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
There are reportedly 1082 atoms in the universe. I have no idea how that estimate was made. To me, there are an equal number of stories of people/entities who try to do the right thing, only to later get burned. Like CVS Pharmacy. “A federal judge has approved a $15 million settlement in a class … Read more
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
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
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
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
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
