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

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

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?

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

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

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.

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