Jeffrey Segal, MD, JD - Medical Justice

Drug Manufacturers Back For a Second (Make that Third) Helping At Healthcare Reform Table

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

It seems they’re all coming out of the woodwork, demanding something in exchange for supporting the proposed health Care Reform bills. The drug companies are just the latest to announce that they “won’t be able to support” the bill unless it provides them with twelve years of exclusivity for expensive prescription drugs. (Since when do all of these Special Interest groups even have a say in the matter? Just sell your products as best you can on the open market!) In the final moments before the vote, at least one state was promised that the Federal Government would pay all the increases in Medicare costs for their state — forever — if their representative would vote in favor of the bill. Then, before that… oh, wait, that was the drug companies again.

Wasn’t it the drug companies who had just raised prices in anticipation of more windfall profits from all the newly insured? There was even an article in some big-city paper about it, and how it was the same way once before, when Medicare was expanded or somesuch. But isn’t it poor form to go back for seconds before everyone has had their first helpings?

Sure, companies are for-profit. Can’t very well blame them for trying to do what they’re built to do, can we? Then again, there’s another saying: “I don’t mind you making a profit, but do you have to make it all on me?!”

Calling Out Burris; Senator Roland Burris Offers Weak and Inaccurate Excuses In Lieu of Tort Reforms

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

One would think a junior Senator who was appointed by an ousted Governor to take President Obama’s vacated seat would realize that he needs to be a quick study and know what he’s talking about — especially since he’s made four unsuccessful bids at being voted into public office. One would think that the subject of Tort Reform would be on the mind of one of the two senators to represent a state as influential as Illinois. One would think Senator Burris would be able to get the material facts straight. Unfortunately, though he’s one of the 100 votes, it would seem the appointed incumbent remains largely and disappointingly clueless on the subject of Tort Reform, an essential aspect of Health care Reform.

I wrote Senator Burris as a private citizen, expressing my concerns about the upcoming Health Care Reform vote, and the need for Tort Reform within that legislation. His reply is decidedly lacking in substance:

“Medical malpractice lawsuits serve as an important method of recouping lost income, medical expenses, and restitution for pain and suffering in cases where a physician, hospital, or other health provider acts negligently. A person who suffers debilitating injury, due to misconduct, deserves an avenue to seek justice. Our great legal tradition dictates that a jury of peers makes determinations of this kind.”

No one would argue against the idea that a patient who was actually injured by negligence should be compensated. Unfortunately, the Senator is suggesting that this is a binary issue; Burris is essentially saying that we must either allow no law suits at all, or allow any fool with filing fees to sue anyone at any time without cause. No one is suggesting that we abolish all avenues to seek justice. What we are saying is that the system itself should be just; and not impose unnecessary and unfair burdens upon doctors and other health care professionals. What the senator chooses to ignore is that the current system is largely open season on doctors, and anyone and everyone gets to take a pot-shot at them, in hopes of hitting a jackpot. We’re not trying to get rid of all lawsuits against physicians, just working towards improving the system so that it is more honest and fair, so that doctors don’t have to stop everything and spend small fortunes to defend against every greedy jackpot lawyer in the country. That’s why we call it tort REFORM, Senator, not prohibition.

CBO Advises Congress: Tort Reforms Would Save $54 Billion!

August 15, 2024January 9, 2010 by Jeffrey Segal, MD, JD

The Congressional Budget Office has spoken: Tort Reforms would lower costs for heath care and would not create an increased risk to patient health. In fact, they’d lower costs and increase revenues. How much? About $54 billion over the next 10 years!

Where would the $54 billion come from? Not all of it would come out of the pockets of the unscrupulous Medical Malpractice plaintiffs. A good share of that money would be from reducing defensive medicine and lowering Medical Malpractice Insurance premiums. The simple fact is that frivolous lawsuits, (or more accurately, the costs of defending against them,) are sapping this country’s thin resources. So why aren’t our legislators fighting back?

Here’s an excerpt from the letter, which can be read in its entirety at http://www.cbo.gov/ftpdocs/108xx/doc10872/12-29-Tort_Reform-Braley.pdf:

“Studies by Kessler and McClellan, and by Sloan and Shadle found that state tort reforms had no significant effects on health. Similarly, a study by Baicker, Fisher, and Chandra found that there was no significant association between mortality and malpractice costs.”

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.

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