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
A patient was rushed to the E.R. after a lawnmower lacerated his forearm. Sitting on the counter was a product called CaviCide. What’s CaviCide? An industrial strength pesticide. Absolutely not for human use. Which, of course, is precisely why the attending physician and his nurse sprayed it repeatedly into the patient’s gaping wound. How did this happen? … Read more
The Challenge: An unhappy ex-patient (who happens to be an attorney) threatened legal action against a surgeon. This ex-patient attempted to coerce other patients into posting inciting reviews on Yelp. The review not only promised legal action but solicited others to participate. The Remedy: Due to the advanced age of the content, eMerit communication specialists … Read more
The Challenge: Ever see those employment listings for an entry-level position that requires “2 years of experience?” How can you get a job that requires experience when you don’t have any? What about qualifying for a home or auto loan with little to no credit history? Building a reputation from the ground up can be … Read more
The Challenge: A client (an OBGYN) recently married and published photographs of the event on Facebook. In the months following the publication of these photographs, an image of the event was used in a blog without the client’s permission. The story, published by GeekyCamel.com, focuses on a feud that erupted between a bride and her … Read more
The Challenge: A client (an aesthetic surgeon) received a negative review from a “person” calling herself “Natalie Guzman.” Guzman accused our client of charging an unreasonable amount of money for a facelift. The negative review was published on our client’s Google business listing. Our client produced evidence “Natalie Guzman” was not her patient. The Remedy: … Read more
A 30-gauge needle pierced a patient’s eyeball during an elective procedure. The doctor advised the patient all was well and sent her home. She returned a short time later with rapidly deteriorating vision. She was ultimately rendered blind in that eye. Was the surgeon at fault? Or was his scrub tech to blame? It’s a … Read more
Dear readers, based on your long experience with health insurance carriers, what is the likely answer to these questions? Insurance carriers generally prod doctors to do more tests or fewer tests? Would a carrier ever “discipline” a doctor for exercising his reasonable judgment to limit the number of tests before his patient is discharged? Assuming … Read more
We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through the eyes of a malpractice plaintiff’s attorney. 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 … Read more
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 use the tool … Read more
