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.

Survey says

“The social life of health information is robust. The online conversation about health is being driven forward by two forces; one, the availability of social tools and; two, the motivation especially among people living with chronic conditions to connect with each other.”
Medical Justice

Your collection agency might hurt your medical malpractice defense

Michael J. Sacopulos, Esq. Several months ago the South Carolina Appellate Court issued a scary opinion (Burke V. AnMed Health). A standard medical malpractice case had come before a trial court in South Carolina. Prior to trial, the defense attorney asked that prospective jurors who … Read more
Medical Justice

“Unique” New Medical Malpractice Claims

Michael J. Sacopulos, Esq. As the general counsel for Medical Justice, I see a number of bizarre and unfair medical malpractice claims. However, recently I have read several claims that were so odd as to attract my attention. The first involves a surgical patient at … Read more
Medical Justice

Pay-Per-Call Marketing; Twenty First Century Marketing Programs Impeded by Twentieth Century Rules

OFPSA 2011, Fall By: Jeffrey Segal, MD, JD, FACS, et al. and Michael Sacopulos, JD Download 2011_08_OFPSA_Magazine_SegalSacopulos.pdf
Medical Justice

Mistakes in Studies Surge – Lawsuits Sure to Follow

Jeff Segal, MD, JD, FACS The Wall Street Journal recently reported on the growing number of scientific papers that are being retracted due to mistakes. In the article Mistakes in Scientific Studies Surge, the Journal reports that since 2001, while the number of papers published … Read more
Medical Justice

We Told You So….

Jeff Segal, MD, JD, FACS We have written recently about social networking group discount programs – like Groupon. We cautioned that such programs might be deemed fee-splitting; a practice prohibited by federal law, state law, and licensing bodies. We now have some additional data points … Read more
Medical Justice

Tort Reform for Medical Malpractice System, Another Study Needed?

Michael Kirsch, M.D. – author, MD Whistleblower Medical malpractice reform is in the news again. Of course, for the medical profession, the medical malpractice system is the wound that simply will not heal. For the plaintiffs bar, in contrast, the medical liability system is the … Read more
Medical Justice

Texas Enacts a New Patient Privacy Law that is More Stringent than HIPAA

Michael J. Sacopulos, Esq. Recently, Texas House Bill 300 was signed into law by Texas Governor Rick Perry. The new law, which will become effective on September 1, 2012, expands privacy rights of patients beyond those contained in the HIPAA privacy standards. The law was … Read more
Medical Justice

NEJM: The Numbers Are In: Doctors Are Sued A Lot

Jeff Segal, MD, JD, FACS Imagine telling your patient the success rate of a surgical procedure you were planning was 20%. year after year. Most patients would hit the door. Unless the only other option – doing nothing – was far worse. That’s precisely the … Read more
Medical Justice

Affidavits of Merit, Are They Worthless?

Jeff Segal, MD, JD, FACS Affidavits of merit, are they worthless? Probably. Ohio provides but one example of how well intended legislation can be diluted by judges. Ohio introduced tort reforms in 2005. Among the reforms, plaintiffs were now required to prove they had done … Read more
Medical Justice