Jeffrey Segal, MD, JD - Medical Justice

Be Careful What You Say to a Patient’s Family Members

August 15, 2024October 19, 2010 by Jeffrey Segal, MD, JD

by Michael J. Sacopulos, Esq.

A recent case from Missouri highlights the importance of keeping patient’s medical information confidential — even from that patient’s family members. A 23 year old female sustained injuries to her right arm. While being treated for these injuries, a patient alleges that a nurse informed the patient’s brother and aunt of her being HIV-positive. The patient went on to state that the same nurse announced her HIV status in a hospital corridor while transporting her from the surgical recovery room to her hospital room.

The case ultimately went to trial.

Some Hidden Gems in the Patient Protection and Affordable Care Act

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

Given the wordiness of the Patient Protection and Affordable Care Act, it is no surprise that some surprises lurk deep within. A few selected pearls: Providers must return any Medicare overpayment within 60 days after identifying such an overpayment. An overpayment not returned during the 60 day period can be deemed a violation of the … Read more

Report Expects Medical Malpractice Costs To Rise

August 15, 2024October 15, 2010 by Jeffrey Segal, MD, JD

This week a new report was released, indicating that medical malpractice liability costs are likely to rise for both physicians and hospitals. The study, performed by Aon Risk Solutions, cites both claim frequency against hospitals and increased claim severity as the two driving forces behind the anticipated increases in premiums. From their release:

U.S.-based hospitals are expected to face more than 44,000 claims arising from incidents occurring in 2009, according to the report, “Hospital Professional Liability and Physician Liability Benchmark Analysis,” which Aon Risk Solutions put together with the American Society for Healthcare Risk Management.

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Win the Battle; Lose the War

August 15, 2024October 12, 2010 by Jeffrey Segal, MD, JD

We heard of a doctor who performed a routine injection on his patient. No written consent. Should have been plain-vanilla and without consequence. Until he dropped her lung. The patient was sent to the ER, had a chest tube placed, and was out of the hospital in a couple of days. The doctor never visited … Read more

The Most Outrageous HIPAA Release – from Angie’s List

August 15, 2024October 12, 2010 by Jeffrey Segal, MD, JD

Most of you know Angie’s List as a consumer rating site. They launched as a web portal, rating assorted service providers such as roofers and plumbers. Believing that the practice of medicine is little different than roofing and plumbing, they dipped a toe into rating doctors.

One of our beefs with their system is that doctors are foreclosed from responding to outrageous posts. The reason: federal and state privacy laws. Whereas roofers and plumbers can tell their side of the story, doctors cannot.

Angie’s List has doubled down by offering a service to resolve complaints patients may have with their doctors. This is where the most outrageous HIPAA Release emerges. In an effort “to be fair,” Angie’s List appears to require the full medical record to make its determination. Do you think they have experts from the specialty in question deliberating over the material?

Three Things Every Doctor MUST Know About Medical Malpractice

August 15, 2024October 7, 2010 by Jeffrey Segal, MD, JD

Everyone knows that physicians are much more educated than most, knowledgeable of all the complex systems of the human body, how they work together, and what to do when those systems fail. But today’s doctor needs to know a lot more than that. He or she must also be a bit of an entrepreneur and manager, familiar with many aspects of business. Perhaps the most important non-medical aspect for a physician to become well versed in is risk management.

Here are three things that every doctor must know about medical malpractice:

What Do You Do When A Malpractice Suit Strikes?

August 15, 2024October 6, 2010 by Jeffrey Segal, MD, JD

You always knew it could happen. Statistically, you knew it WOULD happen sometime in your career. Now there’s a registered letter on your desk, from a law office, and you’re afraid to open it. You summon up the courage to read it, and find that a patient you’ve done your best for has decided to sue. As far as you recall, there wasn’t even a bad outcome, but you must’ve missed something, because there’s this letter on your desk informing you that they’ve been retained by your patient, and requiring records as part of their fact-finding. Now what?

Hey, Doc! Here’s The Cure For What Ails Ya!

August 15, 2024September 28, 2010 by Jeffrey Segal, MD, JD

When people ask how things are going, it’s most often a polite habit, a rhetorical question. When a physician asks a patient that same question, they really do want and need to know. After all, how can a doctor diagnose and treat and cure anyone if they don’t know what’s wrong? It’s generally easier, more accurate and more efficient for the patient to provide the complaint. How can the doctor know what to fix if the patient doesn’t say what’s bothering?

It’s said that the doctor who treats himself has a fool for a patient. In this circumstance, though, we really don’t have much of a choice. But that doesn’t change the diagnostic method a bit. We still have to know what’s wrong with our healthcare system before we can fix it. “Fool for a patient” or not, we’re still the only ones that can do the job. So let’s go ahead and ask the question. How are you doing? What are your complaints? What ails ya?

Dr. Jeff Segal published in “Health Reform Report”

August 15, 2024September 25, 2010 by Jeffrey Segal, MD, JD

Dr. Segal’s article, “Doctor-to-Doctor: The Administration Promises “Budget Dust” To Fix Medical Malpractice Morass” was just published by the Center for Health Transformation’s Health Reform Report. Read the article here.

Litigation Promotes Patient Safety – Are You Kidding?

August 15, 2024September 24, 2010 by Jeffrey Segal, MD, JD

Recently, a defense attorney hosted Malpractice 101 on the physician social networking site, sermo.com. A multitude of questions were answered.

Sprinkled in the answers was the conclusion the tort system has a number of salutary effects – namely patient safety. The moderator recited the (now stale) observation from the 1980’s. To paraphrase: Anesthesiologists embraced pulse oximetry because their med mal premiums were too high. They identified the source of high premiums – anoxic injuries and deaths, and crafted a solution. Pulse oximetry. Once embraced, their ORs became safer, and premiums went down.

While I will not quibble that pulse oximetry is a good thing, (it is), I would argue it was a basic innovation that was embraced by the profession, irrespective of premium cost. Here’s why.

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