Jeffrey Segal, MD, JD - Medical Justice

Is ICD-10 a Game Changer?

August 15, 2024August 14, 2015 by Jeffrey Segal, MD, JD

Physicians have to deal with a 100 paper cuts each day. Implied threat of lawsuits, RAC audits, denied claims for reimbursement, EMRs designed by computer scientists who do not practice medicine, and more. While these distractions are time consuming, stress-provoking, and aggravating, they are generally manageable. That’s why I was surprised to hear from an … Read more

Dropping the Ball and Getting Away With It.

August 15, 2024July 24, 2015 by Jeffrey Segal, MD, JD

Cases do not normally end like this. A cardiologist implanted a pacemaker. He ordered a follow-up check X-ray to check the leads and make sure there were no complications. A second cardiologist checked the films and discharged the patient from the hospital. The radiologist’s report noted the placement of the pacemaker leads. It also … Read more

Do No Harm: Dr. John Marsh’s Excellent Book

August 15, 2024July 17, 2015 by Jeffrey Segal, MD, JD

I just finished Do No Harm, a book authored by a freshly retired British neurosurgeon. If you’re not maxed out on your summer reading list, add this one. In one sense, the book is a bit depressing. Dr. Marsh works for the National Health Service and chronicles more defeats than victories. He writes about his … Read more

Foreign Bodies Left in the Body, Oh My…

August 15, 2024June 26, 2015 by Jeffrey Segal, MD, JD

Some unintended foreign bodies left post-op in the body never create any problems. Some are associated with continued risk. And the law is all over the place in terms of how long a surgeon or facility is liable, if at all. A recent New York case illustrates this point. In New York, an … Read more

Notes From a Plaintiff’s Attorney: Avoiding Liability in Retention of Medical Records

August 15, 2024June 19, 2015 by Jeffrey Segal, MD, JD

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 agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant. Please give us your feedback – and let us know if you find the series helpful.

As we move to paperless practices, the problem of retaining physical records will be less relevant. But for at least the next decade doctors who are closing their practices must understand what to do with bulky patient records.

Here, physicians faced with this unwelcome burden are tempted to cut corners, a choice that carries real liability issues.

Notes From a Plaintiff’s Attorney: Liability to Those Who Are Not Your Patients

August 15, 2024June 5, 2015 by Jeffrey Segal, MD, JD

We continue with our series of 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 agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant. Please give us your feedback – and let us know if you find the series helpful.

As most doctors know, a malpractice action is grounded in first establishing a physician-patient relationship. This is a fiduciary situation in which a duty of care is owed to the specific patient.

However, there are unusual cases where a third party sues a doctor for negligence. Here, liability has increasingly been found via general negligence principles.

Notes from a Plaintiff’s Attorney: Blowing the Whistle

August 15, 2024May 29, 2015 by Jeffrey Segal, MD, JD

We continue with our series of articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. In this article, the author addresses “Blowing the whistle.” This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of … Read more

Family of Jahi McMath – Declared Brain Dead – Files Lawsuit

August 15, 2024May 22, 2015 by Jeffrey Segal, MD, JD

This is a tough one.

Readers will remember the case of Jahi McMath, the unfortunate 13 year old who underwent an operation to treat sleep apnea, including tonsillectomy. Post-op Jahi was coughing up blood. The following morning her heart rate dropped and she went into cardiac arrest. Three days later she was declared brain dead. The family challenged the hospital’s decision to take the patient off the ventilator. The family won the right to transfer Jahi to an undisclosed location in New Jersey.

Can a Board of Medicine Discipline a Doctor for Participating in Worker’s Comp Fraud Investigation?

August 15, 2024May 15, 2015 by Jeffrey Segal, MD, JD

Many years ago, I took care of a worker’s comp patient. He wasn’t improving. He lamented he could not even pick up the newspaper from his yard.

The worker’s comp carrier obtained video surveillance footage of this same person getting in his car, traveling over two states to reach a casino. There, he was filmed with a drink in one hand, a cigarette in the other, reveling at the end of a craps table. He was kicking one leg up in the air like a UFC contender screaming “Seven come Eleven.” I don’t think he won any money; but, he looked like he was having fun.

Loser Pays in the U.S.? Some States Have It.

August 15, 2024May 7, 2015 by Jeffrey Segal, MD, JD

Most U.S. physicians are not clamoring to embrace the British healthcare system. But, one feature accessible to our colleagues across the pond is an exception. Loser pays.

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