Medical Justice Blog

The FDA has been in the news lately. For those returning from two month news-free National Geographic vacation in Antarctica, a compounding pharmacy in Massachusetts was supplying vials of preservative free methyl-prednisolone for epidural injections and much more. Some of these vials were tainted with … Read more

By now it’s common knowledge that a compounding pharmacy in Massachusetts delivered tainted preservative free methyl-prednisolone to a number of hospitals / clinics. The taint was a fungus. And morbidity and mortality have climbed.   Why did doctors/ facilities even order from a compounding pharmacy? … Read more

Warren West’s pregnant wife died during an emergency delivery in Nevada in 2005. His daughter was born with severe brain damage. Attorney Chris Gellner filed a malpractice lawsuit. Another attorney, Dave Haley, served as guardian ad litem for the child. Here’s what they negotiated. A … Read more

by Dr. J.D. – a physician and plaintiff’s attorney, practicing in the Northeast It is sadly far from uncommon to hear physicians proudly stating that they withheld knowledge of malpractice by someone else from a patient because, well, that patient might sue.   That the … Read more

by Dr. J.D. – a physician and plaintiff’s attorney, practicing in the Northeast   In Part 1, we discussed that one of the most aggravating issues in the daily life of a medical practice is the request for records by non-physicians. To recap, patients are … Read more

by Dr. J.D. – a physician and plaintiff’s attorney, practicing in the Northeast   One of the most aggravating issues in the daily life of a medical practice is the request for records by non-physicians. Patients are vociferously certain of what they presume their rights … Read more

by Dr. J.D. – a physician and plaintiff’s attorney, practicing in the Northeast There is a lot of good that comes from EHR. Electronic records allow an unprecedented capacity for continuity of care. Tele-medicine permits consults not just across the country but across the world. … Read more

How many people actually have an advance directive – a living will? Many patients don’t think about it until they become ill. Sometimes, they never get around to expressing their wishes. And the default assumption is often that aggressive care should be offered. I recently … Read more

by “Dr. J.D.” – a physician and plaintiff’s attorney, practicing in the Northeast The point at which the physician-patient relationship forms is fundamental to all medicolegal liability. It is the point at which the physician’s duties to treat the patient according to the standard of … Read more