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
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
When a person is sick, they are stressed and anxious. No surprise. And it’s human nature to fill in the blanks with bad news. That’s why ambiguous information can be magnified into a worst case scenario. A close relative was being evaluated to a medical condition. He had some lab work done and was told … Read more
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
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
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
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
Do not conclude I am equating an attorney to a prostitute. I’m not. Jerene Dildene started working as an escort when a divorce and cutback in work hours (teaching Spanish in area pubic school) created financial hardship. Initially she searched Craigslist for part time work. She became a bikini model. On one modeling job, the … Read more
Dr. Kelly McMasters, a surgical oncologist, graciously allowed us to republish the commencement address he delivered to the University of Louisville School of Medicine Class of 2017. His words of wisdom resonated far beyond the typical platitudes pushed onto graduates. Further, his personal experience as a father of an ill child delivered unasked-for-insights that, when practiced, can … Read more
Two interesting cases are working their way through the system in Ohio. Robert Murdock was charged with murder in Ohio for not telling his mistress, Kimberly Klempner, he was HIV positive. The indictment alleges that Murdock knew he was HIV +positive but failed to tell his mistress. The indictment continued they had unprotected sex during their five year … Read more
