Perfecting the Patient Dismissal Letter – How to Avoid Patient Abandonment and Other Medicolegal Complications When Terminating the Doctor-Patient Relationship

We are a group of physicians that have been working with the Medical Justice eMerit team for the past 9 years. They have helped us obtain many more reviews from our patients by streamlining the process and making it much more convenient for our patients. They have also helped us in the process of flagging and getting fictitious reviews removed. Throughout our experience with them, they have been highly effective, honest, timely, talented and professional. If you are looking for a service to help manage your reviews, we highly recommend them.
Elliott23232323
Elliott23232323
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The competence and responsiveness of the Medical Justice / eMerit team is remarkable. We have been super impressed with Robin and Josh, and their entire team. We ran a "test" with them and we've been more than happy to give them more business. They are now our go-to group. Thanks again, Team Medical Justice!
Christopher Scully
Christopher Scully
13:54 15 Dec 23
I have been a client for many years and have appreciated Medical Justice's expertise and numerous perks including internet defamation prevention. The team was readily responsive to my needs and helped to remove an unwarranted negative online post. It's difficult enough to practice medicine, much less maintain one's professional online reputation. I highly recommend Medical Justice for any medical professional.
Sohail Delfani, MD
Sohail Delfani, MD
17:05 25 Oct 23
Very enjoyable experience
Brittan Willimon
Brittan Willimon
21:13 09 Jan 23
Totally worth it! I had an issue with a very large insurance company threatening to remove me from their network. Contacted Medical Justice right away. Within lass then a week, Dr. Segal had crafted a magnificent 60-page appeal! Insurance company kept me in network, which saved me a lot of hassle and headache. Worth every penny!
Barbara Wood
Barbara Wood
18:01 13 Dec 22
I have used emerit for 10 years and have been extremely pleased with their service. highly recommend to all medical professionals especially plastic surgeons. very responsive CEO and staff. thanks!!!
Neil Zemmel
Neil Zemmel
13:56 13 Apr 22
When hiring someone professionally fortheir advice, the most important aspectfor me is their time that they give me todiscuss what I need to get the job done.Dr. Segal was always available whenever Ineeded to speak. He is extremelyknowledgeable, patient and kind. He hasthe unique perspective of the legalprofession from a doctors point of view.This is priceless in terms of understandinga Doctor's concerns.
Endodontic Group
Endodontic Group
00:38 31 Jan 22
I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. Your matters are handled STAT and in a professional and assuring manner. In a legal sense, they set you up with tools for preventive care, assist when there is an injury and handle the legal traumas. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. No physician or dentist should be without this service...period.
Edward Kirsh
Edward Kirsh
21:17 30 Jan 22
I highly recommend Dr. Segal for all doctors who would like to have a bullet proof practice and avoid unnecessary litigation and threat by patients. He is always available and punctuate with time. We have a very busy practice in northern California and Dr. Segal has been a unbelievable asset and success to run it smoothly. You won't regret his service.
Sani Aesthetics, M.D.
Sani Aesthetics, M.D.
01:17 28 Jan 22
Medical Justice is always responsive and gets to solutions. We especially appreciate Josh P and his relentless drive to help us satisfy our customers. Their knowledge of the digital landscape brings us closer to prospective patients.
What's NEXT
What's NEXT
15:06 16 Nov 21
Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. Recommended to any healthcare provider needing help online with social media.
Spencer Hawkins
Spencer Hawkins
16:37 12 Sep 21
Dr. Jeffrey Segal and Medical Justice are amazing! They helped me deal with a frivolous and false board complaint to my license quickly and professionally. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. Dr. Segal also helped greatly in advising me how to protect my practice and avoid similar issues moving forward. I'm fortunate to have found their services! While I hope to not have to deal with more frivolous complaints in the future, I feel better knowing that Dr Segal and Medical Justice are there to help me navigate through what may come.
Lisa Wagner
Lisa Wagner
18:06 16 Aug 21
Dr. Jeff Segal is great at what he does! As a physician and lawyer he understands clearly the difficulty of practicing in this day and age. Having both backgrounds is his biggest strength in the medico-legal arena. He gives sound logical advice and is very responsive. I am glad that I trusted him with my issue which he solved by doing background research into the issue from other specialists. He approached the problem like a physician in a very methodical and detail -oriented way. I'm so happy to have found him! I highly recommend!!!
Nicole Basa MD
Nicole Basa MD
02:14 10 Aug 21
Medical Justice is the GO TOO for any medical provider.
Curt Litton
Curt Litton
00:35 29 Jul 21
Medical Justice exceeded my expectations on delivery of professional services. Top notch professionals, only the Best, and advisors on every medico-legal area of health care, especially Dentistry, with the Great, Vince Monticello, DDS, MBA, JD, on-board. By far a great investment. I enjoy doing business with Jeff and his Outstanding Team!
Rob Eye
Rob Eye
16:16 27 Jul 21
I’ve now been a subscriber and client of medical justice for over a year. Dr. and attorney Jeff Segal has been helpful on several occasions. He has guided me through both potential patient issues as well as recent HR pandemic concerns. He along with the Medical Justice team have given me reassuring legal advice that allows me to proceed with confidence through these difficult times. This is one of my best investments in business and personally.
