Balancing Shared Interests of Patients and Doctors

This week, the national media continued its coverage of our services to protect physicians from Internet defamation. Several of these stories used the attention-grabbing headline of “gag order.” This statement could not be farther from the truth.

Mutual privacy agreements do not create a choice between healthcare and one’s right to free speech (as some have erroneously claimed). We recognize that medical errors can and do occur. There are existing processes and viable venues where patients can report bad experiences with physicians. For example, other doctors, lawyers, friends, state licensing boards, civil court and more.

We are not only doctors. We are patients and want to be able to choose the best healthcare professionals available so we receive the highest quality care. We agree that viable, actionable and statistically significant feedback is beneficial to patients and doctors alike. Unfortunately, most current rating sites fail at these criteria. We are diligently working to develop such a mechanism, utilizing the Internet, as an integral part of our long-term solution.

What are the facts?

Who we are: We are Medical Justice, an organization that is focused on serious proposals for reforming the entire healthcare system, not just for physicians, but also payers, and patients. These proposals, as well as discussions of our core offering, have been published in a number of peer-reviewed journals and presented at scientific, legal, and policy conferences.

How we’re involved with the issue of online defamation:

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Censorship, or Sensible Citizenship?

There is an excellent article posted today on the Presdio Insurance website. Take a look at the article here; http://www.presidioinsurance.com/news/?p=362 This is an unsolicited and unbiased article. It does a great job of cutting through the hysteria of “censorhsip” and provides real clarity around the undelying issue. Thanks Presidio!

Our Goal, Transforming Healthcare

You may have seen Medical Justice in the news lately: NYT (2/17/09), FOX News (2/19/09). Although Medical Justice Founder and neurosurgeon Dr Jeff Segal has highlighted the issues from a physicians point of view, some have criticized our program as a “gag order.” This could not be farther from the truth.

Medical Justice: Our organization is focused on serious proposals for reforming the entire healthcare system, not just for physicians, but also payers, and patients. These proposals, as well as discussions of our core offering, have been published in a number of peer-reviewed journals and presented at scientific, legal, and policy conferences.

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Noted Rater of Restaurants Brings Its Touch to Medicine – NY Times

We continue to espouse the dangers of sites where patients can “rate” doctors. Medical care is simply far too complicated for such a simplistic approach. Today’s New York Times article “Noted Rater of Restaurants Brings Its Touch to Medicine” by Milt Freudenheim, discusses the Zagat-Wellpoint venture into a doctor ratings guide. The article cites Medical … Read more

The Octuplets: Standard of Care and a Lawsuit?

Patients often make requests for procedures that run counter to the doctor’s better judgment. Acceding to a patient’s wish, even after informing of dire consequences, can create a cascade of legal headaches for the accommodating doctor.

An extreme example is illustrated by a rare condition known as body integrity identity disorder (a subset categorized by the esoteric label – apotemnophilia- great trivia question). Here, the patient suffers from the desire / compulsion to have his limb amputated; the premise being that he would be happier living life as an amputee. Many such individuals seek surgical treatment; and most surgeons balk at participating. A rare cohort will bend if the patient has failed all other types of treatment, such as psychotherapy or medication. Not surprisingly, just informing the patient there are significant risks of amputation, such as bleeding, infection, phantom limb pain, and death will not immunize the doctor if such risks materialize.

“Just doing what the patient wants” made headlines recently. Here, a woman with six children allegedly had eight embryos implanted by a fertility clinic.

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Kevin MD

Kevin MD writes today about our thoughts on reforming health care. Check out the post at; http://www.kevinmd.com/blog/2009/02/universal-care-increasing-patient.html

Concerns of Defense Counsel Answered

We are often asked by potential members, how would Medical Justice work with my defense counsel. We thought it would be a great idea to let an attorney answer that question. The bottom line is that Medical Justice is time tested, proven protection for physicians.

Healthcare Reform in 2009: Just What The Doctor Ordered

I often attend health policy discussions. I am usually the only physician in the room. My colleagues lament they just do not have time to make their voices heard. As healers, our first duty is to care of the sick and disabled; and to provide comfort when we have little else to offer. I hope the public will listen to one doctor’s voice.

We have many problems to solve: access to healthcare for the uninsured; affordable premiums for those with coverage; outcomes that provide value and keep patients safe. These goals can be realized.

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Limiting Exposure to Medical Malpractice Claims and Defamatory Cyber Postings via Patient Contracts

Clinical Orthopaedics and Related Research Volume 467, Number 2 / February, 2009; Pages 427-433 By: Jeffrey Segal, MD, JD, FACS and Michael Sacopulos, JD Full article located at: http://www.springerlink.com/content/l70470072p905200/?p=d3a3c9ac51be47b0a29d3cdf9fe67fb2&pi=14 Abstract The documents patients sign on admission to a medical practice can constitute a legal contract. Medical practices around the country are attempting to use these … Read more

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