Jeffrey Segal, MD, JD - Medical Justice

Multi-million dollar verdicts in med-mal cases. Last 12 months are eye-popping.

August 15, 2024August 31, 2012 by Jeffrey Segal, MD, JD

A buck doesn’t buy a lot anymore. Take a look at some of the verdicts below.

I am not commenting on whether or not there was negligence. Assume for the moment doctors were negligent in each case. The damages are astounding. Remember that most doctors have $1M in liability coverage.

Of course, if the doctor asks the carrier to settle for policy limits and the carrier wants to take the case to trial, the carrier is gambling with its own money. But, if the carrier wants to settle, and you want to roll the dice, the carrier can write the check for $1M and you’re on the hook for the rest if you lose big.

The recent trend has been for higher jury verdicts. Sobering indeed.

$120 million
Martin v. NYCHH et al.
May 2012
Jacqueline Martin, who had a rare skin disorder, was brain damaged after physicians at three New York hospitals allegedly failed to diagnosis the condition. Her family won the verdict against the three medical centers and a neurologist.

Urgent Client Alert: Lawsuits and Patient Photos on the Web

August 15, 2024August 24, 2012 by Jeffrey Segal, MD, JD

Recently, several Medical and Dental Justice members have asked us about the type of consent needed for posting patient photos on the Internet. The reason for posting is to show the quality of work the doctor performs – often in the way of before and after photos. The reason for members asking is because attorneys … Read more

Fairway Physicians Insurance Company RRG Endorses Medical Justice Services

August 15, 2024August 24, 2012 by Jeffrey Segal, MD, JD

Fairway Physicians Insurance Company, RRG today announced an endorsed and strategic relationship with Medical Justice Services, Inc; the leading organization offering patented services to protect physicians’ most valuable assets – their practice and reputation – against frivolous lawsuits, Internet defamation and other medico-legal threats.

Under the agreement, Fairway will offer Medical Justice Membership to its insureds under a preferred pricing agreement. Medical Justice’s Programs complement the traditional medical malpractice insurance offered by professional liability carriers. The agreement will provide Fairway’s policyholders with proven, turnkey services that deliver real-world results such as decreasing malpractice suit rates, holding proponents of meritless lawsuits accountable and preventing Internet defamation.

Notes from a Plaintiff Attorney: Avoiding Liability for Abandonment

August 15, 2024August 17, 2012 by Jeffrey Segal, MD, JD

by Dr. J.D.

Abandonment occurs when a doctor cuts off the physician-patient relationship while the patient still actively needs care, and does so without adequate notice to allow the patient to get care elsewhere.

It can be the basis for a complaint to the state medical board and, if the patient can prove that he or she suffered an injury as a result, it can be the basis of a medical malpractice claim.

The proper discharge of a patient is really the rolling back of each step that formed the doctor-patient relationship:

– The patient came to you in need of care. They can only be terminated when they are not actively in need of care.

– The patient sought care with you rather than elsewhere. They can only be terminated by giving them time to find care elsewhere.

– Your conduct allowed the patient to reasonably believe that you were their doctor. They can only be terminated by you laying out clear statements that make such a belief unreasonable.

The separation does not have to be mutual – in fact, it can be entirely unilateral on your part even if the patient objects strongly – but it has to reflect the fact that medical care is a unique type of interaction because it can literally be a matter of life and death.

Some State Medical Board Rules Are Idiotic…

August 15, 2024August 10, 2012 by Jeffrey Segal, MD, JD

I saw a recent post by a psychiatrist who treats patients for addiction problems. From time to time, his patients, like all patients, travel from one state to another. They may call him and ask for advice – or a prescription refill. The psychiatrist wondered if speaking and/or treating traveling patients ran counter to that … Read more

What Are “Reviews from Around the Web”?

August 15, 2024August 3, 2012 by Jeffrey Segal, MD, JD

A couple of years ago, Google featured what it called “Reviews from Around the Web” on business pages. Google actively scanned a handful of major reviews sites for businesses that matched Google’s listings, and displayed those reviews on Google’s pages. So while a business might only have a few actual Google reviews, it could look … Read more

Truth Meter: Can a Reputation Company Really Remove Negative Posts?

August 15, 2024July 27, 2012 by Jeffrey Segal, MD, JD

Spoiler Alert: No. They can’t. Now that we’ve got that out of the way, read on if you want to understand the not-so-subtle differences that separate the professional reputation management services from the scammers. Anyone who can configure Google Alerts is starting their own reputation management service these days. So many hacks are entering the … Read more

No Good Deed Goes Unpunished. Test Your Knowledge on Controlled Substance Laws.

August 15, 2024July 20, 2012 by Jeffrey Segal, MD, JD

Let’s test your knowledge of prescribing controlled substances. A specialist practicing on the west coast makes frequent visits to her country of origin – Brazil[1]. During such visits, she often performs charity work, diagnosing and treating patients. She keeps records of the visits. On one such trip to Brazil, the specialist diagnosed an … Read more

Court Eviscerates Law that Expert Witnesses Must Be Same Specialty as Defendant

August 15, 2024July 13, 2012 by Jeffrey Segal, MD, JD

What comes to your mind when a legislature says that expert witnesses must be in the same or related specialty as the defendant? Seems straightforward. If an orthopaedic surgeon is being sued, an orthopaedic surgeon is the proper specialty to testify about the standard of care for an orthopaedic surgeon. And, if a psychiatrist is … Read more

Sex To Die For: The Unsavory Medical Malpractice Claim of the Estate of William Martinez

August 15, 2024June 29, 2012 by Jeffrey Segal, MD, JD

by Michael J. Sacopulos

A Lawrenceville, Georgia jury earlier this month awarded $3 million dollars to the Estate of William Martinez. Mr. Martinez was 31-years old in 2009, when he entered his cardiologist office. There he complained of chest pain that radiated into his arm. His cardiologist found that Mr. Martinez was at “high risk” of having coronary disease and ordered a nuclear test to be performed. The test was scheduled to take place eight days after Mr. Martinez initial appointment with his cardiologist. The cardiologist alleges that Mr. Martinez was instructed to avoid exertional activity until after the nuclear stress test was completed. The family of Mr. Martinez argues that no such instruction was given.

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