Walter Tom
Walter Tom
16:06 25 Jul 21
I cannot give enough thanks for Medical Justice’s existence! It is a company that fills such a highly needed niche’ in medicine – especially aesthetic medicine. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. I admire his drive and envy his intelligence. He first completes a rigorous Neurosurgery Residency. That by itself deserves tremendous kudos from anyone in the medical universe. Yet, he eventually goes back to obtain his JD. Yet what he has done in blending those two degrees into an amazing entity, Medical Justice, is nothing short of phenomenal.I was an early adopter of Medical Justice, and all that it provided for me as a surgeon and a business owner, as I am in my 12th year (this year being 2021) of being a member of Medical Justice. Throughout those twelve years, I have leaned on their team in helping maintain a fair and hard-earned online reputation when unfairly attacked. Also, Dr. Segal has always been personally involved with assisting me in resolving conflicts with difficult and unreasonable patients. He has always been only a phone call away, and prompt with his response.What I have especially appreciated is in my discussions resolving these occasional issues with patients over many years, Jeff seems to possess a third therapist certification as a compassionate, empathetic peer that understands my hurt and frustration. He has a way through the phone to put his arm around me, making me feel he sympathizes with my hurt and frustration, and together we will get through whatever issue, and the sun will rise in the morning. He then produces what he promises, as he has threaded the needle to resolution more than once for me. He feels like the big brother I never had that is there for you with honest, realistic guidance to amicable conclusions, when called upon.I just hope I retire before him. I can’t image practicing my specialty without someone like him, as well as his amazing team that he has gathered, that has and continues to have my back. - Dr. Burke Robinson, Robinson Facial Plastic Surgery
Burke Robinson
Burke Robinson
19:17 14 Jul 21
Jeff Segal, MD, JD was a tremendous help to me when battling a frivolous and retaliatory complaint to the State Medical Board. Jeff and the Medical Justice team fought immediately and tirelessly to clear this absurd complaint. It was validating, vindicating, and made me have hope again to practice medicine. It renewed my faith in the justice system and made it a pleasure to practice medicine again. Skillful. No - Masterful. There is really nothing that can replace the knowledge of an MD/JD or DO/JD to defend physicians. They were absolutely in my corner. Additionally, Medical Justice found negative reviews that I was not aware of and helped me address those concerns. Well worth every penny!
Terri Bowland
Terri Bowland
16:32 14 Jul 21
I cannot recommend a more professional or effective and caring team to help in legal matters which are delicate and require a high level of care. Dr. Segal is one of the most intelligent, thoughtful, and efficient attorneys that I have had that pleasure of working with. He was always available and attentive and demonstrated genuine concern and compassion towards making sure that all matters were handled with the highest level of efficacy. I highly recommend Dr. Segal and his team to any physician or practice, they will not disappoint!
Kriti Mohan
Kriti Mohan
02:15 15 Mar 21
Dr. Segal is kind, professional, and a complete genius! I am so glad to have found him! I would recommend him hands down for anyone needing legal assistance!
Samantha Britt
Samantha Britt
19:57 28 Jan 21
I am an oculofacial plastic surgeon who has been a member of Medical Justice for well over 10 years. It is a pleasure for me to be able to recommend their services to others.We have utilized the Medical Justice consent forms for operative patients throughout this time. It gives me peace of mind to know that any expert witnesses who may be called to give testimony against me are from my specialty. It also gives notice to any potential plaintiff firms that I have not only my malpractice carrier but also Medical Justice working for me should any claims arise, and puts them on notice that any frivolous claims can be in turn be litigated by me against them and the plaintiff.Does this translate to less claims or better results if claims are brought? I can only say that in 30 years of practice I have had a handful of patients request records be sent to plaintiff attorneys, and none have become suits.I can and have offered my highest recommendation for this firm and their services. Their services and client support are outstanding, and are especially beneficial when that letter for your records comes in. To have them on your side is a comfort we can all use.
Alan Brackup
Alan Brackup
15:01 07 Dec 20
The Medical Justice team have a wealth of knowledge and experience in this space. I highly recommend them to medical professionals and practices of any size. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective.
GenXovite Pro
GenXovite Pro
15:42 23 Nov 20
As a physician, reputation is everything. This is why I’ve trusted Emerit for years! Their unmatched ability to handle my clinic’s online reputation has helped us earn more credibility therefor increasing our patient base. They also create custom surveys for patients along with weekly reports so we can provide better treatment. These little things give us the ability to address certain areas of the practice and fix them immediately. I would highly recommend that healthcare providers to at least consider Emerit when considering an online reputation partner. I know I’m glad we did … Robert Odell, MD, PhD, Neuropathy & Pain Centers of Las Vegas
Robert Odell
Robert Odell
17:06 13 Nov 20
