Jeffrey Segal, MD, JD - Medical Justice

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

September 4, 2024August 1, 2020 by Jeffrey Segal, MD, JD

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

5 More Golden Rules Doctors Should Follow When Responding to Patient Reviews

September 4, 2024August 1, 2020 by Jeffrey Segal, MD, JD

In February, we published two articles related to patient reviews. One piece was published online. The second was made available for download. Both remain available, and we encourage our readers to study them. Considering the overwhelmingly positive reception both pieces received, we decided to return to the topic and discuss five more golden rules physicians should follow when responding … Read more

E.R. Doc Sued After Dousing Patient’s Laceration with Pesticide. Who’s to Blame?

August 15, 2024July 30, 2020 by Jeffrey Segal, MD, JD

A patient was rushed to the E.R. after a lawnmower lacerated his forearm. Sitting on the counter was a product called CaviCide. What’s CaviCide? An industrial strength pesticide. Absolutely not for human use. Which, of course, is precisely why the attending physician and his nurse sprayed it repeatedly into the patient’s gaping wound. How did this happen? … Read more

The Enemy of Good is Better. The Case for $1 a Day SARS-CoV-2 Testing.

August 15, 2024July 21, 2020 by Jeffrey Segal, MD, JD

consultations specific to COVID-19 operational procedures, staff training, patient consent, and more. here to learn how our expert counsel can help your practice stay out of the medico-legal crosshairs. With that said, onward to the piece. There are two things I don’t understand. In TSA airport lines, what is the security benefit of spending 5 minutes … Read more

Medical provider securing mask and medical gear before getting to work on a patient

HCR: A Silver Lining Is Still Only Found in a Storm

September 17, 2024July 20, 2020 by Jeffrey Segal, MD, JD

It’s said that every cloud has a silver lining. The “reform” of health care is a far cry from the tort reform this country so desperately needs, but there is an up-side. Abusive insurance company practices are about to come to a grinding halt. In this one sense, the practice of medicine will return to its rightful place, between the doctor and the patient.

A good part of what precipitated the health care reform bill was just such abuses. People who were canceled for pre-existing conditions — even when those conditions didn’t represent a major cost to the health insurance company — finally have retribution. Starting in September, rescissions will no longer be allowed, except in the case of fraud. And if an insurer wants to claim fraud, it must provide the affected customer at least 30 days’ notice for time to appeal.

Cutting Your Losses. Staged Procedures and Patients from Hell.

August 15, 2024July 13, 2020 by Jeffrey Segal, MD, JD

Not all patients love you. Or some love you today; not so much tomorrow. In most elective situations, you do not have to accept an ogre into your practice. There are exceptions to that rule. For example, if you are on the call schedule and contractually agree to see all patients referred to you by … Read more

Two medical professionals talking to a lawyer

Medical Justice Offers Free Memberships For New Doctors

September 17, 2024July 7, 2020 by Jeffrey Segal, MD, JD

Few times are harder on a physician than the beginnings. Medical Residency is hell, med school is full of fears of not making the grade, and all the loans to repay prey on one’s mind. Medical Justice would like to make those years a bit less stressful. We’re offering complimentary annual memberships to all medical students, residents and fellows. That’s correct, young doctors, absolutely free, through 3 months past your completion date. During that time, you’ll enjoy all the benefits of a Medical Justice membership gratis, our welcome gift to you.

Medical Justice knows how important it is to establish strong, safe practices. A membership in Medical Justice is protection, but it’s also an education in how to protect yourself. A proactive approach against frivolous lawsuits, Internet defamation and unwarranted demands for refunds is foundational to a smooth-running successful practice.

Online Reputation Management for Doctors: A Prescription for Success Online and Off

August 15, 2024July 2, 2020 by Jeffrey Segal, MD, JD

In the past, reputation management meant doing your job well and avoiding controversies. Take care of your patients. Participate in your community. Don’t kick puppies. Then the internet emerged, and the public received the power to praise and condemn doctors online anonymously. Many doctors perceive the online world as a two-edged blade. Case in point: … Read more

To Mask or Not to Mask. That is the Question.

August 15, 2024July 2, 2020 by Jeffrey Segal, MD, JD

For decades, surgeons have performed elaborate rituals to minimize risk of infection to patients. We wash our hands. Don gloves and gowns. Cover our hair. Avoid reaching over our heads or below our waist (except to adjust the light – yes, I know, the rituals are imperfect). It’s a familiar exercise. And it works. Surgical … Read more

Notes from a Plaintiff’s Attorney: Avoiding Liability in “Casual Care”

August 15, 2024July 1, 2020 by Jeffrey Segal, MD, JD

By Dr. JD, a plaintiff’s attorney, practicing in the Northeast

We continue our series of articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant. Please give us your feedback – and let us know if you find the series helpful.

You are relaxing at your town’s July 4^th barbecue, waiting for the fireworks. As you doze in your lawn chair, your neighbor taps you on the shoulder. “Doc, can I show you a spot on my arm that’s got me a little worried?” he asks.

You are at the PTA bake sale. The class dad next to you leans over and whispers, “Can I ask a favor? I was laid off and I can’t afford to go to the doctor just to get my Nexium prescription renewed. I feel like there’s lump in my stomach with all this stress. Could you just write me a prescription to tide me over?”

You are at your family reunion. Your cousin pulls you aside and takes out a copy of her lab report from an executive health service. She points to where elevated liver enzymes have been flagged. “What does this mean?” she asks.

You have been asked to offer a diagnosis, to prescribe and to evaluate clinical findings, all by people who are not your patients but are connected to you as friend or family, a setting usually referred to as “casual care”.

What do you do?

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