Healthcare Reform - Medical Justice

One Sentence Can Save You Lots of Time and Prevent Headaches

August 15, 2024October 16, 2015 by Jeffrey Segal, MD, JD

Recently, I learned of a surgeon on the west coast who received a “love letter” from an attorney. By love letter, I mean a demand for several hundred thousand dollars. The surgeon took care of a patient and recommended surgical treatment. The patient did not want any down-time and opted for conservative care, fully … Read more

MOC and Your Web Site. How Can They Even be Remotely Connected?

August 15, 2024October 9, 2015 by Jeffrey Segal, MD, JD

I am not a fan of Maintenance of Certification (MOC). I think it’s a time-suck, expensive, and does little to inform the public of much that is useful. I say this from the sidelines because my Board certification in neurosurgery was grandfathered. So, I’m one of the lucky ones. For those who were certified after … Read more

Notes from a Plaintiff’s Attorney: Dealing with malpractice litigation concerns

August 15, 2024October 2, 2015 by Jeffrey Segal, MD, JD

We continue with our series of general educational 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. Finally, these articles are not intended as specific legal advice. For that, please consult with attorney licensed to practice in your state.

A recent poll on the physician networking site Sermo asked an interesting question: What stresses you the most about a lawsuit?

1,927 doctors responded. 37% feared losing the case. 33% thought that they would end up second-guessing their abilities. 25% focused on being reported to the National Practitioner Data Bank. 5% thought that their peers would criticize them.

Is ICD-10 a Game Changer?

August 15, 2024August 14, 2015 by Jeffrey Segal, MD, JD

Physicians have to deal with a 100 paper cuts each day. Implied threat of lawsuits, RAC audits, denied claims for reimbursement, EMRs designed by computer scientists who do not practice medicine, and more. While these distractions are time consuming, stress-provoking, and aggravating, they are generally manageable. That’s why I was surprised to hear from an … Read more

Dropping the Ball and Getting Away With It.

August 15, 2024July 24, 2015 by Jeffrey Segal, MD, JD

Cases do not normally end like this. A cardiologist implanted a pacemaker. He ordered a follow-up check X-ray to check the leads and make sure there were no complications. A second cardiologist checked the films and discharged the patient from the hospital. The radiologist’s report noted the placement of the pacemaker leads. It also … Read more

Do No Harm: Dr. John Marsh’s Excellent Book

August 15, 2024July 17, 2015 by Jeffrey Segal, MD, JD

I just finished Do No Harm, a book authored by a freshly retired British neurosurgeon. If you’re not maxed out on your summer reading list, add this one. In one sense, the book is a bit depressing. Dr. Marsh works for the National Health Service and chronicles more defeats than victories. He writes about his … Read more

Foreign Bodies Left in the Body, Oh My…

August 15, 2024June 26, 2015 by Jeffrey Segal, MD, JD

Some unintended foreign bodies left post-op in the body never create any problems. Some are associated with continued risk. And the law is all over the place in terms of how long a surgeon or facility is liable, if at all. A recent New York case illustrates this point. In New York, an … Read more

Notes From a Plaintiff’s Attorney: Avoiding Liability in Retention of Medical Records

August 15, 2024June 19, 2015 by Jeffrey Segal, MD, JD

As we move to paperless practices, the problem of retaining physical records will be less relevant. But for at least the next decade doctors who are closing their practices must understand what to do with bulky patient records.

Here, physicians faced with this unwelcome burden are tempted to cut corners, a choice that carries real liability issues.

Notes From a Plaintiff’s Attorney: Liability to Those Who Are Not Your Patients

August 15, 2024June 5, 2015 by Jeffrey Segal, MD, JD

We continue with 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.

As most doctors know, a malpractice action is grounded in first establishing a physician-patient relationship. This is a fiduciary situation in which a duty of care is owed to the specific patient.

However, there are unusual cases where a third party sues a doctor for negligence. Here, liability has increasingly been found via general negligence principles.

Notes from a Plaintiff’s Attorney: Blowing the Whistle

August 15, 2024May 29, 2015 by Jeffrey Segal, MD, JD

We continue with 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. In this article, the author addresses “Blowing the whistle.” This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of … Read more

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