Legal

Everyday Legal Questions Physicians Ask

Can you prescribe for family? What happens if a payer demands a refund three years later? Our Legal Blogs tackle routine yet critical issues—self-prescribing, contract renewals, sham peer review defenses, and medical record ownership—using real complaints, board orders, and court opinions as teaching tools.

Current Cases & Court Commentary

When an appellate court clarifies peer-review immunity or a state supreme court limits punitive damages, we translate the opinion into practical next steps: adjust bylaws language, revisit informed-consent language, or refine incident-reporting practices. Posts avoid dense legalese and focus on how rulings might influence documentation, credentialing, and professional liability.

Contracts, Employment, & Corporate Practice

From negotiating call-coverage stipends to spotting restrictive non-compete clauses, articles guide physicians through employment and partnership contracts. We also examine corporate-practice-of-medicine rules, covering management-service agreements, fee-splitting prohibitions, and telemedicine ownership structures.

Licensure & Professional Discipline

The blog discusses board investigations stemming from social-media missteps, substance-use allegations, and documentation irregularities. We help physicians respond promptly, assemble supportive records, and protect due-process rights.

Administrative Law & Compliance Basics

Expect discussions of Stark, Anti-Kickback Statute safe harbors, Medicare enrollment revocations, and false-claims liability—presented with examples relevant to office-based specialists and hospital-employed physicians alike.

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:

Medical Justice and the Impact on Patients

August 15, 2024March 24, 2011 by Jeffrey Segal, MD, JD

We recently returned from a meeting that included business advisors to doctors. One advisor stated that what we do impacts a trend that has made her particularly sad. This woman, in her 60’s, said she sees residents and fellows graduate from their programs, armed with the latest life-saving techniques, excited to “save the world.” Invariably, … Read more

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