“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
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
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
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
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
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
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
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
Majority of Lawsuits Against Doctors Dismissed; But Not Quickly
Jeff Segal, MD, JD, FACS An article in the July issue of Health Affairs detailed the natural history of malpractice claims in Massachusetts. Approximately 60% of these claims were abandoned by the plaintiff. But, this news came slowly to the doctor – who waited an … Read more
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