Your Colleague’s Keeper: Vicarious Liability

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

Complacency or Crisis?

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

Family Practitioner Treats Patient for Depression While Sleeping With His Wife on the Side

It is not uncommon for patients to develop romantic feelings for their doctors. Managing these emotions is critical. When these emotions are mismanaged, bad outcomes often result. A family practice doctor was treating a husband and his wife for an assortment of challenges. To make a long story short – the patient’s wife (who was also … Read more

Is Sex with a Patient ALWAYS Unprofessional Conduct?

Most Boards of Medicine take a draconian view towards sex with patients. If a complaint is filed, and the sexual relationship began in the middle of a doctor-patient relationship, discipline likely will ensue. The interpretation is absolute.   With most crimes, guilt/innocence and the penalty are defined by the defendant’s state of mind. Very few things in the … Read more

Combating Sexual Harassment in Healthcare

On this episode of the Medical Liability Minute, Medical Justice Founder and CEO, Jeff Segal, MD, JD, and Medical Justice General Counsel, Michael Sacopulos, JD, discuss medico-legal liability and sexual harassment. It is critical doctors take steps to protect their staff, their patients, and themselves from sexual harassment. These cases often rear their heads without … Read more

Is Fish Oil, the Supplement, Now an FDA Felon?

Let me start with the regulatory status of CBD (right, not fish oil). CBD, the non-psychoactive ingredient of marijuana or industrial hemp, which supposedly treats everything under the sun now. Putting aside any claims of efficacy, what is its regulatory status? The 2018 Farm Bill removed cannabis with extremely low concentrations of THC from the definition … Read more

Do Health Insurance Carriers Have to Pay for Injuries Caused by DUIs?

In the news. Patrick Conway, the president and CEO of Blue Cross Blue Shield of North Carolina was arrested and faces charges of driving while impaired and reckless driving after an alleged alcohol-related automobile accident in summer, 2019. In additional, because two minor children were in the car with him, he also faces charges of misdemeanor child … Read more

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