Legal - Medical Justice

A Bad Day for Allergan

August 15, 2024May 5, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

A federal jury on Thursday awarded 67-year old Douglas Ray Jr. of Fredericksburg, VA a $212 million verdict. This award included $200 million in punitive damages against Allergan. Ray Jr. claimed injections of the wrinkle-smoothing drug Botox to treat hand tremors and writer’s cramp left him brain-damaged and disabled.

Douglas’s wife said that her husband of 43 years requires around-the-clock care. She has in-home nursing help four hours a day, four days a week. Douglas’s wife also said she is grateful for doctors who testified for her husband.

A company spokesperson for Allergan who manufactured the Botox said the verdict “is inconsistent with the credible scientific and medical evidence supporting the efficacy and safety of Botox,” which she said has been used for two decades to treat 21 separate medical conditions.

Study Confirms Hungover Surgeons Make More Mistakes

August 15, 2024May 4, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS

The April edition of Archives of Surgery confirms the answer to a nagging scientific question. Can hungover surgeons perform adroitly? I had guessed that a metaphorical ice-pick in the temple would have an impact. Now we know the answer. It matters.

The study was performed in Ireland – focusing on minimally invasive laparoscopic surgery. The test involved a surgical simulator the day after drinking (or for the control group – day after abstinence).

The experimental group was allowed to drink as much as they wanted. The only rule: each participant needed to show up to a group dinner with at least one investigator to “determine intoxication levels.” I suspect this was a subjective interpretation.

“Film” Stars Privacy Breached

August 15, 2024April 26, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

Recently, we read of the release of approximately 15,000 individual’s (read more Fox News) private health information. These individuals happened to be involved in the “adult entertainment” industry.

Always one for public health, the adult film industry utilizes the “Adult Industry Medical Health Care Foundation” listing of performers current test results. The idea is that a film producer could

Complimentary Membership Program for Residents and Fellows

August 15, 2024April 21, 2011 by Jeffrey Segal, MD, JD

A Message to Residents from Jeff Segal, MD, JD, FACS I was a resident not too long ago – although it was longer ago than I want to admit! I remember what it was like. I spent 6 years learning how to operate as a neurosurgeon. One mentor explained – you spend your entire residency … Read more

One Murder; Two Medical Malpractice Claims

August 15, 2024April 19, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq.

Jeremy Pompeneo, a recovering methamphetamine addict, sporadically went to the Verde Valley Guidance Clinic in 2005 and 2006 for counseling and prescriptions for psychiatric medication. Additionally, he went to another facility for inpatient psychiatric care because of “psychotic episodes induced by amphetamines,” that had been prescribed by the Clinic’s staff.

After seeing his therapist on October 17, 2006, Jeremy Pompeneo (“Pompeneo”) went home, stabbed his girlfriend to death and then attempted suicide by taking an overdose of medication.

Pompeneo was indicted for first-degree murder.

Isn’t the Pot Calling the Kettle Black?

August 15, 2024April 15, 2011 by Jeffrey Segal, MD, JD

I must confess. I’m flattered. First I learn that a professor of Internet law at an Ivy League School referenced the Medical Justice agreements as a final exam question. I am a regular reader – and fan – of Eric Goldman’s cyber-law blog. Earlier this week, lo and behold, Professor Goldman featured Medical Justice on a site he’s created about us.

If you believe every argument Professor Goldman makes, you’d believe that all doctor review sites are wonderful, accurate and completely truthful. He won’t yield an inch in acknowledging that there might be a small problem with at least 1 of the more than 60 sites dotting the cyber-landscape. C’mon. Toss us a bone.

It’s All Just a Game, Isn’t It?

August 15, 2024April 14, 2011 by Jeffrey Segal, MD, JD

We search the web every day for interesting, relevant or unusual stories that would be of interest to physicians or could have an impact on their practices. This headline caught our eye;

Guess the Verdict to Support Your Favorite Charity

A New York personal injury law firm is running a contest – they give you the description of an actual personal injury or malpractice case and you guess the settlement. The closest guess to the actual settlement wins an iPad2.

Must Physicians Make Their Website Accessible to Visually Impaired Patients?

August 15, 2024April 13, 2011 by Jeffrey Segal, MD, JD

Michael J. Sacopulos, Esq. Several years ago, the National Federation of the Blind filed a suit against the retail store, Target. The issue centered around Target’s website allegedly not being compliant with the Americans with Disabilities Act. National Federation of the Blind v. Target Corp., 452 F. Supp. 2d 946 (N.D. Cal. 2006) challenged if … Read more

Trash-Talking a Competitor Can Land You in Hot Water

August 15, 2024April 12, 2011 by Jeffrey Segal, MD, JD

Jeff Segal, MD, JD, FACS It’s a strange world of language in which skating on thin ice can get you into hot water. ~ Franklin P. Jones It’s almost irresistible. A prospective patient comes to your office. The prospect says her friend just had surgery performed by your competitor. The prospect asks you about the … Read more

Tax-Saving Ideas You Can Do Now

August 15, 2024March 31, 2011 by Jeffrey Segal, MD, JD

Don’t Let Another April 15th Be Rainy for You: 4 Tax-Saving Ideas You Can Do Now

David B. Mandell, JD, MBA; Jason M. O’Dell, CWM; Carole Foos, CPA

As a physician, do you realize that – between income, capital gains, Medicare, self-employment and other taxes, you spend 40 to 50% of your working hours laboring for the IRS and your state? That is a lot of time with patients for someone else’s benefit. Given the significance of this fact, shouldn’t your advisors be giving you creative ways to legally reduce your tax liabilities? How many tax-reducing ideas does your CPA regularly provide you? If you are like most physicians, you probably get very few tax planning ideas from your advisors.

Given these sobering facts, the purpose of this article is to show you five ways to potentially save and possibly motivate you to investigate these planning concepts now, before the end of the year. Let’s examine them now:

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