Jeffrey Segal, MD, JD - Medical Justice

Malpractice Immunity for Medicaid Patients in Florida?

August 15, 2024December 10, 2010 by Jeffrey Segal, MD, JD

On the table for discussion is a legislative proposal in Florida to cap damages of negligently injured Medicaid-insured patients. That cap would be $100k. Some headlines have labeled this as “immunity” which will protect bad doctors. But, it’s not. Under the proposal, doctors treating Medicaid patients would be considered “agents of the state” for limited … Read more

Cliffhanger Congress: Senate Passes Medicare Payment Bill

August 15, 2024December 9, 2010 by Jeffrey Segal, MD, JD

This Congress may be a Lame Duck, but that didn’t stop the Senate from at least one unanimous decision. Yesterday, December 8, 2010, the Senate passed legislation to extend Medicare payments for another year. With just 3 weeks left before the massive 25% pay cut to physicians would have taken place, and since the House must still pass the same action before they break for the rest of the year, it’s fair to say they’ve cut it a bit close. Since there was unanimous consent, one wonders why this wasn’t passed long ago. Perhaps the answer lies in figuring out how to pay for it, but this seems unlikely as well.

As a Doctor I’m Thankful for … Doctors

August 15, 2024December 3, 2010 by Jeffrey Segal, MD, JD

Doctors are also patients. If you’ve not been a patient, you will. My family and I have been patients. I am thankful for the doctors who have taken care of my family. This year, while finishing our dinner, my 13 year old son had a generalized seizure. Josh had been seizure-free for eight years. I … Read more

Promotional Guidance – FTC Update on Advertising Applies to Physicians with Online Presence

August 15, 2024December 1, 2010 by Jeffrey Segal, MD, JD

Florida Medical Magazine Winter Volume 2010, Number 1; Pages 29 to 31 By: Jeffrey Segal, MD, JD, FACS Michael Sacopulos, JD

Senate Fails to Pass First HCR Fix

August 15, 2024December 1, 2010 by Jeffrey Segal, MD, JD

On Monday, September 29, 2010, the U.S. Senate made two attempts to repeal a relatively minor but unpopular aspect of the Healthcare Reform laws. Though both Democrats and Republicans agreed that the aspect was an unwarranted burden on businesses, they could not agree on either of two bills devised to reform the reformation. The offending aspect, which requires that those who pay out more than $600 per year to any one entity must file a 1099 form, was intended to provide an increase in revenues by increasing compliance with an existing tax law which already requires the filing of a 1099 form under the same circumstances.

Legislators Bring 13-Month Bandaid Bill

August 15, 2024November 23, 2010 by Jeffrey Segal, MD, JD

For what seems like centuries now (hyperbole, or prophecy?) Congress has been putting patches and bandaids on Medicare payments, approving continued pay at (barely) tolerable rates, a month at a time, a few months here and there. In June of 2010, President Obama signed a bill delaying the cuts another six months. Now December 1 looms, less than one week away, and that 23% Medicare payment cut is before us yet again (with an additional 1% cut coming on January 1, 2011). So what does the House do? Propose a slightly longer bandaid.

Cell Phones, Heath Information and Physicians

August 15, 2024November 18, 2010 by Jeffrey Segal, MD, JD

Recently the Pew Internet and American Life Project released results of a study it had conducted by Princeton Survey Research Associates between August 9th and September 13th of this year. The study looked at the use of cell phones to access health or medical information. Here’s what they found: 17% of cell phone users have … Read more

From Subprime Loans to Financing Lawsuits

August 15, 2024November 17, 2010 by Jeffrey Segal, MD, JD

Here’s history in the making.

At one time, before many of us were born, plaintiffs had to bankroll their own lawsuits. There, they would pay the attorney for his time and counsel. The plaintiff bore the entire risk for the outcome. But, if he won, he kept the entire pile of money, minus his expenses paid to the attorney.

The next – and dominant – paradigm: contingency fees. There, the risk is transferred to the attorney. In exchange for accepting that risk, the attorney keeps a healthy portion of any settlement / judgment after expenses. That amount is generally 33 to 40%. Naturally, the plaintiff’s attorney must diligently assess the risk / benefit for each opportunity. If the attorney loses, the plaintiff does not go bankrupt.

Enter the modern age.

Third party financing of lawsuits, as reported in the NY Times on November 15th:

More About Being an Expert Witness

August 15, 2024November 9, 2010 by Jeffrey Segal, MD, JD

By Joseph Horton, MD (This is a follow up to Dr. Horton’s earlier blog Patience is the Hunter’s Greatest Weapon) When I began my academic medical career, Chuck Kerber was with me when I was going over a talk I was about to give. I was understandably nervous about it. I set up the slides … Read more

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