A Contingency Plan for Taking a Case on Contingency

Plaintiff’s attorneys frequently argue there is no way a seasoned attorney would take a meritless med mal case. They note that taking such cases to trial to case is expensive. They take such cases on contingency. If they lose, they lose big. And they would be the party bearing the out-of-pocket risk. Now, the market … Read more

Piling On…

A driver injured a boy riding a scooter. The boy suffered significant head injury. The boy sued the driver. While the driver believed that some of the injuries were caused by medical negligence – after the accident – the court precluded the driver from presenting such evidence. There was only one defendant in this case, … Read more

Can You Patent a Medical Procedure? Well, Yes and No. 

In the mid-1990s, Dr. Samuel Pallin patented a type of stitch-less cataract surgery procedure. He attempted to license the patent to other ophthalmologists. One such surgeon was Dr. Jack Singer. Singer not only refused the demand for royalties, but started a broad political movement against medical procedure patents. Singer argued he actually devised the procedure before Pallin’s patent was filed. Pallin said he was not interested in the money, but recognition. Pallin had … Read more

Jail Time for Using the Wrong Pronoun

Most physicians defer to patients’ wishes as to how they want to be called. It’s a sign of deferential respect. If there’s a 40-year age discrepancy between a young treating physician and an elderly Medicare patient, the senior likely doesn’t want to be called Pops.   There’s a brewing brouhaha in California related to Senate Bill 219 which … Read more

Medical School for Free

NYU Medical School recently announced it will waive tuition for all medical students, now and going forward. NYU has raised $450M of the needed $600M to fund this gift in perpetuity. Kenneth Langone (one of the Home Depot founders) and his wife donated $100M.   One reason NYU made this commitment was because many medical students are saddled with crushing … Read more

Why Doctors Don’t Like to Retire

Guest Blog Post by David Mokotoff, MD The past decade has seen an enormous upheaval in the practice of medicine. The private independent medical practice is in danger of extinction. Management overhead and red tape has skyrocketed due to government regulations and private insurance and pharmaceutical benefit rules. Added to that are multiple electronic medical … Read more

Crap, It’s Always Something

Sometimes the little things matter just as much as the big ones. They can create downstream problems that were never anticipated.   We recently heard from a surgeon in Ohio. He was performing an office-based procedure. An employee was looking for the doctor. She quickly opened the door to the room where the surgeon was working. … Read more

Man Bites Dog. Doctor Sues Attorney and Wins $8M in Jury Verdict for Malicious Prosecution.

One Arizona doctor had a good ending to a horrible odyssey. The urologist, Dr. Trabucco, was sued by an attorney for medical malpractice. Actually, this attorney did not really argue run-of-the-mill professional negligence. He argued the doctor “committed willful and malicious actions upon [the Plaintiff], eventually resulting in the [Plaintiff’s] death.” Underlying the claim was … Read more

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