Legal

C. difficile is a thorny problem for hospitalized patients because physicians have generously prescribed progressively stronger broad spectrum antibiotics, killing off good bacteria, making it easier for the bad bacteria to proliferate. The condition affects 500,000 Americans each year and takes 30,000 lives. When yogurt and standard probiotics don’t stop the diarrhea (and there is … Read more

Many aesthetic surgeons and dentists use before and after photos on their web site to market their practices. They are demonstrating to the public at large what they can reasonably expect if they select their practice. They are more than just plain vanilla images. They are photos of patients who have given permission to use … Read more

Ever heard of TCPA? Most people haven’t. It stands for Telephone Consumer Protection Act. And it’s the second most frequent federal lawsuit after employment law claims. And now a medspa is on the receiving end. Simply put, it’s a cash cow for plaintiff’s attorneys. And why not? As Willie Sutton once opined… he robbed banks because … Read more

A friend and colleague, Doug Wojcieszak, recently posted an article on his blog, Sorry Works, about responding to criticism in health care.  Actually, it was more than just criticism. A law firm ran ads soliciting plaintiffs against a nursing home. The nursing home sued the law firm. The story and Doug’s response are worth reading. … Read more

I may not be clairvoyant. But I know one family that will receive a gigantic check soon. A 29-year-old woman had been in a persistent vegetative state for about ten years. She was involved in a near drowning incident. Unbeknownst to the staff at Hacienda Healthcare, a long-term care facility, the patient was pregnant. She … Read more