Jeffrey Segal, MD, JD - Medical Justice

Limited Access To Care Looms Large. What Can Be Done?

August 15, 2024August 16, 2010 by Jeffrey Segal, MD, JD

The Demise of the General Practitioner Is Caused by Frivolous Medical Malpractice Suits & Defensive Medicine.

It seems that two opposites are drawing down. On one hand, we have the physicians, struggling to be able to continue to heal for a living. On the other, we have the insurance companies and politicians wrangling and writing about, under increasing heat to make health care something like sanely affordable for people to be healthy, yet looking to cut corners at every turn. The government (which theoretically should be We The People) seems dead set on including physicians’ reimbursements as part of those “cut corners”. It’s hard to fathom how all of these groups expect a doctor to accept a reduction on a rate that is already obscenely below standard; already at or below the cost of providing services in the first place. Then we have the patients, themselves struggling with systems that seem unnecessarily complex and uncaring, yet needing the services that only a doctor can provide. And those healers themselves? They’re the ones caught in the middle.

Mitigating Legal Risks for Physicians – The Proactive Approach to Deterrence

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

It is said that the best defense is a good offense. While this axiom of warriors may not be the first inclination of gentile healers, the trial lawyers and other opportunists have made a good offense a necessary part of survival in the medical profession. The proactive approach is foundational to mitigating risks in this litigious time and society. In short, you’ve got to be a step or two ahead of the greedy few to keep them at bay. And taking steps to prevent the case from ever being filed in the first place is the best way to avoid the disruption of your practice, as well as the risks and other expenses inherent in a medical malpractice suit, no matter how frivolous it may be. Since 95% of all doctors will probably be sued for malpractice at some time in their career, it’s a wise move to ensure that you minimize the impact of that suit.

Expert Testimony for Medical Malpractice Suits In Doubt

August 15, 2024August 11, 2010 by Jeffrey Segal, MD, JD

Hindsight may very well be 20:20. That fact is at the core of a study that presents very persuasive data to show that the use of Expert Testimony is inherently flawed. The study, which appears in the August issue of the American Journal of Roentgenology, demonstrates that knowing the outcome of the case makes it all too easy for these paid Experts to opine that statement which endorses what the plaintiff’s attorney wants that witness to say. But the study shows that at least 30 of 31 experts’ opinions would have been exactly the same as the doctor being sued — if only they were blind to the outcome at the time.

HealthCare Reform – Proof is in the Pudding

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

“The proof is in the pudding” is proving to be more than just a convenient expression when it comes to heathcare reform. When we entered the current administration’s tenure, many were hopeful that the changes to come would be good, productive improvements. So far, though, it’s not looking good for the Gipper. The new “reform” package continues to stumble about blindly, amidst considerably challenges that suggest the entire thing may be scrapped as unConstitutional. Even status quo aspects like paying physicians a reduced fee for their services to Medicare and Medicaid patients are no longer maintained. The promise to those people who have paid into the program is not being kept. As of a couple months ago, the recurring extensions of funding stopped, leaving physicians high and dry and lacking 21% of what was already a substandard sum. This is causing Access To Care problems, and is nearly certain to get worse. When the American people voted in this President and accompanying Congress, it’s certain that they did so expecting functional solutions. So far, though, the Pudding is quite thin, at least a bit sour, and doesn’t begin to satisfy the needs of the people it was supposed to assist.

AMA Report: Lawsuits Are Frequent; Really Frequent

August 15, 2024August 8, 2010 by Jeffrey Segal, MD, JD

The American Medical Association released a report surveying over 5,000 doctors between 2007 and 2008. The result: An average of 95 claims were filed for every 100 physicians. That’s an average of almost one per physicians. Just under 50 percent were sued at some point in their career. 20% were sued two or more times.

And the doctor’s specialty determined the career suit rate:

Tort Reform and the Rain Forest; Lawyers’ Advice Needed

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

A great post from our friend MD Whistleblower Tort Reform and the Rain Forest; Lawyers’ Advice Needed Hate to see the rebuttal witnesses!!

