Doctor Prevails in Sham Peer Review: How He Did It

Peer review exists to improve the state of medical care. We all want future care to be better than today’s care. But like all things, peer review is subject to human prejudice. Not infrequently peer review is parried as a sword to attack doctors disliked by those in leadership positions (or rivals) in a large … Read more

Surviving a $1.5 Million (or More) Medical Records Breach

visit our booking page to schedule a consultation – or use the tool shared below. The ugly (but expected) truth: Penalties specific to breaches of medical records are steep. How steep?  A healthcare entity liable for a breach could see a fine as large as $1.5 million – or more. And the penalties go beyond cash … Read more

How Doctors Risk Becoming Casualties of Casual Care…and Solutions

visit our booking page to schedule a consultation – or use the tool shared below. We open with some brief background: Our companion piece discussed the risks and best practices specific to curbside consultations – informal conversations with a colleague regarding a patient’s care. This piece will address risks specific to the curbside consultation’s “partner … Read more

Have You Heard About HIPAA’s Angrier Cousin, TCPA?

no caps. Doctors who text patients without written permission risk ruin. Legislation known as the TCPA (Telephone Consumer Protection Act) dictates stiff penalties specific to texting and privacy violations.  The good news: The enclosed podcast, produced by our colleagues at the Insight Marketing Group (and featuring Medical Justice Founder and CEO, Jeff Segal, MD, JD) will teach you how to protect yourself from the … Read more

Yelp Will Now Adjudicate Claims of Racism.

visit our booking page to schedule a consultation – or use the tool shared below. In his “I Have a Dream” speech, Martin Luther King said he looked forward to the day when people were judged by the content of their character and not by the color of their skin. Amen to that. From Martin … Read more

Abortion, Physicians, and Changing Jurisprudence. Fasten Your Seatbelts.

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or … Read more

Case Study 3 – Diminishing Returns

DEFENDANT A physician in Florida was sued for a missed diagnosis. He was not a member of Medical Justice at the time he was sued. PLAINTIFF’S EXPERT Early in the case, testimony from the plaintiff’s expert suggested a strong case of obvious negligence and plaintiff’s counsel placed an initial value on the case of $300,000. … Read more

Case Study 1 – Smoking Gun

DEFENDANT The defendant in this case is a plan member and a spine surgeon who was sued for issues related to placement of spinal instrumentation for a cervical fracture. The patient had no neurological deficits and the instrumentation was placed according to the manufacturer’s instructions. PLAINTIFF’S EXPERT CASE OUTCOME The medical malpractice case was dismissed … Read more

Case Study 2 – Unqualified Opinion, Anyone?

DEFENDANT Eleven physicians and a hospital were sued individually for care rendered to a patient with acute fulminant pancreatitis. This medical malpractice case had been terminated prior to purchase of Medical Justice membership. PLAINTIFF’S EXPERT The expert hired to testify in this medical malpractice case was a neurologist. However, pancreatitis is a condition that is … Read more

Case Study 4 – Beware of Dog

DEFENDANT The defendant was a general surgeon who was not a plan member at the time the medical malpractice suit was filed. He presented to Medical Justice with an open case. This physician was being sued for failure to “fish out” a small gallstone that had dropped during a laparoscopic cholecystectomy. The allegation was that … Read more

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