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
What does it mean to be dead? You’d think the answer to that question is binary. You are, or you are not dead. But the fact is every state in the US determines death differently. And when it comes to brain death specifically, the subtle differences can have major consequences for doctors, patients, and their families. This was a challenge … 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 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 … Read more
A practice recently called us. They asked if they had to see a patient who just tried to schedule an appointment. The rub: the last time they saw this patient was five years ago. They wanted to know if enough time had lapsed to declare the doctor-patient relationship legally terminated. But there’s more to this … Read more
In America, we seem operate to under two modes – complacency or crisis. Not much in between. Everything’s OK until it’s not. Then we convene after the fact commissions to point fingers and prevent the same problem we missed. Remember the Rogers Commission to analyze the Challenger accident? The 9/11 Commission? Is the COVID-19 Commission … Read more
