Legal - Medical Justice

Whose Baby Was It, Anyways?

August 15, 2024September 9, 2016 by Jeffrey Segal, MD, JD

I spent some time over the weekend scanning physician responses to this ethical conundrum. An endocrinologist was caring for a man who spent years taking anabolic steroids. He developed hypogonadotropic hypogonadism with a low sperm count. He was now living clean and ready to start his family. The endocrinologist replaced the patient’s testosterone and achieved … Read more

Medico-Legal Issues in Restraining Patients

August 15, 2024September 2, 2016 by Jeffrey Segal, MD, JD

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

Crazy Cases Against Doctors — and Inexplicable Settlements

August 15, 2024August 26, 2016 by Jeffrey Segal, MD, JD

Jeffrey Segal, MD, JD Published in Medscape: May 14, 2015 (reprinted with permission) http://www.medscape.com/viewarticle/844060 How Would You Have Handled Patients Like These? Being sued for malpractice is a traumatic experience. The odds of being sued at least once over one’s career are high.[1] Doctors typically have sufficient professional liability coverage to prevent financial loss. But not all … Read more

Liability in Telemedicine: “Can you sue me now?”

August 15, 2024August 12, 2016 by Jeffrey Segal, MD, JD

Notes from a Plaintiff’s Attorney: Liability Issues in Telemedicine By Dr. JD, a plaintiff’s attorney, practicing in the Northeast We continue our series of 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 … Read more

When a Doctor Becomes a Patient

August 15, 2024August 5, 2016 by Jeffrey Segal, MD, JD

Hundreds of articles have been published on the theme of a doctor becoming a patient. I’d like to add one more to the literature. But only to express my gratitude. Over the years, I’ve cataloged many of the headaches faced by professionals in health care. This includes the countless challenges doctors face each and every … Read more

Avoiding Liability When Dealing with Brain Death Cases

August 15, 2024July 29, 2016 by Jeffrey Segal, MD, JD

We continue with our series of 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 agree with … Read more

Dealing with Medical Marijuana

August 15, 2024July 22, 2016 by Jeffrey Segal, MD, JD

Billing Your Mom: Rules of Medicare

August 15, 2024September 19, 2014 by Jeffrey Segal, MD, JD

Pop Quiz…

Question #1: Your mother is visiting you one weekend evening. She slips in your house. She now has a giant gash in her arm which requires stitches. Neither of you are enthused about spending the evening in an ER when you are fully competent to sew it up. Further, you will document the encounter and keep a record, as required by your Board of Medicine.

Side distraction. Every state has different policies vis a vis treating family members. This blog post doesn’t touch on that topic. And, in this blog post, it is reasonably assumed that your judgment will not be clouded by your emotional attachment to a family member.

Now that Mom is all sewn up, can you send a claim to Medicare?

EPs Fight Frivolous Lawsuits, Push for Tort Reform

August 15, 2024December 2, 2012 by Jeffrey Segal, MD, JD

Emergency Medicine News December 2009 – Volume 31 – Issue 12 – p 1, 7, 8 By: Jeffrey Segal, MD, JD, FACS Click here to read the full article

Female Asian doctor looking off to the side

The Emotionally Labile Client; Duties – When A Client Threatens Violence

September 17, 2024June 11, 2012 by Jeffrey Segal, MD, JD

What happens when a client – a defendant – threatens violence? The pressure of litigation can push a defendant over the edge. Even professionals, who are calm under pressure, lose their cool. Once an attorney believes his client might embrace violence as a means to an end, what obligations, if any, are triggered? And is the attorney liable for his client’s violence?

Imagine this scenario: A seasoned medical malpractice plaintiff’s attorney accepts a client presenting with a marginal professional liability case. This attorney generally screens cases carefully. This case is attractive because he calculates significant damages. His enthusiasm is tempered by paltry evidence of a breach of standard of care or causation. On balance, it’s a weak case. The plaintiff’s expert has shaky credentials, but is ready make the case for liability.

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