I recommend Medical Justice and its founder Dr. Jeff Segal with great enthusiasm. As medicine evolves the private practitioner has become increasingly more isolated. I signed up with Medical Justice so that I would have a sound legal back up for clinical business decision making. My private consultation with Dr. Siegel, neurosurgeon and attorney was insightful. His team, medical justice has already supplied us with appropriate patient forms to help me to continue practicing medicine with confidence. They have already initiated our web presence reviewing with recommendations.Dr. Segal was also readily available for a specific case consultation, and I appreciate his counsel and direction. The peace of mind and collegiality is well worth the investment in Medical Justice.
Walter Tom (Dr Walter Tom)
Walter Tom (Dr Walter Tom)
18:56 05 Nov 20
Have had the help from Medical Justice for about a year now. They are very responsive and always available to answer questions and help with any practice issues I may have. The most satisfying aspect of their assistance is in obtaining and posting patient reviews on various sites. A big help in that
Jonathan Lebowitz
Jonathan Lebowitz
00:50 03 Nov 20
In this era of digital feedback and punishment through fraudulent reviews. I wouldn't leave home without them!!
David Pincus
David Pincus
15:15 02 Nov 20
After a complete nightmare of a frivolous suit in 2002, aided and abetted by the sheer avarice of a competing surgeon right across the street (stunningly, a $2.1 million award over a pea-sized suture granuloma; when it went to the state medical board they dismissed the case as “groundless”), I was advised to join Medical Justice.What a wonderful team! Everyone there has been immediately available for any questions or concerns that have come up over the years. Just having Medical Justice’s cover letter stating that one’s a member will be enough to stop a frivolous threat dead in its tracks — and that alone makes the eminently reasonable annual fee worthwhile many times over.Knowing that Medical Justice “has my back”, and knowing that because of these fabulous people, the worst and most profoundly mind-bending experience of my life would never be allowed to happen again has given me the peace of mind to continue and even enjoy and relish my career over these many years.I can’t say enough about Dr. Jeff Segal, Mike Odden, Wendy Cates and the rest of this amazing team! Joining Medical Justice absolutely will be one of the best decisions of your career. How about 10 stars!⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️
Holly Barbour
Holly Barbour
18:39 05 Mar 20
We have been MedicalJustice members for over nine years, and this is a service that has been priceless for us, and our facial plastic surgical practice. Ninety percent of our new patients cite the Internet as their source of referral, so for us, our internet reputation is priceless. Plus my kids see what's on the internet about our practice. MedicalJustice scours the internet for any online posts about your practice, good and bad. Even if you are able to do things exceedingly well, it is unlikely that you will be able to deliver impeccable care with exemplary bedside manner 100% of the time, have the perfect staff, and count zero competitors. And thus, unfortunately, being defamed on the Internet is an occupational hazard.I recommend MedicalJustice without reservation to any medical practice, since nearly all patients will google you before calling for an appointment. Everyone at MedicalJustrice from our advisor Shannon, to the CEO, Dr Jeff Segal, is knowledgeable, friendly, and genuinely glad to help physician practices like ours. I am grateful for all they have done to help our "mom and pop shop" thrive, and navigate unchartered waters on the internet. MedicalJustice has been outstanding for our practice in these situations :1)Reputation management. The American Academy of Facial Plastic and Reconstructive Surgery recommended MedicalJustice to all members in 2009, and after we got on-board, we were surprised to see more than a few negative internet reviews and comments about our practice. Frankly, I do not have the time nor desire to actively surveil the internet about our practice, but someone NEEDS to. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. 12% of patients who request rhinoplasty have BDD, and as of August2018, there is no reliable method for ruling this out preoperatively. The small minority of unhappy postoperative patients may post on multiple sites, and have the longest and most painful words. MedicalJustice has helped us A LOT in this arena.3) Dealing with internet defamation.4) How to manage the disgruntled patient, and more importantly, the "difficult" scenario where you don't know what to do, and it's not malpractice.5) How to manage patients threatening to harm themselves or others.6) How to manage patients demanding a refund.7) Advice with patients threatening to sue.8) Advice with copyright infringement.9) Obtaining positive reviews from our patients with eMerit.If any physicians wish to reach out to us for any questions, it would be our pleasure. Thank you. Dr Joseph
Eric M. Joseph, M.D.
Eric M. Joseph, M.D.
19:17 09 Mar 19
Great doctor.My neck pain is gone. The doctor explained everything in detail. He was patient and respectful.
Sushil Basra
Sushil Basra
01:57 31 Jan 19
No medical professional should be without this service! I have been a long time member and will never give up my membership. I have never had such clear and concise solutions to common issues, education regarding what I need to do and how to be best prepared for common issues that arise. Whenever I have had a question, I get immediate responses that are clear, concise and of great value! Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. You need to be aware, and appropriate- this service is absolutely the best resource you could want for you to meet your obligations, as well as be prepared for common issues. Not only has Dr Segal experienced both sides of many of these issues- he is brilliant, and condenses issues down - allowing you options that allow for the smoothest possible outcome for all involved. I honestly could not recommend it more!CR MD
