Jeffrey Segal, MD, JD

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

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

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

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

By now, doctors have been trained to think about the ramifications of patient privacy before taking action. We make sure that first name and last initial are on the operating room scheduling board. On hospital room doors – same thing. We ask for authorization before posting a patient’s picture on social media. It has not … Read more

Let’s start at the end. You kind of know how this ends. Dr. Simon Bramhall, a liver transplant surgeon in the UK, pleaded guilty to two counts of assault by beating. He pleaded not guilty to the more serious charge of assault occasioning actual bodily harm. Prosecutors accepted his plea and he is scheduled for … Read more

“Julie’s Law” is a Wisconsin bill named in honor of Julie Ayer. The patient had breast augmentation surgery in 2003. Sadly, the patient flatlined during the procedure. CPR was initiated, but too late. The patient was transported back to Wisconsin where she died three months later.   According to the patient’s brother:  “The doctor had no license in anesthesia. … Read more

A recent report in the New England Journal of Medicine highlighted a case of a patient who presented to the Emergency Department, unconscious, with a Do Not Resuscitate tattoo sprawled across his chest. The 70 year old man was quite ill on arrival. His blood alcohol level was high. He had COPD, diabetes, and atrial fibrillation. In the … Read more

Dr. Reinaldo de los Heros was practicing as a psychiatrist in Maine.   On October 10, 2017, the Board of Medicine suspended his license for 30 days. (He had multiple interactions with multiple Boards of Medicine throughout the years. For example, in 1999, he pleaded guilty in Massachusetts for Medicaid fraud and grand larceny.)  On August 31, Dr. de los Heros was evaluating … Read more