Necessary Action or Elder Abuse?

This story caught my attention. I have mixed feelings. Dr. Anna Konopka is a general practitioner in New London, New Hampshire. Ever heard of it? Neither had I. 4,000 people live there. Not a big community. Dr. Konopka graduated from medical school in Poland in 1960. She moved to the U.S. soon thereafter and she … Read more

Who Bears the Risk for Medical Decisions About Pacemakers at Risk of Being Hacked?

Thirty years ago, no one would have thought of this scenario. Hacking into a pacemaker to cause harm. Abbott Laboratories release a software path (firmware update) in late August to reduce the risk that someone with malicious intent could gain unauthorized access to a patient’s pacemaker. The update was issued after an outside security firm … Read more

Divorce Is Politics by Other Means 

Carl von Clausewitz was a Prussian general and military theorist who famously said: “War is a mere continuation of politics by other means,” (“Der Krieg ist eine bloße Fortsetzung der Politik mit anderen Mitteln”). I leave the full parsing of its meaning to other military strategists. But, the quote serves as a useful segue to discuss how divorced parents sometimes use the medico-legal playing field to continue their battles.  … Read more

WTF is MACRA?

I’ve had it with acronyms.  SGR [Sustainable Growth Rate] was replaced by MACRA [Medicare Access and CHIP Reauthorization Act] which allows physicians to choose between two Medicare payment programs: (a) MIPS [Merit-Based Incentive Payment System; and (b) APMs [Alternative Payment Models].   According to CMS [Center for Medicare and Medicaid Services], these changes create a QPP … Read more

Legal Issues in Physician Advertising

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

Physicians Who Perform Surgery on Themselves

I know many surgeons who received a laceration of their torso or leg. They went into their office, pulled out some Lidocaine, and went to work. Sutures placed. Bandage on top. Back to the picnic.  Now for the curious case of Leonid Rogozov. Don’t read further yet. Props to any trivia buffs who can identify his … Read more

Being a Doctor and Playing Poker – The Overlap

Dr. Kelly McMasters, a surgical oncologist, graciously allowed us to republish the commencement address he delivered to the University of Louisville School of Medicine Class of 2017. His words of wisdom resonated far beyond the typical platitudes pushed onto graduates. Further, his personal experience as a father of an ill child delivered unasked-for-insights that, when practiced, can … Read more

HIV Positive Man Charged With Murder After Mistress Dies from AIDS 

Two interesting cases are working their way through the system in Ohio.  Robert Murdock was charged with murder in Ohio for not telling his mistress, Kimberly Klempner, he was HIV positive.  The indictment alleges that Murdock knew he was HIV +positive but failed to tell his mistress. The indictment continued they had unprotected sex during their five year … Read more

The Tax Man and Med-Mal Settlements

First, the obvious. This is not to be construed as tax advice. Now for some interesting nuggets. When people sue one another (or even threaten litigation) and money changes hands, there are tax implications. A recent article by Robert Wood dives deeper. (A) Settlements and judgments are taxed similarly. Whether you come to a meetings … Read more

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