Healthcare Reform - Medical Justice

Recent Facebook Litigation

August 15, 2024November 30, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

There have been several recent cases involving Facebook that have been released. These cases continue to show how social media has permeated our society. They also show a darker side of social media. Although not directly related to the health care world, I think that they provide some useful lessons. But first the cases…

Several weeks ago a Connecticut judge ordered a couple in the midst of a divorce an exchange of passwords for Facebook and dating websites. The husband’s lawyer argued, that postings by the wife, were evidence of her inability to take care of the couple’s children. The husband was arguing for full custody. The court agreed that this might produce irrelevant information in order for the wife to disclose Facebook and dating website passwords. The court agreed it might provide irrelevant information and ordered that the husband and wife exchange Facebook and dating website passwords. Finally the court went on to order that neither spouse may post messages pretending to be the other.

Decoding the Genome: What’s Your Liability

August 15, 2024November 29, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS Remember how painful memorizing the Kreb’s Cycle was? Try this. New patient walks in with a few freshly printed documents. He just plopped down a few hundred bucks for a personalized genetic profile – offered by 23andme, Decode, or any number of other direct-to-consumer vendors. He points to SNP results … Read more

Two studies define frequency of litigation as an occupational hazard for surgeons

August 15, 2024November 16, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

A recent study in New England Journal Medicine shed light on the frequency of litigation against doctors. For high risk specialties, such as neurosurgeons and cardiothoracic surgeons, the annual rate approached 20% a year. For general surgeons, the rate was 15% per year; for plastic surgery, the rate was 13% per year.

The same study noted that plaintiffs received an award in only 1 of 5 cases.

A more recent study in the Journal of American College of Surgeons examined the effect this litigation had on surgeons.

Seven thousand surgeons (29%) in the professional society returned surveys.

Involvement in a recent malpractice suit was reported by 24.6% responding surgeons. Surgeons involved in a recent malpractice suit were younger, worked longer hours, had more night call, and were more likely to be in private practice.

Medical malpractice reform losing physician support

August 15, 2024November 9, 2011 by Jeffrey Segal, MD, JD

Michael Kirsch, M.D. – author, MD Whistleblower

With regard to physicians’ support for medical malpractice reform, the times they are a changin’. These iconic words of Bob Dylan, who has now reached the 8th decade of life, apply to the medical liability crisis that traditionally has been a unifying issue for physicians.

The New York Times reported that physicians in Maine are going soft on this issue, but I suspect this conversion is not limited to the Pine Tree State. Heretofore, it was assumed that physicians as a group loathed the medical malpractice system and demanded tort reform. The system, we argued, was unfair, arbitrary, and expensive. It missed most cases of true medical negligence. It lit the fuse that exploded the practice of defensive medicine. Rising premiums drove good doctors out of town or out of practice.

What happened? The medical malpractice system is as unfair as ever. Tort reform proposals are still regarded as experimental by the reigning Democrats in congress and in the White House. The reason that this issue has slipped in priority for physicians is because our jobs have changed.

Survey says

August 15, 2024October 7, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

Earlier this year, the Pew Internet and American Life Project released “The Social Life of Health Information, 2011.” The study was based upon telephone surveys conducted by Princeton Survey Research Associates International. Although the full report is approximately forty five pages in length, here are some interesting highlights:

Your collection agency might hurt your medical malpractice defense

August 15, 2024September 27, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

Several months ago the South Carolina Appellate Court issued a scary opinion (Burke V. AnMed Health). A standard medical malpractice case had come before a trial court in South Carolina. Prior to trial, the defense attorney asked that prospective jurors who owed bad debts and judgments to the healthcare provider be excluded from the jury. The trial court Judge did exclude several potential jurors who had judgments against them by the healthcare provider, but the Judge refused to excuse several jurors who owed debts to the medical provider. One $250,000 judgment later, the defendant appealed the matter to the South Carolina Court of Appeals.

“Unique” New Medical Malpractice Claims

August 15, 2024September 22, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq. As the general counsel for Medical Justice, I see a number of bizarre and unfair medical malpractice claims. However, recently I have read several claims that were so odd as to attract my attention. The first involves a surgical patient at Baylor Health Hospital in Dallas. A Nebraska man had traveled … Read more

Mistakes in Studies Surge – Lawsuits Sure to Follow

August 15, 2024September 21, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

The Wall Street Journal recently reported on the growing number of scientific papers that are being retracted due to mistakes. In the article Mistakes in Scientific Studies Surge, the Journal reports that since 2001, while the number of papers published in research journals grew 44%, the number of articles retracted grew by more than 15-fold.

Tort Reform for Medical Malpractice System, Another Study Needed?

August 15, 2024September 7, 2011 by Jeffrey Segal, MD, JD

Michael Kirsch, M.D. – author, MD Whistleblower

Medical malpractice reform is in the news again. Of course, for the medical profession, the medical malpractice system is the wound that simply will not heal. For the plaintiffs bar, in contrast, the medical liability system is the gift that keeps on giving. I have argued that the current system fails on four important fronts.

Efficiency
Cost
Fairness
Quality Improvement

I admit readily that my profession has not been as diligent as it should be in holding ourselves accountable. We have not been forthright in admitting our medical errors, although can you blame us under the current medical liability construct? There is merit to the argument that tort reform is

Survey Says and Says and Says

August 15, 2024July 20, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

I doubt that lately, few subjects have been studied, discussed or argued as much as the effects that frivolous lawsuits have on the nation’s healthcare system. This summer, three more studies looked at this problem from various vantage points.

First, Jackson Healthcare investigated whether physicians working under contract with the federal government practice less defensive medicine than their private sector peers. As a reminder, as if anyone really needed one, defensive medicine describes ordering medically unnecessary tests, treatments or consultations to avoid malpractice lawsuits. The results?

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