Healthcare Reform - Medical Justice

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

August 15, 2024April 23, 2009 by Jeffrey Segal, MD, JD

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.

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.

Balancing Shared Interests of Patients and Doctors

August 15, 2024March 4, 2009 by Jeffrey Segal, MD, JD

This week, the national media continued its coverage of our services to protect physicians from Internet defamation. Several of these stories used the attention-grabbing headline of “gag order.” This statement could not be farther from the truth.

Mutual privacy agreements do not create a choice between healthcare and one’s right to free speech (as some have erroneously claimed). We recognize that medical errors can and do occur. There are existing processes and viable venues where patients can report bad experiences with physicians. For example, other doctors, lawyers, friends, state licensing boards, civil court and more.

We are not only doctors. We are patients and want to be able to choose the best healthcare professionals available so we receive the highest quality care. We agree that viable, actionable and statistically significant feedback is beneficial to patients and doctors alike. Unfortunately, most current rating sites fail at these criteria. We are diligently working to develop such a mechanism, utilizing the Internet, as an integral part of our long-term solution.

What are the facts?

Who we are: We are Medical Justice, an organization that is focused on serious proposals for reforming the entire healthcare system, not just for physicians, but also payers, and patients. These proposals, as well as discussions of our core offering, have been published in a number of peer-reviewed journals and presented at scientific, legal, and policy conferences.

How we’re involved with the issue of online defamation:

Censorship, or Sensible Citizenship?

August 15, 2024February 25, 2009 by Jeffrey Segal, MD, JD

There is an excellent article posted today on the Presdio Insurance website. Take a look at the article here; http://www.presidioinsurance.com/news/?p=362 This is an unsolicited and unbiased article. It does a great job of cutting through the hysteria of “censorhsip” and provides real clarity around the undelying issue. Thanks Presidio!

Our Goal, Transforming Healthcare

August 15, 2024February 23, 2009 by Jeffrey Segal, MD, JD

You may have seen Medical Justice in the news lately: NYT (2/17/09), FOX News (2/19/09). Although Medical Justice Founder and neurosurgeon Dr Jeff Segal has highlighted the issues from a physicians point of view, some have criticized our program as a “gag order.” This could not be farther from the truth.

Medical Justice: Our organization is focused on serious proposals for reforming the entire healthcare system, not just for physicians, but also payers, and patients. These proposals, as well as discussions of our core offering, have been published in a number of peer-reviewed journals and presented at scientific, legal, and policy conferences.

The Octuplets: Standard of Care and a Lawsuit?

August 15, 2024February 16, 2009 by Jeffrey Segal, MD, JD

Patients often make requests for procedures that run counter to the doctor’s better judgment. Acceding to a patient’s wish, even after informing of dire consequences, can create a cascade of legal headaches for the accommodating doctor.

An extreme example is illustrated by a rare condition known as body integrity identity disorder (a subset categorized by the esoteric label – apotemnophilia- great trivia question). Here, the patient suffers from the desire / compulsion to have his limb amputated; the premise being that he would be happier living life as an amputee. Many such individuals seek surgical treatment; and most surgeons balk at participating. A rare cohort will bend if the patient has failed all other types of treatment, such as psychotherapy or medication. Not surprisingly, just informing the patient there are significant risks of amputation, such as bleeding, infection, phantom limb pain, and death will not immunize the doctor if such risks materialize.

“Just doing what the patient wants” made headlines recently. Here, a woman with six children allegedly had eight embryos implanted by a fertility clinic.

Concerns of Defense Counsel Answered

August 15, 2024February 11, 2009 by Jeffrey Segal, MD, JD

We are often asked by potential members, how would Medical Justice work with my defense counsel. We thought it would be a great idea to let an attorney answer that question. The bottom line is that Medical Justice is time tested, proven protection for physicians.

Doctor, How Much Are You Being Paid To Testify Today?

August 15, 2024December 16, 2008 by Jeffrey Segal, MD, JD

It takes little time reviewing reports of high profile trials to question just how “expert” expert witness testimony is. Almost any trial hinging on highly complex issues, such as health care, requires an expert witness on each side. And where the stakes are high, attorneys may hire multiple experts.

Tort Reform: Helpful But Not Enough

August 15, 2024October 10, 2008 by Jeffrey Segal, MD, JD

If you spend enough time around a knowledgeable group of physicians (which is not hard to find, after all) discussing issues of medical malpractice, the conversation naturally finds its way to tort reform. Tort reform is of central importance to modern medical practice.

The Issue of Frivolous Malpractice Lawsuits

August 15, 2024October 9, 2008 by Jeffrey Segal, MD, JD

What is one of the main issues of facing physicians today? If we were to poll physicians, for many of them it would be the threat of frivolous malpractice suits. In many states, the threat of being named in a frivolous malpractice suit has risen greatly.

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