Celia R
Celia R
18:35 12 Nov 18
A must-have for every physician. Their expertise in medical malpractice defense, and internet reputation management, is unparalleled.
Armond Levy
Armond Levy
01:27 07 Oct 18
HIPAA is complicated and always changing. That is why I recommend Medical Justice to all my clients. They are knowledgeable and trustworthy.
Jen Longtin
Jen Longtin
22:58 29 Sep 18
Impeccable service and reputation from the CEO on down. Helped me grow my practice by vastly improving the quality of my online presence. In addition, I am now insulated from the occasional anonymous and damaging online reviews. I see many additional new patients who have “googled” me and have read my numerous outstanding reviews. In addition they have helped protect me from frivolous law suits while readily providing expert legal advice. In this day and age, in my opinion, every physician needs Medical Justice standing behind them. Thank you, Medical Justice!
David K
David K
05:57 16 Sep 18
I have partnered with their organization while working in two separate companies and they have continued to provide outstanding support, superior service and communication and remain ever available. I would not practice medicine without their support.
Christina A
Christina A
15:16 13 Sep 18
We have been working with Medical Justice and Emerit for years. I would highly recommend them. They have been very responsive to all of our needs in our practice. They have guided us on how to get our patients to share their experiences online Dr. Segal has given us honest advice over the years and he has never steered us wrong. Highly, highly recommend Medical Justice!
Angela Parker
Angela Parker
20:25 12 Sep 18
Medical Justice is the real deal. They are professional, knowledgeable, timely, and their rates are beyond reasonable. Put all of that together and they have become an invaluable asset to our practice.
Jackie Foster
Jackie Foster
17:38 06 Sep 18
Our surgical practice joined Medical Justice and eMerit many years ago and it has been an invaluable resource and support. Jeff Segal, the founder, is a surgeon and an attorney who understands the challenges that physicians face today. They have been our advisors, mentors and dispensers of wisdom for any and every issue that we presented to them as well as in growing our practice. I can't imagine running our practice without them all of these years.
Bonnie Pontell
Bonnie Pontell
14:48 06 Sep 18
EXTREMELY beneficial. The ratings have done more for my Google search rankings than my website. Worth every penny. It is 2018--get on board with your online presence!
Scott Phillips
Scott Phillips
14:13 06 Sep 18
I have been a client of Medical Justice for many years. They provide a fantastic opportunity for Healthcare providers to defend against frivolous claims and to control their reviews using the eMerit platform.The service and the reviews have been extremely valuable to my practice, my social media presence and ratings as well as protection against some false claims over the years.They are always available, responsive and timely in their assistance. Dr. Segal offers a wealth of resources, insight and legal advice due to his vast experience in this venue.I highly recommend this service for anyone with a medical or dental practice.
Semira Bayati
Semira Bayati
16:27 05 Sep 18
Dental Justice has helped us manage challenging patients who are impossible to please. Let them show you that there is a better way than being frustrated.
Mitchel Friedman
Mitchel Friedman
14:53 04 Sep 18
Worked with Dr. Jeff Segal and his team for many years, I absolutely trust them when it comes to protecting our practice and team. I give my highest recommendation and I sincerely appreciate your thoughtful approach as leaders in the industry ( :
Rich Castellano
Rich Castellano
03:40 04 Sep 18
I have been a member since its' inception and can recommend the company without any reservations whatsoever. I benefited from their online review services, their involvent in preventing a frivilous malpractice threat, and their pro-active legal seminars. Thank you Dr. Segal for all your efforts.
Michael Prater
Michael Prater
21:55 02 Sep 18
It only took one reading for me to become a big fan of Leonard Berlin's.Who was Leonard Berlin?He's the radiologist who countersued a plaintiff who tried to make a fast buck by frivolously suing him. When I finally met him, I told him that I'd been following what he was doing.Berlin was the first MD I knew who fought back. When I read about Medical Justice, it was clear to me that in case I got sued frivolously, I, too, would be able to counterpunch.Raised by a pair of criminal lawyers in New Orleans (yes, really), I pretty much had a (legalistic) chip on my shoulder from childhood. Medical Justice welded it there. Instead of being a 98-pound weakling in the face of a pseudo-legal assault, it made me a Charles Atlas kinda guy.No fear after joining up. I was surprised at how reasonable the rates are.
Joseph Horton
Joseph Horton
19:00 02 Sep 18
I have used Dental Justice for the past several years and have always been happy with their service. They are professional and timely. Dr Segal has been great with his knowledge, advice, services and timely responses. I would highly recommend them to anyone in the dental or medical profession.
Shane Claiborne
Shane Claiborne
14:28 31 Aug 18
I have been using E Merit and Medical Justice’s services for the last nine years. I have found their helpful feedback to be of tremendous value to me and to my practice. I am extremely grateful to Jeff Segal and his entire team for their thoughtful and professional help. You will not be sorry if you give them a chance. I don’t know anyone who has not found them immensely helpful or who has stop using them once they have engaged their services.
Joseph Stern
Joseph Stern
01:43 30 Aug 18
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A reason to utilize a patient dismissal letter.

