Law Pushing for Cameras in the Operating Room

“Julie’s Law” is a Wisconsin bill named in honor of Julie Ayer. The patient had breast augmentation surgery in 2003. Sadly, the patient flatlined during the procedure. CPR was initiated, but too late. The patient was transported back to Wisconsin where she died three months later.   According to the patient’s brother:  “The doctor had no license in anesthesia. … Read more

Doctors Flummoxed by DNR Tattoo

A recent report in the New England Journal of Medicine highlighted a case of a patient who presented to the Emergency Department, unconscious, with a Do Not Resuscitate tattoo sprawled across his chest. The 70 year old man was quite ill on arrival. His blood alcohol level was high. He had COPD, diabetes, and atrial fibrillation. In the … Read more

Not Mastering the Art of Being in Two Places at One Time

Dr. Reinaldo de los Heros was practicing as a psychiatrist in Maine.   On October 10, 2017, the Board of Medicine suspended his license for 30 days. (He had multiple interactions with multiple Boards of Medicine throughout the years. For example, in 1999, he pleaded guilty in Massachusetts for Medicaid fraud and grand larceny.)  On August 31, Dr. de los Heros was evaluating … Read more

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

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