Using Video to Supplement End of Life Discussions

How many people actually have an advance directive – a living will? Many patients don’t think about it until they become ill. Sometimes, they never get around to expressing their wishes. And the default assumption is often that aggressive care should be offered. I recently attended a conference which discussed using videos to teach patients … Read more

Notes from a Plaintiff Attorney: When is a patient my patient? … The formation of the physician-patient relationship

by “Dr. J.D.” – a physician and plaintiff’s attorney, practicing in the Northeast

The point at which the physician-patient relationship forms is fundamental to all medicolegal liability.

It is the point at which the physician’s duties to treat the patient according to the standard of care, to obtain informed consent and to provide continuity of care all attach.

It is therefore also the point at which liability for medical negligence, medical battery, and abandonment can also attach.

“When is a patient my patient?” is therefore a critical question.

It has a deceptively simple answer: The physician-patient relationship begins when the physician accepts, agrees to accept, or undertakes to render care to the patient.

Of course, in real life the points at which those events have actually taken place are often not clear-cut at all.

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Multi-million dollar verdicts in med-mal cases. Last 12 months are eye-popping.

A buck doesn’t buy a lot anymore. Take a look at some of the verdicts below.

 

I am not commenting on whether or not there was negligence. Assume for the moment doctors were negligent in each case. The damages are astounding. Remember that most doctors have $1M in liability coverage.

Of course, if the doctor asks the carrier to settle for policy limits and the carrier wants to take the case to trial, the carrier is gambling with its own money. But, if the carrier wants to settle, and you want to roll the dice, the carrier can write the check for $1M and you’re on the hook for the rest if you lose big.

 

The recent trend has been for higher jury verdicts. Sobering indeed.

 

$120 million
Martin v. NYCHH et al.
May 2012
Jacqueline Martin, who had a rare skin disorder, was brain damaged after physicians at three New York hospitals allegedly failed to diagnosis the condition. Her family won the verdict against the three medical centers and a neurologist.

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Urgent Client Alert: Lawsuits and Patient Photos on the Web

Recently, several Medical and Dental Justice members have asked us about the type of consent needed for posting patient photos on the Internet. The reason for posting is to show the quality of work the doctor performs – often in the way of before and after photos. The reason for members asking is because attorneys … Read more

Notes from a Plaintiff Attorney: Avoiding Liability for Abandonment

by Dr. J.D.

Abandonment occurs when a doctor cuts off the physician-patient relationship while the patient still actively needs care, and does so without adequate notice to allow the patient to get care elsewhere.

It can be the basis for a complaint to the state medical board and, if the patient can prove that he or she suffered an injury as a result, it can be the basis of a medical malpractice claim.

The proper discharge of a patient is really the rolling back of each step that formed the doctor-patient relationship:

– The patient came to you in need of care. They can only be terminated when they are not actively in need of care.

– The patient sought care with you rather than elsewhere. They can only be terminated by giving them time to find care elsewhere.

– Your conduct allowed the patient to reasonably believe that you were their doctor. They can only be terminated by you laying out clear statements that make such a belief unreasonable.

The separation does not have to be mutual – in fact, it can be entirely unilateral on your part even if the patient objects strongly – but it has to reflect the fact that medical care is a unique type of interaction because it can literally be a matter of life and death.

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Some State Medical Board Rules Are Idiotic…

I saw a recent post by a psychiatrist who treats patients for addiction problems. From time to time, his patients, like all patients, travel from one state to another. They may call him and ask for advice – or a prescription refill. The psychiatrist wondered if speaking and/or treating traveling patients ran counter to that … Read more

What Are “Reviews from Around the Web”?

A couple of years ago, Google featured what it called “Reviews from Around the Web” on business pages. Google actively scanned a handful of major reviews sites for businesses that matched Google’s listings, and displayed those reviews on Google’s pages. So while a business might only have a few actual Google reviews, it could look … Read more

Truth Meter: Can a Reputation Company Really Remove Negative Posts?

Spoiler Alert: No. They can’t. Now that we’ve got that out of the way, read on if you want to understand the not-so-subtle differences that separate the professional reputation management services from the scammers. Anyone who can configure Google Alerts is starting their own reputation management service these days. So many hacks are entering the … Read more

No Good Deed Goes Unpunished. Test Your Knowledge on Controlled Substance Laws.

Let’s test your knowledge of prescribing controlled substances.   A specialist practicing on the west coast makes frequent visits to her country of origin – Brazil[1]. During such visits, she often performs charity work, diagnosing and treating patients. She keeps records of the visits.   On one such trip to Brazil, the specialist diagnosed an … Read more

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