Now starring in the role of witness, the world famous actor.…

Jeff Segal, MD, JD, FACS

If you’ve ever faced a malpractice suit, you know the potential pitfalls associated with an expert witness. Juries rely on expert testimony to explain complex medical issues, elucidate the standard of care and judge whether that standard was followed. Unfortunately, instead of an impartial expert, plaintiff attorneys often employ a “hired gun” – a professional expert witness with suspect motives, willing to testify to a specific point of view.

Now, in addition to problematic experts, doctors with malpractice suits in Florida could face another questionable tactic – professional actors reading statements for witnesses who cannot attend the trial. Reuters reports on Actors at Law; a company that supplies professional actors to read statements for absentee witnesses in court.

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Break Out The Champagne

Jeff Segal, MD, JD, FACS

If at first you don’t succeed, try, try again.

On July 25th, the North Carolina House of Representatives overrode the Governor’s veto of substantive tort reform. The North Carolina Senate overrode the veto last week. The bill will now become law.

This effort began decades ago and was finally realized this week. Most notable is the cap on non-economic damages. The law caps these damages at $500,000. This is considerably higher than other states that have passed reforms – such as California and Texas. But, it removes the uncertainty from what was previously the status quo – where the sky was the limit.

The bill was designed to balance the interest of injured patients with those of practicing physicians.

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Medical Board of California – Fraud Alert

From the Medical Board of California The Board has been advised that several physicians in the Los Angeles area have been contacted by an individual impersonating an Investigator with the Medical Board of California. The individual asks physicians for their social security number and a credit card number, threatening cancellation of their license. This individual … Read more

Patient Bills Her Doctor For Making Her Wait

Jeff Segal, MD, JD, FACS

CNN.com recently reported the case of Elaine Farstad. An IT specialist from Everett, WA, who became angry when her physician was late for a scheduled appointment, Ms. Farstad calculated her hourly wage rate and billed her doctor for the time she had to wait – to the tune of $100. Interestingly, her doctor sent her a check for the full amount.

In fact, many practitioners are now using cash, gifts or credit for future appointments to “compensate” patients for time spent in waiting rooms.

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Dr. Mark Weinberger: A Rotten Apple

Jeff Segal, MD, JD, FACS

It’s an easy call. Dr. Mark Weinberger is a rotten apple. More than 300 medical malpractice cases have been filed against him. Most haven’t even gotten started. In the first case to pop through, the estate of Phyllis Barnes vs. Weinberger, the jury delivered a $13 million verdict for the plaintiff.

Maybe Dr. Weinberger doesn’t care. He’s in prison. And his professional liability carrier is working overtime to distance themselves from having to provide legal defense.

A little background.

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House of representatives

Bill to Make Doctors Histories Available Moves to Senate

Bill to make detailed IL doctors’ histories available moves to Senate According to a recent Chicago Tribune article, a bill (Patients’ Right to Know Act) in Illinois that has already made its way through the House and is on its way to the Senate could allow patients to view detailed histories of their doctor online … Read more

Cliffhanger Congress: Senate Passes Medicare Payment Bill

This Congress may be a Lame Duck, but that didn’t stop the Senate from at least one unanimous decision. Yesterday, December 8, 2010, the Senate passed legislation to extend Medicare payments for another year. With just 3 weeks left before the massive 25% pay cut to physicians would have taken place, and since the House must still pass the same action before they break for the rest of the year, it’s fair to say they’ve cut it a bit close. Since there was unanimous consent, one wonders why this wasn’t passed long ago. Perhaps the answer lies in figuring out how to pay for it, but this seems unlikely as well.

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Legislators Bring 13-Month Bandaid Bill

For what seems like centuries now (hyperbole, or prophecy?) Congress has been putting patches and bandaids on Medicare payments, approving continued pay at (barely) tolerable rates, a month at a time, a few months here and there. In June of 2010, President Obama signed a bill delaying the cuts another six months. Now December 1 looms, less than one week away, and that 23% Medicare payment cut is before us yet again (with an additional 1% cut coming on January 1, 2011). So what does the House do? Propose a slightly longer bandaid.

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Medical Justice Announces Partnership With New Jersey Society of Plastic Surgeons

New Jersey Society of Plastic Surgeons and Medical Justice Announce Partnership

– Partnership extends Medical Justice’s programs to preempt frivolous lawsuits, unwarranted demands for refunds, and Internet defamation to Members of the New Jersey Society of Plastic Surgeons –

FOR IMMEDIATE RELEASE

GREENSBORO, NORTH CAROLINA, August 18, 2010 – – The New Jersey Society of Plastic Surgeons (NJSPS) recently announced partnership with Medical Justice®, the organization that protects healthcare professionals against frivolous medical malpractice lawsuits, unwarranted demands for refunds, and online defamation.

Medical Justice focuses exclusively on the healthcare industry. Their members enjoy significant reductions in frivolous medical malpractice cases and other related medico-legal threats. The partnership is intended to aid the Society by preemptively mitigating medico-legal risks for members while further enriching and enhancing the Society’s mission.

Effective immediately, Medical Justice will offer NJSPS members preferred price discounts on its full membership, (encompassing all products and services,) based on NJSPS Member participation. The NJSPS will add Medical Justice as a new member benefit for its members.

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