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.
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all. Here’s a sample of typical recent consultation discussions…
- Former employee stole patient list. Now a competitor…
- Patient suing doctor in small claims court…
- Just received board complaint…
- Allegations of sexual harassment by employee…
- Patient filed police complaint doctor inappropriately touched her…
- DEA showed up to my office…
- Patient “extorting” me. “Pay me or I’ll slam you online.”
- My carrier wants me to settle. My case is fully defensible…
- My patient is demanding an unwarranted refund…
- How do I safely terminate doctor-patient relationship?
- How to avoid reporting to Data Bank…
- I want my day in court. But don’t want to risk my nest egg…
- Hospital wants to fire me…
- Sham peer review inappropriately limiting privileges…
- Can I safely use stem cells in my practice?
- Patient’s results are not what was expected…
- Just received request for medical records from an attorney…
- Just received notice of intent to sue…
- Just received summons for meritless case…
- Safely responding to negative online reviews…
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You think medical politics are contentious in the US? Let’s step over to South Korea for a moment.
As I write, a legislative bill is about to be passed allowing for surgical procedures to be videotaped.
According to the bill, hospitals must video-record medical procedures upon the patient’s or guardian’s request when an operation is conducted while the patient is unconscious such as under anesthesia. They have to save the recording for more than 30 days for future reference in case of legal disputes, and viewing the recording will be allowed upon request by an investigative body or a court, or when the patient and the hospital agree.
There are exceptions where recording is not required if there are “valid reasons,” such as for emergency operations or operations involving high risk to save a patient’s life. There will also be a two-year grace period before full implementation.
The Korean Medical Association warned it will take legal action to prevent the passing or implementation of this bill.
“Under the system where all doctors struggling to save patients’ lives are placed under surveillance and their every procedure is subject to judgment, it is very likely doctors will want to avoid high-risk procedures,” the statement read.
It said video surveillance of medical personnel also violates their human rights and privacy and leads to distrust between patients and doctors.
In contrast, the Korea Alliance of Patients Organization (KAPO) supports the bill. It actually wanted the bill strengthened. It argued that there were too many loopholes in the existing language, and hospitals would be able to arbitrarily turn the cameras off. Further, KAPO stated that additional organizations should have access to the videos, such as the Korea Consumer Agency.
What started this debate?
In 2014, medical workers at a famous plastic surgery clinic in Gangnam, Seoul (you undoubtedly have heard of Gangnam Style Korean music videos) were celebrating a birthday in the operating room, eating cake and playing with the implants.
At the time, several politicians moved to install cameras in the operating rooms. The doctor’s group quickly shut that down.
Other high-profile medical malpractice cases reopened the door to this controversy. Such cases included surgeries performed by unlicensed individuals – such as medical device salesmen.
Some hospitals did not wait for legislation. They voluntarily installed the cameras.
The public is on board. In a survey of 14,000 respondents this summer, 98% agreed there was a need to install surveillance videos in the operating room.
Stay tuned.
What do you think?
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.
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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.
If I’m a patient, I want to know what went on in the OR. If I’m a surgeon and I don’t want people to know, I have to be prepared to tell my patient why I don’t want him or her to know. That would be tough to explain.
If you don’t like heat, don’t cook.
Or if you’re going to do something stupid, keep it out of the OR. Wow.
Residents will never operate again under these circumstances
Perhaps they ought not to do the until they’re prepared.
The most thoughtful thanks I ever got from a trainee was from the guy who was by far my best. He called me two or three days after he started working at his new job fresh out of his neuro fellowship. When he called, he told me that he had just finished the toughest angiogram he’d ever done. I knew that he had great hands and was smart as anything, so this puzzled me. I asked him what made it so tough.
“I watched a resident do it.”
That was touching. It also said a lot about how he saw the way I taught: watch me for a while, then assist me. Then I’ll assist you for a long, long time. And finally I’ll watch you. He figured out just how difficult that sequence is–particularly the last step. Seems that he was a little more permissive than I was–or perhaps just more secure.
You’ve described the implementation of the mantra, “See One, Do One, Teach One”. That is you haven’t mastered a procedure/concept until you can teach someone to understand and do it.
However every patient expects the attending to do everything (despite being told otherwise) and the video proof that it is the resident making the cut will engender a lot of charges of malpractice and assault & battery.
I had a once-in-a-lifetime opportunity to be allowed to take a rotating surgical/medical program at Munson Army Hospital and Wadsworth VA hospital. During those years, such programs were not generally “available” and required a fairly high class standing to be allowed into them.
It was a life-changing experience working as a resident in a VA and Army Hospital. It is inconceivable that I would partake in any behavioral aberrations that would reflect badly on either myself or the chief of my service. I served with co-residents who were DDS’ and MDs. At the time I was the only DPM resident. I was very much aware that I was being watched and judged by everyone. Any slip-up or failure to do my best would reverberate like a loud speaker.
It remains one of the most cherished times of my life. I cannot even imagine jeopardizing it for any reason, much less a “birthday party” in an OR or “playing with implants.”
I will never understand students or residents who believed they are “entitled” to their educational opportunities. There were DPM’s and MD’s who stood before me who worked ceaselessly to get me there. I deeply honor and appreciate their efforts.
Michael M. Rosenblatt, DPM