Jeffrey Segal, MD, JD - Medical Justice

Word to the Wise. Not All Subpoenas to Doctors Are the Same.

August 15, 2024November 21, 2014 by Jeffrey Segal, MD, JD

Doctors receive subpoenas all the time. Lawyers send subpoenas for medical records when their client has been injured in a fender-bender; is seeking money from worker’s compensation; and when suing a doctor for negligence. In each of these cases, the lawyer is seeking the medical record to serve his client – (the patient).

What happens when a lawyer sends a subpoena for medical records when his client’s interests are adverse to the patient? This can create a pickle for the doctor. We are taught to comply with subpoenas. We are also taught to respect patient privacy.

Refusing to Treat Patients – When You Want Distance From a Patient’s Infection, Morality, and Politics – Part 1

August 15, 2024November 14, 2014 by Jeffrey Segal, MD, JD

Can you refuse to treat a patient? The simple answer is “Yes – of course.” But, when it comes to the law, there are layers to that answer.

How to Avoid Being Burned as an Employer

August 15, 2024November 14, 2014 by Jeffrey Segal, MD, JD

I’ve spoken with several doctors over the past couple of months. All were dragged into litigation related to their role as an employer. They were being sued by ex-employees. The allegations varied – sexual harassment; improper termination; discrimination. In 2011, the Equal Employment Opportunity commission (EEOC) received over 100,000 charges of employment discrimination. The … Read more

What Do You Do When Your Patient Is Sporting a Swastika Tattoo?

August 15, 2024November 7, 2014 by Jeffrey Segal, MD, JD

Any physician who has spent time taking care of trauma patients has been cursed at, spit at, and more. If you are a woman or member of racial or ethnic minority, some patients have belittled you. If you are from another country and speak with an accent, some patients have requested another doctor.

Not Your Everyday Informed Consent Issues

August 15, 2024November 7, 2014 by Jeffrey Segal, MD, JD

It’s no secret that availability of organs for transplantation in the US pales in comparison to demand. Many die each year waiting for an organ. The systems that oversee transplantation define rules which allow one to “wait in line.” You get an organ based on the seriousness of your condition, your place in line, and whether you can persuade a living donor to participate. (For a living donor, this assumes it’s a “non-vital” organ – eg: one of the donor’s two kidneys, liver, etc. Obviously a living donor cannot donate his heart.)

What’s With the Epidemic of Whining?

August 15, 2024October 31, 2014 by Jeffrey Segal, MD, JD

Watching the news, you’d think that US hospitals are being crushed by the weight of an Ebola epidemic. While Ebola poses a non-negligible risk, it pales in comparison to the epidemic of whining.

Ebola and Quarantine / Isolation Laws. What is the Government Allowed to Do?

August 15, 2024October 31, 2014 by Jeffrey Segal, MD, JD

The Centers for Disease Control and Prevention (CDC) publishes a webpage which gives excellent summary information on government powers to enforce isolation and quarantine.

First, the definitions.

Isolation separates sick people with contagious disease from people who are not sick. Quarantine separates and restricts the movement of people exposed to contagious disease to determine if they become sick.

To “Or” or Not To “Or”; That Is the Question.

August 15, 2024October 24, 2014 by Jeffrey Segal, MD, JD

Dr. Carolyn Lobo received a metaphorical “rectal exam” from two Boards of Medicine – first California; then Ohio.

Here’s what triggered the kerfuffle.

Surgical Warranties – Here They Come

August 15, 2024October 17, 2014 by Jeffrey Segal, MD, JD

It’s common knowledge that the US healthcare system is the priciest in the world. Some healthcare systems are testing new financial models to see if they can squeeze more efficiencies beyond the status quo. Warranties.

First Ebola Death in US. Is the First Ebola Lawsuit Far Behind?

August 15, 2024October 17, 2014 by Jeffrey Segal, MD, JD

Thomas Duncan returned from Liberia and presented to Texas Health Presbyterian Hospital with fever and abdominal pain. He was released with symptomatic treatment and returned 3 days later. Sadly, he died of Ebola.

The family of the first Ebola victim in the U.S. will “probably” take legal action against the Dallas hospital, where he died this week, a spokesman for his fiancee stated.

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