Jeffrey Segal, MD, JD - Medical Justice

Did Ya Ever Hear The One About The Doctor Who Sued The Patient?

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

Sounds like the opening line of a joke, doesn’t it?

But what’s the punch line?

There isn’t one. It just doesn’t happen. At least it didn’t used to. Doctors have always been far more compassionate than their patients in that regard. But with the way things are going with Healthcare Reform, you can count on things being different. If tort reform isn’t included, the doctors will be left with no choice but to fight back, or find a different profession.

Everyone would be better off if a different future were to unfold:

A lawyer calls the plumber because a faucet in his bathroom is leaking. The plumber arrives, carrying a box of tools under his arm. Twenty minutes later, the leak is fixed, and the plumber presents the attorney with his bill.

“Two hundred dollars!” the attorney exclaims, “I’m a medical malpractice lawyer, and I don’t make that kind of money!”

“Neither did I,” the plumber replies, “when I was a medical malpractice attorney.”

Physicians’ Trysts with Patients: Yes, It’s Common

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

This summer, Sansone and Sansone published Crossing the Line: Sexual Boundary Violations by Physicians in Psychiatry (Edgemont) 2009(6): 45-48. They reviewed public Board actions against doctors for such violations. They also reviewed studies of questionnaires sent directly to doctors. Not much had previously been written on the topic. Regarding Board actions: Sansone focused on a … Read more

Medical Malpractice Attorneys Dislike Medical Justice – Here’s Why

August 15, 2024December 30, 2009 by Jeffrey Segal, MD, JD

If Medical Justice files a countersuit, it could very well be a lot more on the line than not being able to collect contingency fees. He could end up having to pay Medical Justice money — cash out of pocket!

A Patient Has Surgery, Then Stops Payment on Post-Dated Check. Now What?

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

We recently heard from a surgeon who told us about one of his upstanding patients.

The patient wrote a post-dated check for a surgical procedure. Surgery went well. Unbeknownst to the doctor, the patient stopped payment on her check. She followed up in the office the next day for routine post-op evaluation. No problems were noted. The patient was instructed to return at two weeks. She was a no-show. She resurfaced in the emergency room of a hospital 5 weeks post-op with an E.coli wound infection. Anyone have a hypothesis as to how the wound became infected?

Fortunately, the patient recovered with minimal intervention. Several weeks later, an attorney sent a note asking for the records.

Senate’s Ugly Christmas Present; The Frankenstein Healthcare Reform

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

The U.S. Senate is very busy congratulating itself, slapping each other on the back for the Christmas present that they rushed through to give this nation. Let’s go ahead and open that gift. The little tag says:

TO: The American People
FROM: Your Elected Representatives

Let’s have a look at what they bought us with our money. The gift wrap says “Health Care Reform” all over it. But as I peel back the wrapping paper, the box underneath looks like it might be a science kit. How exciting! I expected something like another purple and green necktie. Look at this!

Wait, it’s actually two boxes! Double score? No, we still have to put them together.

Opening the box, I find we still don’t really know what all is in there. Tons of little parts, nuts and bolts and widgets and gadgets. Nebraska gets free Medicare increases in perpetuity, for example. And what’s this? Looks like the insurance companies can’t “discriminate” against pre-existing conditions by charging more. Wonder how that will fit in. Most likely, they charge more for EVERYONE, so that the pre-existing conditions aren’t being singled out; We’ll all be equally overcharged. Hrm… I could be mistaken, but it looks like something crucial is missing: Where is the Tort Reform? How can we possibly have Healthcare Reform without stopping greedy individuals from mercilessly badgering the healthcare providers?

Electronic Records and Malpractice Risks

August 15, 2024December 17, 2009 by Jeffrey Segal, MD, JD

Will electronic records raise the legal standard of care and increase malpractice risk? Originally published in HCPLive.com by Robert J. Mintz, JD As EHRs are widely adopted and the quantity of information about a patient expands dramatically, does provider liability increase even if the quality of care is vastly improved? Will electronic records raise the … Read more

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.

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