Necessary Action or Elder Abuse?

This story caught my attention. I have mixed feelings. Dr. Anna Konopka is a general practitioner in New London, New Hampshire. Ever heard of it? Neither had I. 4,000 people live there. Not a big community. Dr. Konopka graduated from medical school in Poland in 1960. She moved to the U.S. soon thereafter and she … Read more

The Migration from Third Party Insurance to Accepting Risk 

This is not a story of medical practices becoming insurance-free.  This year, a number of friends and colleagues explained they received a note from their long time health insurer. These were all people insured on the individual market. Their insurance plans were “grandfathered” so they did not have to purchase a policy on the exchange. … Read more

Who Bears the Risk for Medical Decisions About Pacemakers at Risk of Being Hacked?

Thirty years ago, no one would have thought of this scenario. Hacking into a pacemaker to cause harm. Abbott Laboratories release a software path (firmware update) in late August to reduce the risk that someone with malicious intent could gain unauthorized access to a patient’s pacemaker. The update was issued after an outside security firm … Read more

Divorce Is Politics by Other Means 

Carl von Clausewitz was a Prussian general and military theorist who famously said: “War is a mere continuation of politics by other means,” (“Der Krieg ist eine bloße Fortsetzung der Politik mit anderen Mitteln”). I leave the full parsing of its meaning to other military strategists. But, the quote serves as a useful segue to discuss how divorced parents sometimes use the medico-legal playing field to continue their battles.  … Read more

Cease and Desist

If you’re a surgeon, I have little doubt you have done a stellar job in selecting your patients. You’ve never made a mistake. Never looked back and wondered “What was I thinking?” Never overruled your staff when they detected “red flags.” Never talked yourself into accepting a patient for the operating room when you’ve had … Read more

WTF is MACRA?

I’ve had it with acronyms.  SGR [Sustainable Growth Rate] was replaced by MACRA [Medicare Access and CHIP Reauthorization Act] which allows physicians to choose between two Medicare payment programs: (a) MIPS [Merit-Based Incentive Payment System; and (b) APMs [Alternative Payment Models].   According to CMS [Center for Medicare and Medicaid Services], these changes create a QPP … Read more

Legal Issues in Physician Advertising

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

Physicians Who Perform Surgery on Themselves

I know many surgeons who received a laceration of their torso or leg. They went into their office, pulled out some Lidocaine, and went to work. Sutures placed. Bandage on top. Back to the picnic.  Now for the curious case of Leonid Rogozov. Don’t read further yet. Props to any trivia buffs who can identify his … Read more

Why are so many neurosurgeons in – or potentially headed to – jail?

It’s been an active year for neurosurgeons and the criminal justice system.  Dr. Christopher Duntsch was sentenced to life in prison for knowingly and recklessly injuring patients. Thirty two patients were involved. Two were killed. Two were paralyzed. Duntsch’s attorneys argued he was not a criminal; just a bad surgeon. Admitted into evidence was an email he sent his … Read more

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