Jeffrey Segal, MD, JD - Medical Justice

HealthCare Reform Coming Home To Roost

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

It didn’t take long. The health insurance companies didn’t wait before looking for ways to cut corners at the patient and doctors’ expense. Remember the campaign promises that the government wouldn’t tell you what physician you can see… and that’s true. The government won’t be doing it. Your insurance company will.

The first round? Lower premiums are being offered to companies that will accept specific physicians — and only those doctors — for their employees’ care. Been with your family doctor for a decade or more, know and trust him? Too bad. Unless he’s on that little list, you’ll be dealing with your choice of those doctors the insurance company has approved. By what criteria? It doesn’t take much to figure out we’re talking about the least-common-denominator; Whichever physicians are willing to work for whatever peanuts the insurance company is willing to pay.

A World Without Frivolous Lawsuits

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

That’s the dream of many people these days, professionals, their patients and clients alike — a world without frivolous lawsuits. A world where trial lawyers don’t exaggerate or fabricate cases in order to harass good people out of their hard-earned money. A world where a dedicated professional who is doing the right thing to the best of his abilities and in accordance with standard professional practices is not a target for some lazy opportunist. What would such a world be like? Let’s have a look:

Your doctor would spend his time and energy with you, on you and your needs ENTIRELY, instead of covering his backside, dotting I’s and crossing T’s. What’s more, he’ll be better rested, have a more pleasant bedside manner, because he won’t be up half the night worrying about when the next ingrate is going to try to take his life’s work away from him on a jackpot lawsuit.

John Stossel, Tort Lawyers and Defensive Medicine

August 15, 2024July 14, 2010 by Jeffrey Segal, MD, JD

John Stossel recently wrote an excellent editorial entitled “Parasitic Tort Lawyers.” OK, anything with that title will get our attention. While we concede that the headline is a little over the top (although not much) the article is well thought out – and echoes what Medical Justice has said for years. Stossel begins,

Tort lawyers lie. They say their product liability suits are good for us. But their lawsuits rarely make our lives better. They make lawyers and a few of their clients better off — but for the majority of us, they make life much worse.”

Why is this so? Because people are, for the most part, rational beings. If I touch a hot stove and burn my hand, I learn not to touch a hot stove again. Painful lesson, but lesson learned. How does this make our lives worse? When a person gets burned, whatever the reason, that person will naturally avoid that stimulus in the future. If that person is a doctor, and that stimulus is a frivolous lawsuit, the future behavior will be to avoid that stimulus (the frivolous suit) by “protecting themselves” via defensive medicine. If the effects of that behavior only impacted the doctor, then no real harm done. However, that rational, protective behavior (read defensive medicine) impacts our entire healthcare system. So much so, that some studies estimate the impact between $200 and $400 billion dollars per year. That’s billion with a B.

Defensive Medicine: Real and Expensive! Here’s the Solution!

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

The Archives of Internal Medicine recently published an article, “Physician’s Views on Defensive Medicine: A National Survey.” The results were clear and conclusive. Doctors decidedly do order tests which are not medically necessary in order to protect themselves from frivolous lawsuits… and the public pays for them, a part of the cost of receiving healthcare. In order to narrow results down to something conclusive and useful, the doctors surveyed were asked to respond to two statements, shown below. The first proves that 91% of all physicians surveyed order those extra tests and procedures to protect themselves. The second demonstrates that the considered opinion of the doctors surveyed is that they will not stop practicing defensive medicine until they are protected against unwarranted litigation by other means (such as Tort Reform.) There may be no shockers for anyone in the medical community there, and it’s certainly not a new conclusion, but this is current and conclusive information to support the desperate need for Tort Reform as soon as possible.

Here are the statements which physicians were asked to respond to:

Will Smarter Lawyers End Frivolous Lawsuits?

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

An excellent post from the MD Whistleblower blog. How do you know if a lawyer is any good? Of course, they’ve all passed the bar, but now their profession is lowering it. While most of us strive for excellence, and raise our children to value this virtue, prominent legal educators are establishing a new quality … Read more

How To Save On Malpractice Insurance

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

In these tight economic times, no one is immune from the pressures to reduce costs. Major corporations are looking for ways to save money anywhere they can. Airlines are cutting even such seemingly trivial expenses as peanuts on domestic flights and charging ‘extra’ premiums on just about everything. In some ways, the medical profession stands unique and alone. It’s simply not acceptable to reduce the quality of care to save a buck or two. A doctor cannot afford to cut corners when lives are on the line. But there are ways to cut costs.

