Cameras in the OR. And Promises Plaintiff’s Attorneys Will Never Get to Peek.

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the … Read more

If You Could Change Just One Thing About Healthcare: Tort Reform

If you could change just one thing about healthcare in the United States, what would it be? The issue of healthcare reform is certainly far from resolved. Access to care is about to be an even greater task to tackle. The rising cost of healthcare springs eternal. Tort reform is certainly high on the list.

It’s likely many objective opinions would choose Tort Reform. The reason is simple enough: tort reform affects more aspects of healthcare than anything else. Let’s take a look at the various aspects tangent to Tort Reform, and how real reform would significantly impact those areas.

The most obvious is the cost of medical malpractice insurance. If there were caps in place, insurance carriers would assume lower liabilities, so they could charge less. But this has a ripple effect. When doctors don’t pay as much for insurance, they don’t need to charge the patient as much for care. That results in lower health insurance premiums, too.

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Medical provider securing mask and medical gear before getting to work on a patient

HCR: A Silver Lining Is Still Only Found in a Storm

It’s said that every cloud has a silver lining. The “reform” of health care is a far cry from the tort reform this country so desperately needs, but there is an up-side. Abusive insurance company practices are about to come to a grinding halt. In this one sense, the practice of medicine will return to its rightful place, between the doctor and the patient.

A good part of what precipitated the health care reform bill was just such abuses. People who were canceled for pre-existing conditions — even when those conditions didn’t represent a major cost to the health insurance company — finally have retribution. Starting in September, rescissions will no longer be allowed, except in the case of fraud. And if an insurer wants to claim fraud, it must provide the affected customer at least 30 days’ notice for time to appeal.

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Notes from a Plaintiff’s Attorney: Avoiding Liability in “Casual Care”

By Dr. JD, a plaintiff’s attorney, practicing in the Northeast

We continue our series of articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant. Please give us your feedback – and let us know if you find the series helpful.

You are relaxing at your town’s July 4th barbecue, waiting for the fireworks. As you doze in your lawn chair, your neighbor taps you on the shoulder. “Doc, can I show you a spot on my arm that’s got me a little worried?” he asks.

You are at the PTA bake sale. The class dad next to you leans over and whispers, “Can I ask a favor? I was laid off and I can’t afford to go to the doctor just to get my Nexium prescription renewed. I feel like there’s lump in my stomach with all this stress. Could you just write me a prescription to tide me over?”

You are at your family reunion. Your cousin pulls you aside and takes out a copy of her lab report from an executive health service. She points to where elevated liver enzymes have been flagged. “What does this mean?” she asks.

You have been asked to offer a diagnosis, to prescribe and to evaluate clinical findings, all by people who are not your patients but are connected to you as friend or family, a setting usually referred to as “casual care”.

What do you do?

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Personality Profile and Specialty Choice

I’ve often wondered whether medical students are attracted to a particular specialty because of their personality type; or whether their personality adjusts and evolves based on their specialty choice. The answer is it’s probably a bit of both. One academic medical school website delved a little deeper into the question. They noted that surgeons, for … Read more

Mature female doctor discussing medical report with nurses in hospital hallway

Ebola and HIPAA. Who, Me?

When Ebola became big news at Texas Health Presbyterian Hospital, the names of infected patients also become news. Many have scratched their heads wondering how these disclosures failed to trigger HIPAA concerns.

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Finally: An End to Malpractice Litigation?

Originally published in Medscape: March 05, 2015 (reprinted with permission)  http://www.medscape.com/viewarticle/840337

A Sensible Alternative to Our Broken System?

As every physician knows, our tort system is broken. Various solutions have been suggested over the years, only to fade away. But now, a promising new system for patient compensation in cases of medical error is being proposed in two states: Georgia and Florida. It makes sense for doctors and patients alike, and for our healthcare system as a whole.

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Close up of gavel in court room

Father Banned From Delivery Room: Citing Privacy Concerns

A New Jersey judge ruled that pregnant women are entitled to strong privacy protections. If they want the father banned from the delivery room, so be it. The judge wrote: “Any interest a father has before the child’s birth is subordinate to the mother’s interests,”…. “Even when there is no doubt that a father has … Read more

Male doctor talking to a man in a suit

A Spanking for an Internist Who Failed to Provide an Interpreter for Deaf Patient

One must have a great deal of patience to wade through the text of the American with Disabilities Act (“ADA”). In addition, different courts in the various federal circuits have arrived at conflicting interpretations. And a recent ADA case affecting physicians gives pause for thought. Here, a rheumatologist in New Jersey, Dr. Fogari was on the receiving end of a $400,000 verdict against him, including punitive damages. To add insult to injury, punitive damages are generally not covered by professional liability insurance. And, it is unclear the underlying ADA case itself was even covered.

The Situation

What happened? The court concluded Dr. Fogari’s transgression was failure to provide an interpreter for his deaf patient. Such an interpreter apparently costs ~$150 to $200 per visit. And Medicare only reimbursed ~$49 per visit. Apparently, Dr. Fogari communicated by exchanging written notes with the patient assisted by family members.

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