Jeffrey Segal, MD, JD - Medical Justice

“What You Can Do For Your Country!”

August 15, 2024October 20, 2009 by Jeffrey Segal, MD, JD

When JFK made that famous inaugural speech on January 20, 1961, he probably wasn’t thinking of the healthcare reform issues which would come to a head nearly 50 years later. Nevertheless, “Ask not what your country can do for you, but what you can do for your country” still rings true today.

When Barack Obama took office 48 years later, in his inaugural speech, he told us something similar. He said that the government would not make the changes for us, but that it would help us make them for ourselves. This universal truth holds strong throughout all of our lives. Others may help us, but the change must begin with us, and it is we who must see those changes through to complete fruition.

Anything For a Buck! “The following illustrates why members of the public may hold cynical views of the legal profession.”

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

A recent case that appeared before New York Supreme Court Justice Emily Jane Goodman demonstrates the true motive, method and means behind plaintiff attorneys and lawsuits.

For background; a patient, Victoria Kremen, had a double mastectomy after an alleged misdiagnosis of breast cancer. She hired a law firm to sue the physician, but the case was dismissed because the law firm she hired apparently missed the deadline for filing within the 2.5 year statute of limitations. Then the patient sued the law firm for malpractice, in that they missed the filing date.

Originally she was awarded judgment, but lost on appeal. In that ruling, the judge stated that she had not diligently pursued her own medical malpractice claim. So the suit against the law firm was dismissed. But wait, it gets better! The law firm then counter-sued the patient, asking for $6,000 in fees, amounts billable to the case that they lost. Justice Goodman heard the case. Her ruling includes “The following illustrates why members of the public may hold cynical views of the legal profession.” She went on to categorize the case against their former client as “nonsensical and frivolous”. Thank you, Justice Goodman.

Medical Self-Diagnosis; Fool for a Patient and a Dangerous Amount of Knowledge

August 15, 2024October 13, 2009 by Jeffrey Segal, MD, JD

There’s an old adage: The doctor who treats himself has a fool for a patient. That’s doubly true of the patient who treats himself. There’s nothing at all wrong with everyone being well-versed in a variety of subjects, including health care. So what’s the issue? At the bottom line, it’s a matter of objectivity.

A physician considers the patient’s input invaluable to diagnosis and treatment. The patient knows what feels how, where and when, knows when his or her body is “off,” and that helps doctors form a diagnosis. It’s also regularly true that the symptom can be caused by something seemingly removed and unrelated. The correct diagnosis is possible because of the doctor’s training, intuition, and ability to remain objective. If a physician were to only look in the direction the patient suggests, accurate diagnosis would be very difficult indeed.

Sugar Tax?

August 15, 2024October 8, 2009 by Jeffrey Segal, MD, JD

Several possible “remedies” have been suggested to help fund healthcare reform. Proposals include a tax on soft drinks and other high-carbohydrate foodstuffs. Wouldn’t this have the added benefit of curbing the American habit of consuming the junk that leads to obesity and diabetes? At first glance, that may seem like a reasonable proposal, but there are some very big issues beneath such a tactic.

Why not move a step closer to the source and impose that tax on sugar and corn syrups when they are manufactured (or when sold to the ‘junk’ food manufacturers)? This would be more efficient to administer and easier to collect. But how would we be assured that the funds created by such a move go directly to lowering health insurance costs? Generally speaking, funds generated by such plans are easily diverted.

Doctors & The Free Market System

August 15, 2024September 29, 2009 by Jeffrey Segal, MD, JD

We all know that when supply increases, prices go down and, of course, that product is more readily available. If there’s a glut of potatoes, chances are good that the grocery stores are going to have a sale on them, offering substantial savings. Conversely, when there is limited supply of something, prices go up and fewer people can have that item. (The iPhone comes to mind. By limiting its availability, they’ve made the things wildly popular, desirable, and profitable. )

As we consider ways to improve health care and its costs in this country, perhaps we should be thinking of physicians as the valuable economic resource to society that they are. We clearly have an impending shortage of physicians to address the demographic tsunami – Baby Boomers entering Medicare age. And the lead time to train adequate capable physicians to address this trend is measured in years, not months. The fewer physicians available to take care of the public, the more expensive care will be. We should be doing all we can to make the practice of medicine inviting, so there are enough talented individuals to deliver care…. Makes sense, doesn’t it?

Your Reputation On the Line

August 15, 2024September 29, 2009 by Jeffrey Segal, MD, JD

FMA Magazine Fall Volume 2009, Number 4; Pages 26 to 29 By: Jeffrey Segal, MD, JD, FACS

Demands For Refunds on Dental Work? Yes, they ARE serious!

August 15, 2024September 25, 2009 by Jeffrey Segal, MD, JD

When it first started, most thought it was a joke, a hoax or a fluke. Could someone seriously be demanding a refund because they didn’t like the way their dental work turned out? Never underestimate the power of greed and ignorance. Some patients have attorneys trying to get them refunds for dental work now. If you don’t think this is preposterous, you may want to have a closer look.

To be fair, let’s put this into neutral ground. Say you’re a mechanic. The client brings in their vehicle wanting new tires, and asks you to check out a “clunking” sound heard in the front end when cornering. You find the problem, change out the part, install their tires, balance it, and send them on their way. Then, weeks or months later, you get a letter from their attorney. They’re saying they don’t like the way their car looks with the new tires, so they want you to refund the money paid — all of it. Does that seem fair or make sense to you?

Physicians Take The Patient’s Side

August 15, 2024September 24, 2009 by Jeffrey Segal, MD, JD

Ask a dozen people what one word describes a doctor, and you’ll likely get a couple dozen answers. Caring and Healer come up a lot.

Ask a dozen doctors why they went into medicine, and the number one answer is that they wanted to help people… and they still do. Every day doctors see people who are hurting and need help. Sometimes it’s a simple thing — an antibiotic or a couple stitches. Other times, it may be a complex paradigm with many mitigating factors. Regardless, people come to the doctor for help, cures, easing of pain… and in most cases, the doctor is able to provide the cure for what ails them. Doctors dedicate their entire lives to making people’s lives better.

Reid & Baucus in the China Shop; First, Do No Harm!

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

Senate Majority Leader Harry Reid is now threatening to employ Reconciliation, a procedural budget maneuver, to push Baucus’ proposed Health Care Reform legislation through, bypassing normal methods and avoiding a potential filibuster. But this bill, which currently has over 500 amendments and is still in nearly constant revision, has no provision for any sort of … Read more

Tweet Not — Focus on Tort Reforms!

August 15, 2024September 22, 2009 by Jeffrey Segal, MD, JD

This is just one of the reasons why Tort Reform is so foundational to health care reform… The patient’s focus should be on getting well, rather than Tweeting potential basis for a lawsuit to the world…he patient’s focus should be on getting well, rather than Tweeting potential basis for a lawsuit to the world.

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