Dismissing a patient is challenging. Sometimes arranging a graceful exit is best for both you and your patient. This article discusses general tips.  Every case is different. When you do dismiss a patient, individualization is critical. Among other things, you must ensure continuity of care. If you are wondering when you can refuse to treat a patient, or terminate the doctor-patient relationship, schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD. Medical Justice has helped thousands of doctors address patient conflicts and a bevy of other medico-legal obstacles. We are ready to help.

With that said, onto the article.

Physicians dismiss patients for numerous reasons. The circumstances are never identical, nor are they always undesirable. Often the decision is mutual. As the patient’s care evolves, sometimes the physician responsible for his treatment must change. These “exchanges” are natural and sometimes necessary to drive a patient’s recovery. It’s worth noting patients can dismiss physicians, too.

Other times a patient is dismissed because he becomes a professional hazard. He doesn’t pay his bills. He abuses your staff. His presence creates distractions, which jeopardize the care of other patients.  

Reasons notwithstanding, when you need to dismiss a patient, the act is memorialized in a patient dismissal letter. These letters are chameleons. Their language must change to suit your patient’s circumstances. The art of writing the “bullet-proof” patient dismissal letter is one many a physician would love to master. Written correctly, these letters insulate you against potential charges of malpractice and patient abandonment.  

Let it be said – not all paper shields are useless. 

At Medical Justice, we’ve co-authored hundreds of patient dismissal letters with our clients. The objective of these letters is simple: Help our clients (and indirectly, their patients) formally end the doctor-patient relationship. This allows our clients to move on with their lives without living under the threat of a rogue abandonment charge or a meritless malpractice claim. Conversely, they free the patient to pursue care elsewhere.  

The purpose of this article is to teach doctors how to distinguish a competent patient dismissal letter from an incompetent one. Understanding the difference is important. If you get this wrong, the consequences will be steep. Patient abandonment can be career altering. Dismissal letters exist in part to foreclose such charges.

We’ll begin by defining the obstacle we are attempting to avoid. What is patient abandonment? Here’s our definition…

Patient abandonment occurs when a doctor cuts off the physician-patient relationship while the patient actively needs care and does so without adequate notice to allow the patient to reasonably obtain care elsewhere.

Keep in mind the decision to separate patient from doctor does not need to be mutual. It can be unilateral on your part, even if the patient objects. But medical care is a unique type of interaction because it can literally be a matter of life and death – so the dismissal letter must account for this fact. If the decision to separate is unilateral, your relationship with your patient may (or may not) be amicable. Which brings us to our next point… 

What if my patient is hostile? What if he’s suing meDo I still have to treat him? 

Our answer is a hard but sympathetic: “Yes. Yes, you do.” You must remember: the doctor-patient relationship only ends when one entity discharges the other. Thus, the necessity of the patient dismissal letter. Unless the patient has previously provided you with a notice of termination of his own making, you have an affirmative duty to memorialize the termination of the relationship. 

Here’s a list of circumstances that, despite their frustrating nature, do not dissolve the patient-physician relationship…

+ If the patient has an outstanding bill, you must treat him.

+ If the patient is suing you, you must treat him. 

+ If he has not contacted the office for a long period of time, you must treat him.

+ If he behaves in a non-compliant manner, you must treat him.

+ If he leaves the hospital against medical advice (AMA), you must treat him. 

+ If the patient changes insurance coverage to an entity you do not accept, you must treat him.

+ If the patient’s managed care plan “deselects” you, you must treat him. 

Until you dismiss him (or until he dismisses you), you are married to him. That said – if your patient has an outstanding bill, intends to sue you, or regularly mistreats you or your staff, you should consider terminating your relationship with him ASAP. A companion piece that addresses these red flags – and several others – is available for download at the end of this article.  

Onto the heart of the piece: Distinguishing competent and incompetent dismissal letters. We’ll demonstrate by presenting templates we believe represent examples of competent patient dismissal letters. These “competent” examples will be followed by a list of characteristics that we associate with incompetent patient dismissal letters. We’ll conclude the piece by examining our templates and identifying how each avoids falling into the five traps described. 

The first item to address: Are you dismissing your patient? Or is your patient dismissing you?  

In the event your patient instigates the switch, he’s likely conversed with you about it. If you have received a signed letter (or an unambiguous message – email) from him affirming his decision to seek care elsewhere, rely on it.  

If you have received no documentation from the patient, don’t wait for him to act. Provide the patient with a dismissal letter. Memorialize your previous discussion. Medical Justice provides members of our organization with bullet-proof templates. If you are considering dismissing a difficult patient, schedule a free consultation with our Founder and CEO, Dr. Jeff Segal – a neurosurgeon and attorney.

