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

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”

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 4th 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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How to Overcome an Attorney Out for Blood

The Challenge: An unhappy ex-patient (who happens to be an attorney) threatened legal action against a surgeon. This ex-patient attempted to coerce other patients into posting inciting reviews on Yelp. The review not only promised legal action but solicited others to participate. The Remedy: Due to the advanced age of the content, eMerit communication specialists … Read more

Zero to Hero

The Challenge: Ever see those employment listings for an entry-level position that requires “2 years of experience?”  How can you get a job that requires experience when you don’t have any? What about qualifying for a home or auto loan with little to no credit history?  Building a reputation from the ground up can be … Read more

When Strangers Use Your Images Without Permission

The Challenge: A client (an OBGYN) recently married and published photographs of the event on Facebook. In the months following the publication of these photographs, an image of the event was used in a blog without the client’s permission. The story, published by GeekyCamel.com, focuses on a feud that erupted between a bride and her … Read more

Upset male doctor on a computer in the office

How to ID Fake Reviews – and Remove Them

The Challenge: A client (an aesthetic surgeon) received a negative review from a “person” calling herself “Natalie Guzman.” Guzman accused our client of charging an unreasonable amount of money for a facelift. The negative review was published on our client’s Google business listing. Our client produced evidence “Natalie Guzman” was not her patient. The Remedy: … Read more

Personality Profile and Specialty Choice

I’ve often wondered whether medical students are attracted to a particular specialty because of their personality type; or whether their personality adjusts and evolves based on their specialty choice. The answer is it’s probably a bit of both. One academic medical school website delved a little deeper into the question. They noted that surgeons, for … Read more

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