Jeffrey Segal, MD, JD

By Dr. JD, a plaintiff’s attorney, practicing in the Northeast

We continue 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.

“Telemedicine” is a term that covers any use of electronic communication technology to convey medical information. It can be as basic as seeking a consultation or as advanced as robotic surgery. Teleradiologists and telepathologists use electronic communication to send radiographs and specimen images for diagnostic or consultation purposes. Pacemakers, electrocardiograms and oxygen saturations can be evaluated electronically by telecardiologists. Computer enhancement assists in the diagnosis and treatment of skin lesions in teledermatology. Electronic stethoscopes can be used to auscultate heart and lung sounds during electronic house calls in tele-home health care. Telepsychiatrists can have therapy sessions with patients who are unable to come to their office. Panels such as tumor boards and ethics committees can tele-conference with specialists.

You will probably eventually be involved somehow in telemedicine, either as a consultant or as a seeker of consultation. Be aware of the liability issues.

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After a restful interlude, John Edwards has returned to his core competence – suing doctors.

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In the world of liability exposure, patient portals can be a blessing or a curse.

That is because they close gaps in communication that often lead to complaints and lawsuits but they also create updated standards that have to be met.

For example, through the use of a portal you can get information or inquiries from patients faster and more reliably, but once a communication from a patient has been received into your system you are charged with dealing with it and so you must have a way to bring it to your attention promptly.

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By Dr. JD, a plaintiff’s attorney, practicing in the Northeast

We continue 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.

The first question you must answer before you consider making a report is what do you actually know?  That you not act without provable good cause is both a moral obligation and your defense if you are later accused of defamation.

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By Dr. JD, a plaintiff’s attorney, practicing in the Northeast

We continue 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.

A defendant doctor has options to change the landscape of the lawsuit against him – impleader and summary judgment.

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by Michael J. Sacopulos, JD (General Counsel Medical Justice / Dental Justice)

Porn Stars Deserve Privacy, Too

Every day seems to bring word of new healthcare privacy breaches. A physician’s laptop goes missing in Illinois. A practice’s system is hacked in Maryland. Old patients’ charts turn up in a landfill in Ohio. Some of these breaches are not only frightening in terms of their ramifications, but they come across like plots of crime shows on TV. Here are some of the dramatic examples.

Porn Star HIV Test Database Leaked

Although porn stars are not typically known for their privacy concerns, they do often use stage names to keep their true identities confidential. In 2011, however, their personal lives were broadcast for the world to see, when medical test results and personal details about thousands of current and former porn performers were leaked.^[1]

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If a patient is injured in a hospital, and a lawsuit emerges, it can fall under the category of “ordinary negligence” or “medical malpractice.” For cases that qualify as legal claims, the vast majority of such claims fall under the category “medical malpractice.”

Why does it even matter?

The two categories often have different statutes of limitations, damage caps, need for expert testimony, and so on. The cost to pursue the case and the amount of money which can be recovered may vary dramatically.

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