Can you prescribe for family? What happens if a payer demands a refund three years later? Our Legal Blogs tackle routine yet critical issues—self-prescribing, contract renewals, sham peer review defenses, and medical record ownership—using real complaints, board orders, and court opinions as teaching tools.
When an appellate court clarifies peer-review immunity or a state supreme court limits punitive damages, we translate the opinion into practical next steps: adjust bylaws language, revisit informed-consent language, or refine incident-reporting practices. Posts avoid dense legalese and focus on how rulings might influence documentation, credentialing, and professional liability.
From negotiating call-coverage stipends to spotting restrictive non-compete clauses, articles guide physicians through employment and partnership contracts. We also examine corporate-practice-of-medicine rules, covering management-service agreements, fee-splitting prohibitions, and telemedicine ownership structures.
The blog discusses board investigations stemming from social-media missteps, substance-use allegations, and documentation irregularities. We help physicians respond promptly, assemble supportive records, and protect due-process rights.
Expect discussions of Stark, Anti-Kickback Statute safe harbors, Medicare enrollment revocations, and false-claims liability—presented with examples relevant to office-based specialists and hospital-employed physicians alike.
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
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
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
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
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
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
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
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
