Jeffrey Segal, MD, JD - Medical Justice

Court Says Don’t Sleep With Your Patient

August 15, 2024December 14, 2009 by Jeffrey Segal, MD, JD

This is one case you’d prefer not to have to defend in court.

In Thierfelder v. Wolfert, Pennsylvania Supreme Court answered the question of whether medical malpractice occurs when a doctor has an extramarital sexual affair with a patient he is treating for anxiety and depression. A little background.

David and Joanne Thierfelder, husband and wife, were both treated by Dr. Wolfert. Dr. Wolfert prescribed Joanne different medications for her depression and anxiety. While still being treated by Dr. Wolfert, Joanne confessed strong feelings for her doctor. This happens. Dr. Wolfert and Joanne soon began a consensual sexual relationship. No one told David, Joanne’s husband. At least not for a while.

Urgent Call for Action Against Proposed BoTax

August 15, 2024December 10, 2009 by Jeffrey Segal, MD, JD

The Botax is far more expansive and reaching than just 5% on Botox enhancements! The tax would also be imposed on products such as includes wrinkle fillers and teeth whitening. (Colgate, are you listening?) More serious things like prophylactic mastectomy, male breast reduction and rhinoplasty, are just a few of the procedures paid for out of the patient’s pocket, and susceptible to this tax. A patient’s health and well-being go far beyond a pulse and respiration. Self-image concerns like these are not a luxury. They are essential to a whole, healthy human being!

Senate Rejects Caps on Attorney’s Fees, Snubs Healthcare Reform

August 15, 2024December 7, 2009 by Jeffrey Segal, MD, JD

Yesterday the U.S. Senate voted AGAINST lowering the cost of healthcare reform and FOR their fellow attorneys. By a 2/3 margin (32-66) they rejected the amendment proposed by Senator John Ensign (R, NV) which would have limited plaintiff’s attorneys to a reasonable and customary fee.

The amendment would not have capped the amount of a judgment, only the portion which an attorney could get out of the judgment. The cap? One third of the first $150,000 and 25% of everything above that. Sounds like a pretty sweet deal for the attorney, even at that rate! How many of us would like to get $50,000 for one case, let alone another 25% of everything above $150k?

Defining Frivolous Lawsuits

August 15, 2024December 2, 2009 by Jeffrey Segal, MD, JD

In English, a word can have many meanings. It’s important that we understand the term “frivolous,” as it relates to medical malpractice claims. “Frivolous” is at the heart of the problem and is a core concern of the system by which we provide our nation with wellness.

According to Merriam-Webster, the term comes from Middle English, from the Latin “frivolus,” about the 15th century. There are two root meanings:

1) Having little weight or importance, or no sound basis in fact or law

2) Lacking in seriousness, or marked by unbecoming levity.

When we use the term in regards to claims of medical malpractice, we generally employ the first meaning, that the suit has no sound basis in fact or law. Contrary to the first part of that definition, though, any medical malpractice claim is important and constitutes a considerable burden, so it does have weight, and is serious. There’s nothing funny about being named in a baseless lawsuit.

Should you worry that patients will use the Web to grade you?

August 15, 2024December 1, 2009 by Jeffrey Segal, MD, JD

OBG Management December 2009 – Volume 21 – Issue 12 – p 21, 22, 23, 27, 28 By: Jeffrey Segal, MD, JD, FACS Michael Sacopulos, JD Download OBGManagement_Dec2009

With 60 Votes, Senate Poised to Talk About Healthcare Reform

September 17, 2024November 25, 2009 by Jeffrey Segal, MD, JD

It was Breaking News and “Stop The Presses” when the media announced earlier this week that the Democrats had enough votes to bring Healthcare Reform to the floor. It was said that they are poised to enact a sweeping healthcare reform bill. That might even be true, if was something to act upon.

The House patched together their bill, and pushed it through. Now the Senate gets to go through the process all over again; discuss the merits, hear propositions, alternatives, and yammer away in an Oscar-worthy performance intended to give us the impression that they have toiled, shed blood, sweat and tears to produce legislation for which we should be grateful and appreciative. They’ll go so far as to suggest it is unpatriotic not to appreciate their earnest efforts. Academy hopefuls take note.

Lincoln, Healthcare and the Antebellum Lawsuit Problem

August 15, 2024November 23, 2009 by Jeffrey Segal, MD, JD

SurgiStrategies Magazine By: Jeffrey Segal, MD, JD, FACS November 23, 2009 Click here to read the full article

A Funny Thing Happened On the Way To Reform

August 15, 2024November 23, 2009 by Jeffrey Segal, MD, JD

After the last election, when this nation began discussing “The Issues”, the Vice-President-elect asked us to gather in groups all across the country to discuss the things we were most concerned with, and what solutions we might have for those problems. Needless to say, healthcare reform was near the top of the list. Specifically, people wanted universal healthcare coverage, and began think-tanking ways to afford it.

Then came the inauguration and the journey towards “walking the talk”. In the months since, the country has felt a wide variety of emotions and thoughts about the people we elected, from the President on down to the hundreds of members of the House. Some have cheered; others have groaned and moaned, as some sort of vague concept of Healthcare Reform began to emerge. What became most clear, though, is that this is not the Healthcare Reform that most of us had in mind.

Breast Cancer Screening

August 15, 2024November 18, 2009 by Jeffrey Segal, MD, JD

By now, most of you have probably heard about the suggested new standards for breast cancer screening; including raising the age from forty to fifty, performing tests less frequently, and perhaps even having doctors stop teaching women to self-examine for lumps. There are reasons cited by people on both sides of this subject. There are … Read more

AMA and AARP? Oh Really?

August 15, 2024November 12, 2009 by Jeffrey Segal, MD, JD

President Obama stated that the American Medical Association and the American Association of Retired Persons both support the proposed healthcare reform bill. That’s not earth-shattering, until you think it through and realize how absolutely and ridiculously unlikely that statement really is.

The AMA claims to represent the physicians of the nation. In fact, though, they represent only a small fraction of the doctors in the United States. Their numbers have been in sharp decline for years. Some say that if they didn’t claim copyright and gain licensing money from the Procedures Codes, the AMA would have folded long ago.

Similarly, the AARP has come under scrutiny from allegations of some rather dubious advertising selections. It seems the AARP only recommends things that make them a lot of money. The organization is reported to gain fees from all manner of things that are supposedly better choices for their retiree members. Think there might be just a tad bit of bias there?

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