A Contingency Plan for Taking a Case on Contingency

Plaintiff’s attorneys frequently argue there is no way a seasoned attorney would take a meritless med mal case. They note that taking such cases to trial to case is expensive. They take such cases on contingency. If they lose, they lose big. And they would be the party bearing the out-of-pocket risk. Now, the market … Read more

Can You Patent a Medical Procedure? Well, Yes and No. 

In the mid-1990s, Dr. Samuel Pallin patented a type of stitch-less cataract surgery procedure. He attempted to license the patent to other ophthalmologists. One such surgeon was Dr. Jack Singer. Singer not only refused the demand for royalties, but started a broad political movement against medical procedure patents. Singer argued he actually devised the procedure before Pallin’s patent was filed. Pallin said he was not interested in the money, but recognition. Pallin had … Read more

Jail Time for Using the Wrong Pronoun

Most physicians defer to patients’ wishes as to how they want to be called. It’s a sign of deferential respect. If there’s a 40-year age discrepancy between a young treating physician and an elderly Medicare patient, the senior likely doesn’t want to be called Pops.   There’s a brewing brouhaha in California related to Senate Bill 219 which … Read more

Medical School for Free

NYU Medical School recently announced it will waive tuition for all medical students, now and going forward. NYU has raised $450M of the needed $600M to fund this gift in perpetuity. Kenneth Langone (one of the Home Depot founders) and his wife donated $100M.   One reason NYU made this commitment was because many medical students are saddled with crushing … Read more

Why Doctors Don’t Like to Retire

Guest Blog Post by David Mokotoff, MD The past decade has seen an enormous upheaval in the practice of medicine. The private independent medical practice is in danger of extinction. Management overhead and red tape has skyrocketed due to government regulations and private insurance and pharmaceutical benefit rules. Added to that are multiple electronic medical … Read more

Physicians Interrupt Patients After 11 Seconds

A recent article evaluated 112 recorded clinical encounters. The rationale was testing of “shared decision-making tools.” I was confused by the findings and conclusions.   In 27 of the 40 (67%) encounters in which clinicians elicited patient concerns, the clinician interrupted the patient after a median of 11 seconds (interquartile range 7–22; range 3 to 234 s). Uninterrupted patients took a … Read more

Some Attorneys Behave Like Jerks

Yes, I know. The sun rises in the east. Sets in the west. And 2+2=4. Most of the time, when an attorney requests a copy of medical records for something like a personal injury case, auto accident, worker’s comp, they are professional, courteous, and offer to pay you the reasonable cost of copying the record. … Read more

Not All Threats Patients Make Are Equal

Patients may be unhappy with their doctor for a variety of reasons. Dialogue solves most of them. But, sometimes this angst escalates. It culminates in a threat. All threats are not equal in the eyes of the law. A common threat is “Give me my money back and I will not slam you online.” Or … Read more

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