I Can’t Remember Any Risky Patients. Do I Need Tail Coverage?

Jeff Segal, MD, JD, FACS

When times are challenging, you must spend your money wisely. A Physical Medicine and Rehabilitation doctor recently posed this question on a physician social networking site.

Had professional liability coverage with his carrier for 21 months. Now moving to another state to work for the federal government. Worked at a chiropractor’s office – saw about 25 patients. Then opened a solo practice – saw about 120 patients: mostly worker’s comp or personal injury cases.

The carrier wants $12k for tail coverage. “I can’t think of any patient that would have a reason to sue me, but you never know…. Am I taking too much of a risk?”

The answer:

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Is There An Epidemic of Doctor Sexual Assaults?

Jeff Segal, MD, JD, FACS

The race to the bottom is accelerating. A new web site recently came to our attention. (We aren’t naming the site because we don’t want to direct any more traffic to the site than it deserves, which is ZERO. So we shall refer to it as thesitethatdeservesnottobenamed.)

One of our dentist members received an email from thesitethatdeservesnottobenamed bringing a post on that site to his attention. How thesitethatdeservesnottobenamed got the doctor’s email address is anyone’s guess.

OK. The details.

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Where Has All the Trust Gone?

The close relationship between Americans and “the neighborhood doctor” is a strong piece of American mythology. People implicitly trust physicians to use their specialized training to make decisions patients may not fully understand, but always trust. At least, that’s the way things used to be. These days, the atmosphere has changed for the worse; some patients no longer trust physicians and physicians sometimes resent their patients. The question is: why?

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Real Reform or Just Whack-a-Mole

Last week, the NC State Senate approved changes in the state’s medical malpractice laws; including provisions to give emergency room doctors more protection against lawsuits (changing their malpractice standard from ordinary negligence to gross negligence) and a cap non-economic damages for patients at $500,000 (economic damages and medical payments would not be capped). The proposal now moves to the State House for consideration.

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Are You Making the #1 Physician Financial Mistake?

David B. Mandell, JD, MBA and Jason M. O’Dell, CWM

As authors of 4 books for physicians, including our latest, For Doctors Only: A Guide to Working Less & Building More, we have consulted with thousands of doctors of all specialties during the last decade. From this experience, we have become intimately familiar with the mistakes physicians make when working with their CPAs, attorneys, and other financial advisors. Whether it is in the area of tax, asset protection, retirement planning, or other areas, the result is almost always the same. We leave the meetings or conference calls asking ourselves, “How could this doctor get such [poor, uncreative, or just plain wrong] advice?” It would be laughable if it weren’t so troubling.

It is not surprising that physicians do not get the value they should out of their professional advisors. While the typical specialty physician has nearly 25,000 hours of training in his/her profession, there is a grand total of zero hours of training in business or financial issues related to the “business” of being a doctor. After learning how to utilize specialists in other areas of medicine, doctors receive no training in how to choose or evaluate the advisors whose advice and experience will be the backbone of the doctor’s financial plan for his entire career.

Doctors lack the spare time and training to do their own planning and have literally no training on how to find and evaluate the right specialists to assist them, so it is no wonder that most are ill-served by their professional advisors. To be honest, it is actually surprising when we meet a physician who is financially savvy or is properly advised by a team of professional advisors. In our experience, fewer than 5% of physicians are properly advised by a professional team.

The Two Fatal Flaws Of Physician-Advisor Relationships

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New Research Project

Michael J. Sacopulos, Esq.

It was tennis star Andre Agassi that said “Image is everything.” Okay, he overstated it, but Andre did have a point.

Image matters. But does it matter for an expert review of a patient’s chart in evaluating a potential medical malpractice case? The answer is no one knows…yet.

As general counsel for Medical Justice, I thought it might be useful to the members to offer tips on charting.

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The Next Legal Frontier: Opening the Floodgates for Veterinary Malpractice

Jeff Segal, MD, JD, FACS

A story from WHYY Philadelphia News caught our attention. Philadelphia resident David Siff took his sick cat to the veterinarian. The doctor’s diagnosis: fur ball; which did not seem right, at least to Siff. Nonetheless, Siff deferred to the vet’s opinion. Two days later the cat died from complications related to urinary tract infection. Some fur ball.

I was really upset because the vet completely misdiagnosed him, never took his temperature, never did any labs, nothing for his diagnosis. You know, really just gave him a cursory look over and gave him his diagnosis, and we couldn’t help thinking that if he had diagnosed him correctly, maybe we could have saved his life, could have treated him earlier and saved his life.

Siff complained to the veterinary licensing board, but they refused to discipline the doctor.

He then investigated suing. What he learned:

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Supply and Demand, Healthcare Style

As we consider ways to improve health care and its costs in this country, perhaps we should be thinking of physicians as the valuable economic resource to society that they are. We clearly have an impending shortage of physicians to address the demographic tsunami – Baby Boomers entering Medicare age. And the lead time to train adequate capable physicians to address this trend is measured in years, not months. The fewer physicians available to take care of the public, the more expensive care will be. We should be doing all we can to make the practice of medicine inviting, so there are enough talented individuals to deliver care…. Makes sense, doesn’t it?

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Informed Spousal Consent: A Great Idea Worth Spreading

Jeff Segal, MD, JD, FACS I was thumbing through General Surgery News recently and read an article espousing a great idea; an idea worth spreading. Philip Schaurer, MD, and Jim Saxton, Esq. wrote about adding a spouse’s name to the informed consent document. Informed consent, of course, is a process, and not a document. But, … Read more

Your Mother Was Right

Michael J. Sacopulos, Esq. Doctors are busy, enough said. The problem is too many doctors are not getting enough sleep. According to a recent New England Journal of Medicine (NEJM) article “sleep deprivation adversely affects clinical performance and impairs psychomotor performance as severely as alcohol intoxication”. There are currently work/sleep regulations in place for first … Read more

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