Mandatory Urine Drug Screens for Physicians?

A recent article in Journal of the American Medical Association delved into the touchy subject of mandatory alcohol and drug screening programs for physicians. In their piece titled “Identification of Physician Impairment”, the authors Drs. Pham, Provonost, and Skipper concluded healthcare lags behind other high-risk industries in detecting high-risk factors causing injury or accident.   … Read more

A Tough Ethical Conundrum

The NY Times hosts a column each Sunday called the Ethicist. Readers send in their real-life ethical conundrums, and the columnist weighs-in with advice.   Recently, a doctor wrote that “years ago” his patient was having headaches. The patient finally confessed that he committed a serious crime and somebody else “took the fall for it.” … Read more

FL Bill Trims Who Can Be an Expert Witness

Earlier this week the Florida State Legislature passed a bill which would require expert witnesses testifying against a physician in a medical malpractice case to practice in the in the exact specialty of medicine as the defendant physician. This is an important piece of legislation which Governor Rick Scott should sign into law. Florida already … Read more

Your Patient is a Criminal. Carrier Denies Payment. Now What?

Most doctors have taken care of patients who were medically impacted by their illegal act. Some of these patients actually have third party insurance. I know, you’re skeptical. OK, how about a rock star who overdoses? Maybe he’s not come to your ER. But, he came to someone’s ER.

Dzokhar Tsarneav, another criminal, was transported to a hospital to be treated – probably at great cost – for injuries sustained in a gun battle with the police. This issue brings into focus the problems physicians face in getting an insurer to cover patients for what they brought on themselves through illegal acts.

The basic rule of insurance is carriers will not cover an insured for intentional illegal acts. Insurers will cover patients for harm resulting from their illegal act IF that crime was not intended. Therefore, if a driver is injured while trying to run down his neighbor that driver will not be covered. But if the driver drove while drunk – itself an illegal act but without intention to commit a crime – he would be covered for injuries he sustained when he crashes into a lamppost.

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What Does it Mean to be Dzhokhar Tsarnaev’s Doctor?

First, let’s dispense with political correctness. I will not use the words “alleged” or “suspect.” We’re all adults here. Dzhokhar Tsarnaev is the younger brother whose bombs killed 3 innocents or maimed scores of participants or bystanders in the Boston Marathon.   I was proud to be called a physician that day. Not because of … Read more

Online Treatment of Dogs and Cats

Doctors are testing various models of telemedicine. Every state treats the online practice of medicine differently. And, it’s unclear how this will shake out over time. Patients can even obtain sex therapy from a certified therapist – online. As one therapist’s site note: “If the traffic light on the left is green, I am online … Read more

Notes from a Plaintiff’s Attorney: Preventing and responding to complaints

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.

 

This situation bedevils doctors – a case that becomes a “telephone game” of distorted comments and finally ends up in a complaint that may ripen into a professional sanction or a lawsuit.

It turns physicians into their own worst enemies, first losing sight of how they may be antagonizing those who will later tell the story; then becoming defensive in a way that causes an investigator to conclude there actually was fire under the claimed smoke.

In this column we will look at how to make it stop.

To understand how to head a burgeoning problem “off at the pass” we will look at what happened to a doctor who was actually very conscientious and caring but who still ended up on the receiving end of a serious complaint with their hospital.

First, we need to review my five simple rules of pre-emptive risk management:

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