This letter serves two purposes. It is a record of past events and demonstrates your willingness to cooperate with your patient. You are facilitating a smooth transition. You are not standing on the other side of the proverbial door, back braced, determined to repel the patient at all costs.  

If the roles are reversed and you are dismissing the patient, we can provide a suitable template.

The reason for termination is generally not stated. This is by design – we’ll explain why this matters shortly. The letter is careful to provide space for the physician to define the official date of termination. Do not make the date the patient receives the letter the starting line – transit is unpredictable. Instead, specify one week from the date of the letter and use that as the basis for any time calculations. 

Another point to address is the period of transitional coverage. Most states require physicians remain available to dispense emergency care for a “reasonable period of time.” This is typically 30 days. However, sometimes this “floor” is insufficient. If your patient lives in a rural area or is in the middle of a complex treatment, you must account for those details. Make sure you allot plenty of time to facilitate a complete transition. You can’t leave the patient stranded.

Dismissing a patient is challenging. Sometimes arranging a graceful exit is best for both you and your patient. This article discusses general tips.  Every case is different. When you do dismiss a patient, individualization is critical. Among other things, you must ensure continuity of care. If you are wondering when you can refuse to treat a patient, or terminate doctor-patient relationship, schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD. Medical Justice has helped thousands of doctors address patient conflicts and a bevy of other medico-legal obstacles. We are ready to help. For further reading, we suggest this article’s sibling piece: When Can You Refuse to Treat a Patient?

 

We’ll now take a step away from the templates and review five symptoms of a “bad” patient dismissal letter. You can probably guess a few of them by examining the qualities described above and turning those qualities upside down. 

A bad patient dismissal letter is excessively detailed.

When dismissing a patient, less is more. A patient dismissed under friendly skies usually does not require a verbose explanation. Presumably both parties understand why the relationship is ending. There are no surprises. 

When the patient is being dismissed for “bad behavior,” the physician may feel obligated to explain his decision – both to inform the patient and to cover his back. This can backfire. We typically advise against including the reason for termination. If the relationship has soured, the patient knows why the termination is taking place. Spelling it out for him will only make you appear hostile. And perceived hostility is kindling in the hands of unscrupulous malpractice attorneys. You can’t be certain who will see the letter after you send it. Sanitize your tone. Pertinent information only. 

A bad patient dismissal letter does not consider a patient’s environment. 

Your patient may be hell in human skin, but ihe has no other treatment options available to him, you cannot carelessly dismiss him. Physicians practicing in remote communities need to be particularly careful. Consider this example: You are the only oncologist in a small community and your patient has received 1 of 3 planned treatments for chemotherapy. If you dismiss this patient, that dismissal letter could be a death sentence. If you must terminate your relationship with him, make sure the transfer of care is complete before attempting to move forward.  

A bad patient dismissal letter neglects to mention medical records. 

Your patient is always entitled to receive a copy of his medical records. Even if the patient has an outstanding bill, never hold medical records hostage. A competent patient dismissal letter informs the patient that he has access to these materials. A better patient dismissal letter uses simple instructions to tell the patient what he must do to retrieve them.  

A bad patient dismissal letter does not account for emergency care. 

After formally dismissing the patient, you must be available to provide him with urgent or emergent care for a reasonable period of time – or until that patient finds a new doctor, whichever comes first. As we stated previously, this period usually encompasses 30 days. If your patient’s circumstances require more time, you must account for it.  

A bad patient dismissal letter is poorly timed. 

Think twice before dismissing a patient immediately after concluding an operation. An unexpected or oddly timed dismissal may signal to the patient something is expected to go awry. Whether this is true is irrelevant – your patient’s perceptions will determine how he reacts. Many abandonment charges are fueled by feelings of fear. In the unlikely event something does go wrong, treating the complication will be easier if the patient has remained in your care. If circumstances require you dismiss the patient post-op, take the initiative. Find the patient another doctor to assume care and don’t distance yourself from him until the transfer is documented.  

In closing, the five traps we’ve identified are bound by a common thread: They all disregard an important aspect of the patient’s care or present information that could be leveraged against the physician in a malpractice case. Summarized, a competent patient dismissal letter… 

+ Includes only necessary information… 

+ Does not dismiss a patient in the middle of a treatment plan… 

+ Affirms that medical records will remain available…

+ Affirms the physician will remain available for a period to dispense emergency care and clearly states how long this period will last… 

+ Allows sufficient time to complete the transfer of care…

If this article conveys only a few essential truths, we hope this is one of them: dismissing a patient correctly is a delicate process. Most physicians would rather “stick it out” than dismiss potential hazards earlier than necessary. The labor required to end the patient-physician relationship is substantial.

When the doctor-patient relationship sours, it is sometimes best to terminate care and guide the patient towards a different doctor. The transfer of care is always tricky – do it wrong, and you may face an abandonment charge.

Did you know? Members of Medical Justice don’t need to worry about this scenario – our DISAPPEAR program ensures that if a doctor and a patient must part, the separation is complete, documented, and compliant.

