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

Doctor, How Much Are You Being Paid To Testify Today?

It takes little time reviewing reports of high profile trials to question just how “expert” expert witness testimony is. Almost any trial hinging on highly complex issues, such as health care, requires an expert witness on each side. And where the stakes are high, attorneys may hire multiple experts.

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A Modified No-Fault Malpractice System Can Resolve Multiple Healthcare System Deficiencies

Clinical Orthopaedics and Related Research Volume 47, Number 2 / February, 2009; Pages 420-426 By: Jeffrey Segal, MD, JD, FACS and Michael Sacopulos, JD Full article located at: http://www.springerlink.com/content/m274717241n8621l/ Abstract Medical professional liability in the United States, as measured by total premiums paid by physicians and healthcare facilities, costs approximately $30 billion a year in … Read more

Defaming Doctors on the Internet: Problem and Solution

In innumerable ways the Internet has benefited the public. Online shopping means that goods are available at lower prices and often from a wider variety of sources, both nationally and internationally. That is good news for consumers.

If we want to purchase a car or appliance, for example, there are countless websites displaying consumer reviews from people who purchased the same item. These review sites help us make informed choices for our consumer decisions.

Increasingly, sites such as RateMDs.com take that process a step further, asking the public to rate their physician. For obvious reasons, reviewing a refrigerator is quite different than reviewing a physician. And the downside: it is all too easy for a patient to bad-mouth his physician in an anonymous and public way. With the click of a mouse, such posts can have a detrimental and permanent effect on the physician’s reputation.

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Tort Reform: Helpful But Not Enough

If you spend enough time around a knowledgeable group of physicians (which is not hard to find, after all) discussing issues of medical malpractice, the conversation naturally finds its way to tort reform. Tort reform is of central importance to modern medical practice.

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