Some Cases Should Be Settled

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

I know I don’t have all the facts. And facts matter.

But, here’s a headline that caught my eye. Duke Docs Who Attached Intestine to Vagina Must Stand Trial. This headline addressed an appellate decision overruling a lower court that concluded because the plaintiff did not produce an expert witness, the case must be tossed. Expert witnesses are typically needed to adjudicate medical malpractice claims because of the technical nature of healthcare and the legal principle that a bad outcome, in and of itself, is necessary but not sufficient for malpractice.

The allegation asserted that after surgery to remove a piece of intestine, it was reconnected to the patient’s vagina, instead of the rectum. The N.C. Court of Appeals said, despite the technical nature of the surgery, it’s “common knowledge and experience that intestines are meant to connect with the anus, not the vagina, even following a surgical procedure to correct a bowel problem.” In other words, the court concluded you do not need an expert to know the intestine should not be reconnected to the vagina. A layperson should know that.

While there may be valid legal reasons to defend such a case – such as the standard of care was met, it would have been simpler to have allowed the plaintiff her day in court, with or without an expert. Or, if the surgeons believed there was clear negligence or this was a close call, a settlement might have been in order. While the outcome of the medical case might not have been reasonably prevented (again, I do not know the facts of the case), the headline which ultimately emerged was preventable.

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

Learn how Medical Justice can protect you from medico-legal mayhem… 

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2021 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With decades of combined experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.