There are times when it really is best to divorce yourself from your patient and move on. Every practice terminates a doctor-patient relationship at some point. This article discusses general tips. But each situation is different and details matter. A lot. No worries. Let our experts guide you through YOUR situation. Confidentially. No obligation. Ready when you are. Request a consultation below. And for further reading, we suggest this article’s sibling piece: When Can You Refuse to Treat a Patient?

We are a group of physicians that have been working with the Medical Justice eMerit team for the past 9 years. They have helped us obtain many more reviews from our patients by streamlining the process and making it much more convenient for our patients. They have also helped us in the process of flagging and getting fictitious reviews removed. Throughout our experience with them, they have been highly effective, honest, timely, talented and professional. If you are looking for a service to help manage your reviews, we highly recommend them.
Elliott23232323
Elliott23232323
14:44 17 Jan 24
The competence and responsiveness of the Medical Justice / eMerit team is remarkable. We have been super impressed with Robin and Josh, and their entire team. We ran a "test" with them and we've been more than happy to give them more business. They are now our go-to group. Thanks again, Team Medical Justice!
Christopher Scully
Christopher Scully
13:54 15 Dec 23
I have been a client for many years and have appreciated Medical Justice's expertise and numerous perks including internet defamation prevention. The team was readily responsive to my needs and helped to remove an unwarranted negative online post. It's difficult enough to practice medicine, much less maintain one's professional online reputation. I highly recommend Medical Justice for any medical professional.
Sohail Delfani, MD
Sohail Delfani, MD
17:05 25 Oct 23
Very enjoyable experience
Brittan Willimon
Brittan Willimon
21:13 09 Jan 23
Totally worth it! I had an issue with a very large insurance company threatening to remove me from their network. Contacted Medical Justice right away. Within lass then a week, Dr. Segal had crafted a magnificent 60-page appeal! Insurance company kept me in network, which saved me a lot of hassle and headache. Worth every penny!
Barbara Wood
Barbara Wood
18:01 13 Dec 22
I have used emerit for 10 years and have been extremely pleased with their service. highly recommend to all medical professionals especially plastic surgeons. very responsive CEO and staff. thanks!!!
Neil Zemmel
Neil Zemmel
13:56 13 Apr 22
When hiring someone professionally fortheir advice, the most important aspectfor me is their time that they give me todiscuss what I need to get the job done.Dr. Segal was always available whenever Ineeded to speak. He is extremelyknowledgeable, patient and kind. He hasthe unique perspective of the legalprofession from a doctors point of view.This is priceless in terms of understandinga Doctor's concerns.
Endodontic Group
Endodontic Group
00:38 31 Jan 22
I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. Your matters are handled STAT and in a professional and assuring manner. In a legal sense, they set you up with tools for preventive care, assist when there is an injury and handle the legal traumas. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. No physician or dentist should be without this service...period.
Edward Kirsh
Edward Kirsh
21:17 30 Jan 22
I highly recommend Dr. Segal for all doctors who would like to have a bullet proof practice and avoid unnecessary litigation and threat by patients. He is always available and punctuate with time. We have a very busy practice in northern California and Dr. Segal has been a unbelievable asset and success to run it smoothly. You won't regret his service.
Sani Aesthetics, M.D.
Sani Aesthetics, M.D.
01:17 28 Jan 22
Medical Justice is always responsive and gets to solutions. We especially appreciate Josh P and his relentless drive to help us satisfy our customers. Their knowledge of the digital landscape brings us closer to prospective patients.
What's NEXT
What's NEXT
15:06 16 Nov 21
Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. Recommended to any healthcare provider needing help online with social media.
Spencer Hawkins
Spencer Hawkins
16:37 12 Sep 21
Dr. Jeffrey Segal and Medical Justice are amazing! They helped me deal with a frivolous and false board complaint to my license quickly and professionally. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. Dr. Segal also helped greatly in advising me how to protect my practice and avoid similar issues moving forward. I'm fortunate to have found their services! While I hope to not have to deal with more frivolous complaints in the future, I feel better knowing that Dr Segal and Medical Justice are there to help me navigate through what may come.
Lisa Wagner
Lisa Wagner
18:06 16 Aug 21
Dr. Jeff Segal is great at what he does! As a physician and lawyer he understands clearly the difficulty of practicing in this day and age. Having both backgrounds is his biggest strength in the medico-legal arena. He gives sound logical advice and is very responsive. I am glad that I trusted him with my issue which he solved by doing background research into the issue from other specialists. He approached the problem like a physician in a very methodical and detail -oriented way. I'm so happy to have found him! I highly recommend!!!
Nicole Basa MD
Nicole Basa MD
02:14 10 Aug 21
Medical Justice is the GO TOO for any medical provider.
Curt Litton
Curt Litton
00:35 29 Jul 21
Medical Justice exceeded my expectations on delivery of professional services. Top notch professionals, only the Best, and advisors on every medico-legal area of health care, especially Dentistry, with the Great, Vince Monticello, DDS, MBA, JD, on-board. By far a great investment. I enjoy doing business with Jeff and his Outstanding Team!
Rob Eye
Rob Eye
16:16 27 Jul 21
