Should You Have a Pre-Nup?

We continue with our series of general educational 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 … Read more

Patients to Be Dinged by Insurance If ER Visit Not Emergent

Anthem rolled out a new policy holding patients directly responsible for the ER bill if it is later deemed non-emergent. And who will decide whether the visit was emergent or not? You guessed right. Anthem’s policy is in place in Georgia, Kentucky, and Missouri. Next up is Indiana. Anthem just sent notice to enrollees in … Read more

Iowa Board of Medicine Makes Love an Actionable Offense.

Perhaps the headline should read “Iowa Board of Medicine Makes Making Love an Actionable Offense.” Boards of Medicine generally take action if a physician inappropriately propositions a patient for sex. Some boundary issues are obvious. If a psychiatrist is in the middle of an active treatment plan with a patient, it is unlikely a sexual relationship between the two will … Read more

Dodging a Bullet. Occupational Hazards of Healthcare.

If you practice in an operating room, sooner or later you will get stuck with a needle. We all try to follow best practices. But, when you have sharp tools, on occasion, the unfortunate does happen. Last year, an ophthalmologist in Oregon relayed this tale. He had used a syringe and needle to aspirate and … Read more

Should a Doctor Change His Name? Witness Protection Lite.

Doctors occasionally change their name. They get married. They get divorced. Some keep their name. Some change their name. It happens all the time. But, that is a deliberate choice. Are there times doctors might want to change their name – against their will? Huh? Not too long ago, a dentist went to Africa as … Read more

Plaintiff Receives Nine Figure Personal Injury Settlement. Oh My.

In Illinois, a jury awarded a plaintiff $148 million. The state’s previous record was a $47 million medical malpractice settlement in 2017. The defendant, the Chicago Department of Aviation, was able to negotiate the verdict down to $115M. Whew. The plaintiff accepted to avoid the risk of an appeal… Now, about the case. The plaintiff … Read more

Informed Consent? Sure. We’ve Got All the Time in the World…

It’s a long standing medico-legal principle that before a patient undergoes a non-emergent procedure, he must understand the risks, benefits, and options, and provide consent. This is informed consent. It’s also a long standing medico-legal principle that informed consent is more than a signature on a piece of paper. It’s a process. Done right, the … Read more

Close up of woman with blue camera phone

Urgent Client Alert: Yelp Forced to Disclose Identities of People Alleged as Posting Fake Reviews

The litany of complaints doctors have compiled against Yelp is long. Frustration is based on (a) filtering of reviews – many of which are positive; (b) the perception (right or wrong) that refusal to purchase advertising on Yelp leads to score manipulation; and (c) Yelp appears to “prioritize” reviews of those who post frequently (“Yelpers”) and is perceived to be a non- level playing field.

Hadeed Carpet Cleaning, Inc. had had enough.

He noticed 7 anonymous reviews on Yelp which slammed his business. He asked Yelp to help identify who wrote these reviews, because, after checking his database, he could find no record the negative reviewers were Hadeed’s customers. Yelp fought the subpoena.  Hadeed moved to hold Yelp in contempt of court. The circuit court agreed with Hadeed and imposed monetary sanctions and awarded attorney’s fees. Yelp appealed.

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A Tale of Woe. A Bad Asset Protection Plan.

Doctors are at risk for being sued. They are targets for litigation. Sure, insurance provides a defense. But, it doesn’t take much imagination to see how a judgment can exceed policy limits. And the risks go beyond professional liability. How about a car accident? Slip and fall at your house? Worker on your roof falls … Read more

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