Just as being proactive about one’s health can reduce costs and suffering by eliminating the problems before they occur or escalate, physicians can lower their expenses with a proactive approach. One of the most sensible and affordable ways to do that is a membership in Medical Justice. Like a few other things in the business world, a Medical Justice membership doesn’t actually cost money. It saves money. Here’s how:

Senate Passes Yet Another Short-Term Extension for Medicare, BUT…

August 15, 2024June 21, 2010 by Jeffrey Segal, MD, JD

On June 18, 2010, the U.S. Senate passed yet another short-term funding of physician’s fees for Medicare. The earlier proposed bill, which would have lasted 6 months and included a 2.2% increase for doctors, was denied by a GOP filibuster. The Republicans complained that the bill’s benefits were not paid for, and refused to allow the national debt to be increased. This leaves health care providers yet again in a lurch.

Had the temporary measure not been passed, doctors would have suffered a 21% reduction in fees. This “Doc Fix” (as its come to be called,) is a stay of execution for both doctors and patients, but only a temporary one. As it is, the reduction in pay was already technically in place, but claims had been paid at the “full” rate in anticipation of a (another) reprieve from Senate.

ONH Issues Temporary Certification Program for EHR, Wait Far From Over

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

Though it won’t be officially published until the 24th, Medical Justice has gotten its first look at the new “temporary” requirements for certification of EHRs. This tome, over 200 pages long, is a mandatory step for software developers of Electronic Health Records software. The software must facilitate record keeping and information exchange in accordance with those standards.

Health care providers who want to be eligible for Medicare and Medicaid EHR incentives payments must be considered “Meaningful Users”; To be considered a “meaningful user,” one has to comply with all of that when applying for Certification. Theoretically, if a doctor’s office purchases Certified software, that should satisfy the requirements.

According to the Health Information Technology site, “Use of certified EHR technology is a core requirement for health care providers to become “meaningful users” and eligible for payment under Medicare and Medicaid EHR incentive programs,” and “The program provides a way for organizations to become authorized by the National Coordinator to test and certify electronic health record (EHR) technology.

Senate’s 6-Month Payment Solution includes 2.2% Increase

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

Physicians who accept Medicare for their services have been through a rough ride, a recurring nightmare of last-minute (and last-second) renewals of their pay budget in Congress. The roller coaster still isn’t over, but at least it seems to be a little bit better. How much? 2.2%, if the Senate’s bill passes. Don’t get too excited yet, though. That authorization is only good through November, and that’s only if it passes. The Congress still hasn’t approved anything enduring, and the Senate votes thus far aren’t promising.

Physicians aren’t the only ones caught on the roller coaster. Patients have also been left in the lurch. Patients turn to their doctors for information and consolation. They want to know that the ability to receive medical treatment from their trusted healer won’t lapse. Unfortunately, doctors are in the dark too. Much as they would like to be able to give comforting news to their patients, honesty requires that they say “I don’t know any more than you do.” Most won’t make their patients worry about their problems, but the fact is that some practices are hanging on by a thin thread, and the Medicare delays make matters worse.

First Professionals Insurance Company, Inc. Endorses Medical Justice Services

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

First Professionals Insurance Company, Inc. Endorses Medical Justice Services

– First Professionals Offers Medical Justice Membership as Benefit to Florida Insureds –

FOR IMMEDIATE RELEASE

June 15, 2010 (GREENSBORO, NC) — First Professionals Insurance Company, Inc. (First Professionals) today announced an endorsed and strategic relationship with Medical Justice Services, Inc; the leading organization offering patented services to protect physicians’ most valuable assets – their practice and reputation – against frivolous lawsuits, Internet defamation and other medico-legal threats. Under the agreement, First Professionals will offer Medical Justice Membership to its Florida-based insureds under a preferred pricing agreement. Medical Justice’s Programs complement the traditional medical malpractice insurance offered by professional liability carriers. The agreement will provide First Professionals’ more than 7,000 policyholders in Florida, with proven, turnkey services that deliver real-world results such as decreasing malpractice suit rates, holding proponents of meritless lawsuits accountable and preventing Internet defamation.

Medical Justice focuses exclusively on the healthcare industry and has addressed the needs of doctors for over eight years. Medical Justice reports its plan members experience a statistically significant reduction in medical malpractice suits.

“Medical Justice provides a variety of services that shield physicians from a number of hazards they encounter in practicing medicine. Their strategies and programs deter frivolous lawsuits,” stated Robert White, Jr., President of First Professionals. “This partnership supports and enhances First Professionals’ longstanding pledge to provide excellent benefits for all of our policyholders. Offering Medical Justice to our Florida-based insureds will be instrumental in mitigating many aggravating situations that affect healthcare providers today.”

Dr. Jeffrey Segal, CEO of Medical Justice, notes, “First Professionals is one of the most progressive malpractice insurance companies in the U.S. We are thrilled to be endorsed by such a high-profile partner and to be part of their service offering. We aggressively address the interests of our members within the changing landscape of medical practice. By offering Medical Justice Membership to their Florida insureds, First Professionals is proactively protecting their clients even more from frivolous medical malpractice lawsuits, Internet defamation and other medico-legal threats.”

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