If You Could Change Just One Thing About Healthcare: Tort Reform

If you could change just one thing about healthcare in the United States, what would it be? The issue of healthcare reform is certainly far from resolved. Access to care is about to be an even greater task to tackle. The rising cost of healthcare springs eternal. Tort reform is certainly high on the list.

It’s likely many objective opinions would choose Tort Reform. The reason is simple enough: tort reform affects more aspects of healthcare than anything else. Let’s take a look at the various aspects tangent to Tort Reform, and how real reform would significantly impact those areas.

The most obvious is the cost of medical malpractice insurance. If there were caps in place, insurance carriers would assume lower liabilities, so they could charge less. But this has a ripple effect. When doctors don’t pay as much for insurance, they don’t need to charge the patient as much for care. That results in lower health insurance premiums, too.

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Can Doctors Be Fined for Buying Online Reviews?

So – is it against the law to pay patients for online reviews? The short answer… Yes. The more nuanced longer version… Giving anything of value for reviews without disclosing the gift can be considered false and deceptive advertising by the Federal Trade Commission (FTC). It does not matter if it is $1, an Amazon … Read more

Case Study 3 – Diminishing Returns

DEFENDANT A physician in Florida was sued for a missed diagnosis. He was not a member of Medical Justice at the time he was sued. PLAINTIFF’S EXPERT Early in the case, testimony from the plaintiff’s expert suggested a strong case of obvious negligence and plaintiff’s counsel placed an initial value on the case of $300,000. … Read more

Case Study 1 – Smoking Gun

DEFENDANT The defendant in this case is a plan member and a spine surgeon who was sued for issues related to placement of spinal instrumentation for a cervical fracture. The patient had no neurological deficits and the instrumentation was placed according to the manufacturer’s instructions. PLAINTIFF’S EXPERT CASE OUTCOME The medical malpractice case was dismissed … Read more

Case Study 2 – Unqualified Opinion, Anyone?

DEFENDANT Eleven physicians and a hospital were sued individually for care rendered to a patient with acute fulminant pancreatitis. This medical malpractice case had been terminated prior to purchase of Medical Justice membership. PLAINTIFF’S EXPERT The expert hired to testify in this medical malpractice case was a neurologist. However, pancreatitis is a condition that is … Read more

Case Study 4 – Beware of Dog

DEFENDANT The defendant was a general surgeon who was not a plan member at the time the medical malpractice suit was filed. He presented to Medical Justice with an open case. This physician was being sued for failure to “fish out” a small gallstone that had dropped during a laparoscopic cholecystectomy. The allegation was that … Read more

America’s Leading Voice on COVID Speaks from the Frontline.

Before we begin, a brief reminder: Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief) and meritless litigation. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, request a consultation. Dr. Roger Seheult is arguably America’s … Read more

Bikinis and Unprofessionalism

Before we begin, a brief reminder: Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief) and meritless litigation. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, request a consultation. Tired of COVID-19? Me too. … Read more

Dental Practice Fined $10k for Improperly Responding to Online Reviews

Elite Dental Associates, a Dallas dental practice, just wrote a check for $10,000 to the Office of Civil Rights (OCR) for Dept. Health and Human Services. The reason. A HIPAA violation. What “egregious” act did the practice commit? Responding to negative reviews on Yelp. OCR’s investigation found that the dental practice had impermissibly disclosed the … Read more

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