Healthcare Reform - Medical Justice

What Does it Mean to be Dzhokhar Tsarnaev’s Doctor?

August 15, 2024April 26, 2013 by Jeffrey Segal, MD, JD

First, let’s dispense with political correctness. I will not use the words “alleged” or “suspect.” We’re all adults here. Dzhokhar Tsarnaev is the younger brother whose bombs killed 3 innocents or maimed scores of participants or bystanders in the Boston Marathon. I was proud to be called a physician that day. Not because of … Read more

Online Treatment of Dogs and Cats

August 15, 2024April 19, 2013 by Jeffrey Segal, MD, JD

Doctors are testing various models of telemedicine. Every state treats the online practice of medicine differently. And, it’s unclear how this will shake out over time. Patients can even obtain sex therapy from a certified therapist – online. As one therapist’s site note: “If the traffic light on the left is green, I am online … Read more

Notes from a Plaintiff’s Attorney: Preventing and responding to complaints

August 15, 2024April 12, 2013 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.

This situation bedevils doctors – a case that becomes a “telephone game” of distorted comments and finally ends up in a complaint that may ripen into a professional sanction or a lawsuit.

It turns physicians into their own worst enemies, first losing sight of how they may be antagonizing those who will later tell the story; then becoming defensive in a way that causes an investigator to conclude there actually was fire under the claimed smoke.

In this column we will look at how to make it stop.

To understand how to head a burgeoning problem “off at the pass” we will look at what happened to a doctor who was actually very conscientious and caring but who still ended up on the receiving end of a serious complaint with their hospital.

First, we need to review my five simple rules of pre-emptive risk management:

Notes from a Plaintiff’s Attorney: Keeping good deeds unpunished – Good Samaritan Laws

August 15, 2024March 29, 2013 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 … Read more

Supreme Court Rules Family Entitled to More Money in Malpractice Settlement

August 15, 2024March 22, 2013 by Jeffrey Segal, MD, JD

This week, the U.S. Supreme Court decided that the state of North Carolina had over-reached and pried the states fingers away from a large portion of a medical malpractice settlement. A little background. In February, 2000, Emily Armstrong was born at Catawba Valley Medical Center. Emily was diagnosed with cerebral palsy following her … Read more

Physician Executives Skeptical Any Patients Read Online Doctor Reviews.

August 15, 2024March 8, 2013 by Jeffrey Segal, MD, JD

I ran across a poll published by the American College of Physician Executives in January. They queried 5,500+ members. The majority believed that patients’ use of online review sites by patients was low. About 55 percent believed 25 percent or fewer patients have used an online physician rating site, and an additional 35 percent put … Read more

Hulk Hogan sues for $50M. WWF or WTF?

August 15, 2024March 1, 2013 by Jeffrey Segal, MD, JD

Professional wrestler Hulk Hogan — whose actual name is Terry Bollea — is reportedly suing his spine surgeon / spine surgery center (Laser Spine) for $50 million, His suit argues the outpatient spine surgery chain “did unnecessary surgeries that damaged his career.” In Florida, the statute of limitations is two years. I cannot recall the … Read more

The Futility of Suing a Patient for Defamation

September 6, 2024February 22, 2013 by Jeffrey Segal, MD, JD

Proving defamation is hard. To prevail, you must demonstrate someone (a) made a false statement; (b) to another; and (c) that false statement damaged your reputation. Truth is a defense to a charge of defamation. And statements of opinion don’t count. An example of a defamatory statement is: “Dr. X is not Board Certified in … Read more

Doctor’s Handwritten Letter to Patient’s Family Goes Viral

August 15, 2024February 15, 2013 by Jeffrey Segal, MD, JD

A doctor’s hand-written (and yes, legible) letter to his patient’s husband was shared on the Internet and viewed over 2 million times. It speaks for itself. Dear Mr. (removed), I am the Emergency Medicine physician who treated your wife Mrs (removed) last Sunday in the Emergency Department at (hospital). I learned only yesterday about her … Read more

Medical Justice Applauds Georgia Plan to Replace Medical Tort System

August 15, 2024February 8, 2013 by Jeffrey Segal, MD, JD

For Immediate Release:

Medical Justice today endorsed the “Patient Injury Act,” a proposal introduced in the Georgia Senate to replace the state’s broken medical malpractice system with a no-blame, administrative model that will fairly compensate patients and decrease the practice of defensive medicine.

The “Patient Injury Act” would eliminate the current adversarial, legal system in which doctors are often sued for frivolous reasons. In the current system, both doctors and patients are consumed by an inefficient process that lasts for years. Patients who have been harmed would file a claim for review by an independent panel of medical experts. If the panel deemed “avoidable harm” occurred, the claim would be forwarded to a Compensation Board to award compensation.

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