Two hands in suits exchanging money

What does Stormy Daniels’ attorney, Michael Avenatti, have in common with a Maryland med mal attorney?

Remember Stormy Daniels?  This post is not about her, but her attorney, Michael Avenatti. And a case he propelled against Nike. He is incarcerated for felony fraud and extortion. There’s a fine line between aggressive demand letters and extortion.   In [the] federal court complaint filed in the Southern District of New York, the government accuse[d] … Read more

Physician taking a PEth test

PEth Testing: Reliable Test, or Tool of Abuse in Screening for Alcohol Use Disorder?

Physicians are humans. Like humans, some subset of the doctor population drinks to excess, impairing function. Most doctors who drink alcohol are not in this subset. They drank sparingly, in moderation, and/or socially.   If function is impaired, then arguably patients are put at risk. So, hospitals, healthcare organizations, and licensing boards have a legitimate interest … Read more

Male prisoner in orange jumpsuit reviewing healthcare paperwork with lawyers

What Type of Care is Mandated for Those Imprisoned?

America locks up a lot of people. Approximately 2 million people are incarcerated. Also, many people have interactions with law enforcement, and they may be arrested and placed in jail pending trial.   These people also get sick.  What type of care are these individuals entitled to?  I was made aware of this issue during a … Read more

Pregnant woman sleeping in hospital

Living Wills and Pregnant Patients: How Are They Treated?

Living wills (advance directives) help physicians navigate thorny healthcare decisions – particularly with respect to how much care is desired. And delivered.  A “living will” (LST) is a legal document that outlines a person’s preferences for medical treatment in the event they become incapacitated and unable to communicate their wishes, detailing which life-sustaining treatments they want … Read more

Male doctor holding his two children

Prescribing for Yourself, Prescribing for Your Family: A Medico-Legal Thicket

The North Carolina Medical Board just proposed a revision to its current policy on self-treatment and prescribing to family members. It does not look dramatically different from prior policy statements. The updated policy draft was posted for comments (below). Not surprisingly, our colleagues have strong opinions.   One commenter wrote:  “This is my position that physicians … Read more

Judge looking at a document before making a decision

Court Rebukes HHS, Ruling it Over-Reached with HIPAA and New Edicts on Tracking Technology

The Department of Health and Human Services (HHS) issued a guidance document called Online Tracking Bulletin. It then revised that document. The AHA, joined by the Texas Hospital Association, Texas Health Resources, and United Regional Health Care System, sued in November 2023 arguing that HHS over-reached and that the bulletin was unlawful.  This was not … Read more

Latest Posts from Our Blog