inmate in a Michigan jail, sued the governor and the state over his lack of access to porn. Really. Who is Kyle Richards? He entered a guilty plea to bank robbery. Now, he claims he is … Read more
Medical Justice

Massive Judgment Against Florida HCA Hospital

Michael J. Sacopulos, Esq. A jury in Jacksonville, Florida entered a $178 million judgment against physicians and an HCA owned hospital for a gastric bypass procedure that went horribly awry. In 2007 following laparoscopic gastric bypass surgery, the patient, Clay Chandler, suffered respiratory failure and … Read more
Medical Justice

Blood Pressure Cuff Gone Wild. Doctor Sued for Battery

Jeff Segal, MD, JD, FACS Have you ever had a patient who, in the middle of a procedure, said “Please stop. It hurts.” Never? Almost every doctor has heard these words once. One doctor apparently did not heed these words quickly enough. He was sued … Read more
Medical Justice

Top Ten Frivolous Lawsuits for 2011

The US Chamber of Commerce memorialized 2011 with its list of Top 10 Frivolous Lawsuits.
Medical Justice

Social Media’s Impact on Litigation

The social media revolution has inflamed other aspects of the trial process. Attorneys now devote effort to reviewing the other party’s social media use. Information that you post for friends or colleagues may well end up as a piece of evidence in a trial. Social media sites have become a new frontier for lawyers to explore in litigation so be careful what you post.
Medical Justice

A New Threat: Patient Predatory Lending Claims

Michael J. Sacopulos, Esq. An doctor was sued several weeks ago for her use of a healthcare financing company. The suit was brought as a class action and is based upon consumer fraud laws. The allegations center around the way the credit application was presented … Read more
Medical Justice

Lawyers and Medical Malpractice Reform: Tort Reform Allies for Doctors?

Michael Kirsch, M.D. – author, MD Whistleblower When lawyers talk, I listen. Two attorneys penned a piece on medical malpractice reform in the April 21st issue of The New England Journal of Medicine, the most prestigious medical journal on the planet. Here is an excerpt … Read more
Medical Justice

Recent Facebook Litigation

Michael J. Sacopulos, Esq. There have been several recent cases involving Facebook that have been released. These cases continue to show how social media has permeated our society. They also show a darker side of social media. Although not directly related to the health care … Read more
Medical Justice