If you’re like me, you’ve certainly heard of the Make a Wish Foundation. What I did NOT know was the story of the man behind the Foundation – who he is and why he started it. The man is Frank Shankwitz. He was a Arizona Highway Patrol Officer. Frank built the foundation from … Read more
A plastic surgeon called me recently. He routinely examines his female patients with a female chaperone in the room. This is a good idea. Make that – a great idea. While it’s not common to be accused of inappropriate sexual contact, the accusation does occasionally happen. Then, it’s he said, she said. Write a big check.
This patient said she did NOT want any such chaperone in the room as it would create “negative female energy.” Huh?
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.
Treating patients in pain with opioids creates serious legal quandaries for doctors.
A 2010 study (based on the American Society of Anesthesiologists Closed Claims Database) found that malpractice claims related to chronic non-cancer pain management primarily involved patients with a history of risk behaviors.
The study also found that death was the most common trigger of these claims.
Prescribing opioids causes a conflict. No doctor wants to undertreat the patient in pain. No doctor one wants the excess liability created by patients who are addicts, criminals, or a complex mishmash of unrelenting pain issues and co-morbidities.
On the other hand, that study also found that 59% of claims were grounded in physician mismanagement, either on its own or compounding a patient risk factor.
This means doctors still control the legal destiny of these cases. Steps can be taken to reduce the physician’s risk of being prosecuted as a “pill mill” or being held responsible for the dangerous or felonious use of the medication by the patient.
Most physicians wake up every day intending to do the best possible job and help their patients. They work long hours, sacrifice a normal family life, and don’t always receive a thank-you note.
Digest the following hypothetical.
You and your partner are the only neurosurgeons for a small community of 50,000 people. The draw area is larger, say 250,000. The closest major metro area is 80 miles away. And that city has a medical school, teaching hospitals, and full service trauma treatment.
You and your partner alternate call for both the practice and the ER.
Your partner is on call.
You’ve had a long week, and are ready to kick back. In anticipation of the weekend, you just finished a large glass of Cabernet. Yum.
The ER calls and you pick up the phone. You didn’t have to. But you did.
Recently, a doctor asked our thoughts on whether his standard HIPAA Notices of Privacy Practices could be amended to allow him to disclose protected health information online “to set the record straight.” His goal was not to debate a patient’s opinion. Rather, he wanted to be able to refute factually inaccurate online statements without … Read more
Botched executions are in the news again. The vast majority of states that allow for state sanctioned death penalty perform the execution via a three drug protocol. The first drug is an anesthetic – such as propofol or a barbiturate. The second drug is a neuromuscular paralytic agent. The final drug … Read more
Summary judgment was granted on June 10th to plaintiff Catherine Manzione in a multi-million dollar lawsuit. That means the plaintiff won without even having to present her case to the jury. The judge granted the motion noting there are no disagreements on the facts of the case. In that circumstance, the judge merely needs to … Read more
Most patients pay via insurance, check, debit card, or credit card. I’m guessing a handful of practices accept bitcoins. And, yes, every practice accepts cash.
Did you know that if you receive over $10,000 in a trade or business, Form 8300 needs to be filled out and sent to the IRS? Is medical care considered such a “trade or business?” Let’s analyze.
The phrase “Medicaid – Medicare Parity” typically draws a blank stare. A recent article by a healthcare attorney, Ericka Adler, described the presumed benefit of Medicaid – Medicare Parity and how one practice got close to going off the edge of a cliff. The Affordable Care Act contains a provision allowing certain physicians to … Read more
Faithful readers will recall blog we presented several weeks ago: Guess Who’s Back Trying Med Mal Cases? John Edwards. To refresh: Edwards, 60, is one of three lawyers representing the parents of a 4-year-old Virginia boy who was 3 months old in 2009 when he was under the care of physicians and staff … Read more
