Michael Arnstein ran a gemstone and jewelry business in Manhattan. He was irked by a number of negative online reviews. So, what did he do? He fired up Photoshop. Between 2014 and 2017, Arnstein forged over ten court orders that he submitted to Google to de-index pages with unsavory comments of his business. He actually succeeded early on with what was a bona fide court … Read more
Most patients are happy with their choice of doctor. They appreciate the job their doctors do. There’s a mutual respect. If only that were the case with all patients. I spoke with one surgeon last week. He admitted if he had known how difficult one patient would have been, he would have prevented her from scheduling an appointment. In fact, … Read more
A colleague, Robert Yoho, M.D., is writing a book about the practice of medicine. It included reflections on medical errors. I am sharing with his permission verbatim. I had drinks with a sixty-year-old attorney who said he had never made a mistake with a client. I tried to be polite for a few minutes and asked … Read more
Dr. Kenneth Woliner is a physician in Florida. The Board of Medicine revoked his license. The Board used a surreptitious tape recording from a family member to render its judgment. The 11th Circuit Appellate Court just ruled against the Board– opining “not so fast.” Dr. Woliner treated a young woman with Stage 3 Hodgkin’s lymphoma. She passed away from her illness. … Read more
On this episode of the Medical Liability Minute, Medical Justice Founder and CEO, Jeff Segal, MD, JD, and Medical Justice General Counsel, Michael Sacopulos, JD, discuss medico-legal liability and sexual harassment. It is critical doctors take steps to protect their staff, their patients, and themselves from sexual harassment. These cases often rear their heads without … Read more
Let me start with the regulatory status of CBD (right, not fish oil). CBD, the non-psychoactive ingredient of marijuana or industrial hemp, which supposedly treats everything under the sun now. Putting aside any claims of efficacy, what is its regulatory status? The 2018 Farm Bill removed cannabis with extremely low concentrations of THC from the definition … Read more
In the US, we have never had so many college graduates. Presumably, they can read. And I get that consent forms used by physicians and hospitals need to be readable for all patients. So, a recent study grabbed my attention. The key finding: In this nationwide survey study and readability analysis, only 9 (8%) of 113 cancer radiotherapy clinical … Read more
Normally, when a doctor is subjected to peer review over safety concerns, it is a cage fight. If the doctor loses, his career will be on life support. His reputation damaged. Reports made to licensing boards and National Practitioner Data Bank. He will wander in the desert for 40 years. Dr. Miguel Gomez never received … Read more
Key points in this blog… In the event a doctor must settle a malpractice case, how can he keep his name off the National Practitioner Data Bank? In the event of a runaway verdict, how can a doctor protect his most important assets? When purchasing a malpractice insurance policy, why are consent to settle clauses so … Read more
In 2003, a patient had liver transplant surgery at UPMC, a Pittsburgh based healthcare system. In a recent 4 to 3 decision, the Pennsylvania Supreme Court decided to throw out the state law barring medical malpractice lawsuits after 7 years. The case lives on. A little history and background. In 2002, the Pennsylvania legislature, … Read more