BREAKING NEWS: 6-Month Medicaid Funding Extension in Senate

August 15, 2024August 4, 2010 by Jeffrey Segal, MD, JD

The U.S. Senate passed a six-month extension of Medicaid funding by a vote of 61-38. That’s the good news. But the picture is anything but rosy, and there are no clear skies ahead. This result is only a progression towards funding approval – and that was only possible because Republicans Susan Collins and Olympia Snowe joined with all the Democrats to provide the minimum 60 votes necessary. Did that pass the bill in Senate? Nope. That’s just what it takes to move it to the Debate stage.

What exactly is being debated? Well, first off, the bill isn’t all about Medicaid. Education and other aspects are also bundled in. The complexity of the legislation seems to be part of the hold-up. Senate’s current form of proposed legislation would taper off the Federal involvement in supporting the states, which currently includes a 6.2% bonus to the state governments. This bill proposes cutting that to 3.2% during the first quarter of 2011, and then drop it by 1.2% more in June of 2011* (see Update at the end of this piece).

The Bully Principle; Medical Justice Kicks Predatory Trial Lawyers to the Curb

August 15, 2024July 29, 2010 by Jeffrey Segal, MD, JD

Predatory creatures are consistent, regardless of species. The mighty shark expects it prey to be paralyzed with fear. Punch it in the snout and it takes a big step backwards, backs away and moves on to easier targets. The simple fact is that both sharks and plaintiff’s malpractice lawyers are bullies. They pick on capable, well-intending doctors, encouraging patients to file lawsuit against someone that the patient would otherwise be thanking. Patients know that their doctors didn’t cause them to be sick or injured, and most believe their doctors are doing their best to make them well, ease their suffering. But if you give a trial lawyer a few minutes with them, the lawyer will turn the story around until it seems like the doctor was an insensitive, uncaring creep who was only there for the money. (Talk about projecting! They’re the ones who don’t care what damage they do to people, so long as they’re making a buck!)

Think Online Rep Doesn’t Matter? Think Again!

August 15, 2024July 27, 2010 by Jeffrey Segal, MD, JD

Most of us who live and work in the Real World barely have time to read email, let alone think of the Internet as having any serious impact on us. After all, that’s all just electronic, virtual reality. We operate in the tangible, corporeal world, right? Don’t be too sure about that. Many aspects of a physician’s career are intangible. The education, for example, is just represented by that piece of paper on the wall. The education itself is an intangible. One’s reputation is another essential, intangible asset. But with the Internet, your reputation (far more so than an education) has the potential to be in a constant state of flux. Even if you have 20 people saying how wonderful you are for every one person who claims you’re a quack, it’s still that one bad comment that is going to get the attention and ruin your reputation. It really should be expected, because the content patient doesn’t make it their life’s work to discredit you with their allegations. Remember, an allegation is all it takes. People think “Where there’s smoke, there must be some sort of fire,” so they move on a physician who may be nowhere near as highly experienced as you, but who also hasn’t had the chance to rack up any bad feedback yet. So you get the bad rep, and the new guy gets the patient.

Fighting Back Against the Changes

August 15, 2024July 22, 2010 by Jeffrey Segal, MD, JD

This past year has seen a tremendous number of changes in the health care industry. The entire health care reform debate raged and ranted, whined and squeaked and finally got signed. There have been strings of action and inaction, push and pull, Congress extending physicians’ payments for a month at a time, (when they could as easily have applied a six-month bandage) as the administrative offices played catch-up with the paperwork. But last month, that all stopped. The administrative agency declared that they would NOT pay on the presumption that Congress would fund it retroactively… and since then, Congress has done nothing to resolve the problem. That’s right. Doctors have simply been working for 21% less, trusting our government to make it right eventually. But this time, it isn’t happening.

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