Healthcare Reform - Medical Justice

Not on call. Just finished a large glass of wine. The ER calls. What to do?

August 15, 2024July 11, 2014 by Jeffrey Segal, MD, JD

Most physicians wake up every day intending to do the best possible job and help their patients. They work long hours, sacrifice a normal family life, and don’t always receive a thank-you note.

Digest the following hypothetical.

You and your partner are the only neurosurgeons for a small community of 50,000 people. The draw area is larger, say 250,000. The closest major metro area is 80 miles away. And that city has a medical school, teaching hospitals, and full service trauma treatment.

You and your partner alternate call for both the practice and the ER.

Your partner is on call.

You’ve had a long week, and are ready to kick back. In anticipation of the weekend, you just finished a large glass of Cabernet. Yum.

The ER calls and you pick up the phone. You didn’t have to. But you did.

Agreements to allow a doctor to respond to a patient’s untruthful online post.

August 15, 2024July 4, 2014 by Jeffrey Segal, MD, JD

Recently, a doctor asked our thoughts on whether his standard HIPAA Notices of Privacy Practices could be amended to allow him to disclose protected health information online “to set the record straight.” His goal was not to debate a patient’s opinion. Rather, he wanted to be able to refute factually inaccurate online statements without … Read more

Can a Board of Medicine Discipline a Doctor for Participating in State Sanctioned Execution?

August 15, 2024June 27, 2014 by Jeffrey Segal, MD, JD

Botched executions are in the news again. The vast majority of states that allow for state sanctioned death penalty perform the execution via a three drug protocol. The first drug is an anesthetic – such as propofol or a barbiturate. The second drug is a neuromuscular paralytic agent. The final drug … Read more

Consent to Use Before and After Photos. Lessons from a Multi-Million Dollar Lawsuit

August 15, 2024June 20, 2014 by Jeffrey Segal, MD, JD

Summary judgment was granted on June 10th to plaintiff Catherine Manzione in a multi-million dollar lawsuit. That means the plaintiff won without even having to present her case to the jury. The judge granted the motion noting there are no disagreements on the facts of the case. In that circumstance, the judge merely needs to … Read more

Does Your Practice Accept Cash? Ever Heard of Form 8300?

August 15, 2024June 6, 2014 by Jeffrey Segal, MD, JD

Most patients pay via insurance, check, debit card, or credit card. I’m guessing a handful of practices accept bitcoins. And, yes, every practice accepts cash.

Did you know that if you receive over $10,000 in a trade or business, Form 8300 needs to be filled out and sent to the IRS? Is medical care considered such a “trade or business?” Let’s analyze.

Medicaid – Medicare Parity. Be Careful Before Cashing the Check.

August 15, 2024May 30, 2014 by Jeffrey Segal, MD, JD

The phrase “Medicaid – Medicare Parity” typically draws a blank stare. A recent article by a healthcare attorney, Ericka Adler, described the presumed benefit of Medicaid – Medicare Parity and how one practice got close to going off the edge of a cliff. The Affordable Care Act contains a provision allowing certain physicians to … Read more

Did John Edwards Just Pocket $4M in a Med Mal Case?

August 15, 2024May 23, 2014 by Jeffrey Segal, MD, JD

Faithful readers will recall blog we presented several weeks ago: Guess Who’s Back Trying Med Mal Cases? John Edwards. To refresh: Edwards, 60, is one of three lawyers representing the parents of a 4-year-old Virginia boy who was 3 months old in 2009 when he was under the care of physicians and staff … Read more

Notes from a Plaintiff’s Attorney: Liability issues in telemedicine

August 15, 2024May 16, 2014 by Jeffrey Segal, MD, JD

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.

“Telemedicine” is a term that covers any use of electronic communication technology to convey medical information. It can be as basic as seeking a consultation or as advanced as robotic surgery. Teleradiologists and telepathologists use electronic communication to send radiographs and specimen images for diagnostic or consultation purposes. Pacemakers, electrocardiograms and oxygen saturations can be evaluated electronically by telecardiologists. Computer enhancement assists in the diagnosis and treatment of skin lesions in teledermatology. Electronic stethoscopes can be used to auscultate heart and lung sounds during electronic house calls in tele-home health care. Telepsychiatrists can have therapy sessions with patients who are unable to come to their office. Panels such as tumor boards and ethics committees can tele-conference with specialists.

You will probably eventually be involved somehow in telemedicine, either as a consultant or as a seeker of consultation. Be aware of the liability issues.

A Tough Dilemma: Disclosing to Patients They May have Been Exposed to Creutzfeldt-Jakob Disease

August 15, 2024May 2, 2014 by Jeffrey Segal, MD, JD

Earlier this year, a number of media outlets reported that a North Carolina hospital was attempting to contact 18 neurosurgical patients who might have been exposed to Creutzfeldt-Jakob Disease (CJD). The potential source was a patient who had symptoms of CJD and had a neurosurgical procedure. Standard surgical instrument disinfection techniques are ineffective against … Read more

Guess Who’s Back Trying Med Mal Cases? John Edwards.

August 15, 2024April 19, 2014 by Jeffrey Segal, MD, JD

After a restful interlude, John Edwards has returned to his core competence – suing doctors.

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