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

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.”

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Hey Doc, Can You Get Me Some Botox?

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.

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

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.

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It’s Me, Not You: Further Adventures with Social Media

Michael J. Sacopulos, Esq.

A survey by the American Academy of Matrimonial Lawyers published through Loyola Medical School found that “Facebook holds the distinction of being the unrivaled leader for online divorce evidence with 66% citing it as the primary source.” Also, more than 80 percent of divorce lawyers reported they “have seen an increase in the number of cases using social networking evidence” during the past few years. This is mounting evidence which proves the power social media has on litigation.

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E-Guilt: Social Media and the Murder Trial of Casey Anthony

Michael J. Sacopulos, Esq.

Social media appears to have had an impact on jury selection in the murder trial of Casey Anthony, 25, charged with killing her two-year-old daughter Caylee, in 2008.

According to the Associated Press, as prospective jurors answered questions about their background and qualifications to serve, lawyers instantly checked their responses against postings on online media sites such as Facebook and Twitter.

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Dr. Mark Weinberger: A Rotten Apple

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.

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Troubles in Kansas

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.

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How We Do It

Medical Justice is sensitive to the fact there are legitimate claims by patients who have been harmed by negligent care. But the fact remains that the majority of medical malpractice cases are ultimately deemed without merit. We harness the principles of medicine, law, and business to defeat dishonest plaintiffs, unethical medical malpractice attorneys, and unscrupulous expert witnesses.

Medical Justice Members are licensed to use Medical Justice’s intellectual property; deterring meritless legal actions, creating a critical practice infrastructure to strengthen the future use of legal remedies should a frivolous suit be pursued.

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