Close up of gavel in court room

Father Banned From Delivery Room: Citing Privacy Concerns

A New Jersey judge ruled that pregnant women are entitled to strong privacy protections. If they want the father banned from the delivery room, so be it. The judge wrote: “Any interest a father has before the child’s birth is subordinate to the mother’s interests,”…. “Even when there is no doubt that a father has … Read more

Physicians and Gallows Humor. Is It Unprofessional?

Comedy is when you fall through an open manhole.  Tragedy is when I fall through an open manhole.  It’s an old joke and a helpful segue to understanding dark humor in the medical community. Physicians see a lot of desperate and hopeless situations. We have to deliver bad news. Sometimes frequently.  Gallows humor is defined as grim and ironic humor in a desperate and … Read more

Defeating Internet Defamation: How Doctors Crush Lies Online

  Platforms like Google, Healthgrades, Vitals, and Yelp present the public with information. Information about their health, information about their potential physicians, and information about their local healthcare systems. These platforms exist to educate the public. Overall, they succeed.   Unfortunately, their popularity has increased the frequency physicians and dentists are defamed online. As is the … Read more

New Patient Comes in For Dental Exam. Surprise. He’s 450 Pounds. Is Americans with Disabilities Act Triggered?

We received a call from a dentist in the Midwest. A week earlier someone called for an appointment. He wanted a run of the mill check-up. First available appointment was Friday at 4PM. Just before closing. In the waiting room, the patient appeared morbidly obese. It was impossible to estimate accurately. But, the receptionist assumed … Read more

FDA and Drugs Used in Executing the Death Penalty

The FDA regulates drugs and devices to make sure they are safe and effective for their intended use. Its regulatory authority to achieve that goal is broad.  For years, the FDA took the position that it did not have authority to regulate drugs used for executions – or in the alternative – it had discretion to avoid … Read more

Man Bites Dog

If a dog bites a man, that is not newsworthy. When a man bites a dog, it makes news. A patient sues a doctor. Not newsworthy. Doctor sues a patient. That’s a headline. Dr. Leonard Hochstein, star of the reality TV series “The Real Housewives of Miami” is suing two patients, Nicole George and Kristen … Read more

A Good Deed Ends in Arrest

Casey Smitherman is superintendent of a small school district in the Midwest. The town, Elwood, Indiana, has 8,500 people and struggles with serious poverty. Many of its students do not have adequate resources.   Ms. Smitherman had helped a specific student in the past, buying clothes for him and helping clean his house.   This specific student failed to show up at school. Smitherman apparently did not … Read more

A “Serial Malpracticer”

I had never heard of the phrase “serial malpracticer.” It seems to apply to Dr. Spyros Panos, an orthopaedic surgeon who surrendered his medical license six years ago. An arbitrator awarded $140 million to resolve 255 medical malpractice lawsuits in New York. Dr. Panos refused consent to settle. His carrier, MLMIC, overrode him. It’s not clear that the carrier has (or … Read more

Male doctor talking to a man in a suit

A Spanking for an Internist Who Failed to Provide an Interpreter for Deaf Patient

One must have a great deal of patience to wade through the text of the American with Disabilities Act (“ADA”). In addition, different courts in the various federal circuits have arrived at conflicting interpretations. And a recent ADA case affecting physicians gives pause for thought. Here, a rheumatologist in New Jersey, Dr. Fogari was on the receiving end of a $400,000 verdict against him, including punitive damages. To add insult to injury, punitive damages are generally not covered by professional liability insurance. And, it is unclear the underlying ADA case itself was even covered.

The Situation

What happened? The court concluded Dr. Fogari’s transgression was failure to provide an interpreter for his deaf patient. Such an interpreter apparently costs ~$150 to $200 per visit. And Medicare only reimbursed ~$49 per visit. Apparently, Dr. Fogari communicated by exchanging written notes with the patient assisted by family members.

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