Jeffrey Segal, MD, JD - Medical Justice

Male physician working in operating room

Defensive Medicine: Everyday Life in the ER

September 17, 2024June 16, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

According to a poll conducted by the American College of Emergency Physicians, nearly half of emergency physicians, 44 percent, say the biggest obstacle to cutting costs in emergency departments is overcoming the fear of lawsuits. The poll, made up of 1,800 emergency physicians, also found that more than half of physicians, 53 percent, state that the reason they conduct the number of tests they do is due to the fear of being sued.

The study also stated that specialists cite the fear of being sued as one of the top reasons they will not treat emergency patients.

No Day In Court for a Minnesota Physician Who Was Slammed On Line

August 15, 2024June 14, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

Westlaw Journal recently reported that a judge has dismissed a lawsuit filed by a Duluth neurologist who claimed he was defamed by a patient’s son that criticized his bedside manner.

Dr. David McKee alleged in his lawsuit that Dennis Laurion of Duluth made false statements about McKee’s treatment of Laurion’s father to the American Academy of Neurology, St. Luke’s Hospital, colleagues and several internet websites that “solicit physician reviews and ratings.” Laurion alleged McKee failed to treat his father with dignity following a stroke. Further, Laurion posted that McKee treated his father as a “task and charting assignment.”

The Neville Chamberlain Analysis: The Legal Consequences of Physician Security at Any Price

August 15, 2024June 12, 2011 by Jeffrey Segal, MD, JD

Journal of American Physicians and Surgeons Volume 16, Number 2, Summer 2011 By: Jeffrey Segal, MD, JD, and Michael Sacopulos, JD Download legal_consequences_of_physician_employment

Discount Medicine. Participating in group savings programs could bring heavy costs.

August 15, 2024June 11, 2011 by Jeffrey Segal, MD, JD

Florida Medical Magazine 2011, Summer By: Jeffrey Segal, MD, JD, FACS, et al.and Michael Sacopulos, JD Last week, I received a Groupon alert for a local restaurant I like. For those of you living under a rock, Groupon is a social networking group discount program. Here’s how it works. A local merchant, like a restaurant … Read more

Hey Doc, Can You Get Me Some Botox?

August 15, 2024June 10, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

Last week my wife was approached by a woman that does microderm treatments and other facial services. “Would you serve as my doctor for getting Botox? I can give the injections. I just need you to get the Botox for me. It will be fun!” exclaimed the woman. My wife, an optometrist, declined and tried to point out the dangers associated with injecting a neurotoxin into someones head. Undaunted, the woman stated, “No problem. Someone will get me the Botox. I have three treatments already scheduled for Friday.”

I fear that this was not a unique situation.

Caps on Pain and Suffering: On the Defensive Across the US.

August 15, 2024June 3, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

Some phenomena oscillate in cycles – the economy, hem lengths, the political party in office. And attacks on hard-fought tort reforms.

Last year, Georgia and Illinois saw their caps on pain and suffering ruled unconstitutional. Caps help keep professional liability premiums within “more” reasonable ranges. Once premiums start rising, doctors head for the borders.

The field is busy this year with pending attacks on constitutionality (and other legal foundations) in a number of other states. As reported in AmedNews, the lineup is a follows.

Dr. Mark Weinberger: A Rotten Apple

August 15, 2024May 19, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

It’s an easy call. Dr. Mark Weinberger is a rotten apple. More than 300 medical malpractice cases have been filed against him. Most haven’t even gotten started. In the first case to pop through, the estate of Phyllis Barnes vs. Weinberger, the jury delivered a $13 million verdict for the plaintiff.

Maybe Dr. Weinberger doesn’t care. He’s in prison. And his professional liability carrier is working overtime to distance themselves from having to provide legal defense.

A little background.

Troubles in Kansas

August 15, 2024May 18, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

On May 4, 2011, the United States District Court in Kansas allowed a plaintiff to insert an administrative negligence claim against a hospital administrator. The claim arises out of alleged permanent injuries to the newborn child of Sandra and Edwin Deya. The Deyas claim that a hospital administrator failed to create, develop, and refine policies and protocols for newborn care at Hiawatha Community Hospital. The Deyas went on to argue that the absence of appropriate policies and protocols contributed to the injuries suffered by their newborn child.

Hiawatha Community Hospital moved to dismiss this claim based on the fact that there was no physician patient relationship between the hospital administrator, Dr. Rosa, and the Deyas’ child. The defense cited the Kansas Supreme Court’s position that absent a physician patient relationship there can be no liability for medical malpractice.

+ More