I’ve now been a subscriber and client of medical justice for over a year. Dr. and attorney Jeff Segal has been helpful on several occasions. He has guided me through both potential patient issues as well as recent HR pandemic concerns. He along with the Medical Justice team have given me reassuring legal advice that allows me to proceed with confidence through these difficult times. This is one of my best investments in business and personally.
Walter Tom
Walter Tom
16:06 25 Jul 21
I cannot give enough thanks for Medical Justice’s existence! It is a company that fills such a highly needed niche’ in medicine – especially aesthetic medicine. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. I admire his drive and envy his intelligence. He first completes a rigorous Neurosurgery Residency. That by itself deserves tremendous kudos from anyone in the medical universe. Yet, he eventually goes back to obtain his JD. Yet what he has done in blending those two degrees into an amazing entity, Medical Justice, is nothing short of phenomenal.I was an early adopter of Medical Justice, and all that it provided for me as a surgeon and a business owner, as I am in my 12th year (this year being 2021) of being a member of Medical Justice. Throughout those twelve years, I have leaned on their team in helping maintain a fair and hard-earned online reputation when unfairly attacked. Also, Dr. Segal has always been personally involved with assisting me in resolving conflicts with difficult and unreasonable patients. He has always been only a phone call away, and prompt with his response.What I have especially appreciated is in my discussions resolving these occasional issues with patients over many years, Jeff seems to possess a third therapist certification as a compassionate, empathetic peer that understands my hurt and frustration. He has a way through the phone to put his arm around me, making me feel he sympathizes with my hurt and frustration, and together we will get through whatever issue, and the sun will rise in the morning. He then produces what he promises, as he has threaded the needle to resolution more than once for me. He feels like the big brother I never had that is there for you with honest, realistic guidance to amicable conclusions, when called upon.I just hope I retire before him. I can’t image practicing my specialty without someone like him, as well as his amazing team that he has gathered, that has and continues to have my back. - Dr. Burke Robinson, Robinson Facial Plastic Surgery
Burke Robinson
Burke Robinson
19:17 14 Jul 21
Jeff Segal, MD, JD was a tremendous help to me when battling a frivolous and retaliatory complaint to the State Medical Board. Jeff and the Medical Justice team fought immediately and tirelessly to clear this absurd complaint. It was validating, vindicating, and made me have hope again to practice medicine. It renewed my faith in the justice system and made it a pleasure to practice medicine again. Skillful. No - Masterful. There is really nothing that can replace the knowledge of an MD/JD or DO/JD to defend physicians. They were absolutely in my corner. Additionally, Medical Justice found negative reviews that I was not aware of and helped me address those concerns. Well worth every penny!
Terri Bowland
Terri Bowland
16:32 14 Jul 21
I cannot recommend a more professional or effective and caring team to help in legal matters which are delicate and require a high level of care. Dr. Segal is one of the most intelligent, thoughtful, and efficient attorneys that I have had that pleasure of working with. He was always available and attentive and demonstrated genuine concern and compassion towards making sure that all matters were handled with the highest level of efficacy. I highly recommend Dr. Segal and his team to any physician or practice, they will not disappoint!
Kriti Mohan
Kriti Mohan
02:15 15 Mar 21
Dr. Segal is kind, professional, and a complete genius! I am so glad to have found him! I would recommend him hands down for anyone needing legal assistance!
Samantha Britt
Samantha Britt
19:57 28 Jan 21
I am an oculofacial plastic surgeon who has been a member of Medical Justice for well over 10 years. It is a pleasure for me to be able to recommend their services to others.We have utilized the Medical Justice consent forms for operative patients throughout this time. It gives me peace of mind to know that any expert witnesses who may be called to give testimony against me are from my specialty. It also gives notice to any potential plaintiff firms that I have not only my malpractice carrier but also Medical Justice working for me should any claims arise, and puts them on notice that any frivolous claims can be in turn be litigated by me against them and the plaintiff.Does this translate to less claims or better results if claims are brought? I can only say that in 30 years of practice I have had a handful of patients request records be sent to plaintiff attorneys, and none have become suits.I can and have offered my highest recommendation for this firm and their services. Their services and client support are outstanding, and are especially beneficial when that letter for your records comes in. To have them on your side is a comfort we can all use.
Alan Brackup
Alan Brackup
15:01 07 Dec 20
The Medical Justice team have a wealth of knowledge and experience in this space. I highly recommend them to medical professionals and practices of any size. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective.
GenXovite Pro
GenXovite Pro
15:42 23 Nov 20
As a physician, reputation is everything. This is why I’ve trusted Emerit for years! Their unmatched ability to handle my clinic’s online reputation has helped us earn more credibility therefor increasing our patient base. They also create custom surveys for patients along with weekly reports so we can provide better treatment. These little things give us the ability to address certain areas of the practice and fix them immediately. I would highly recommend that healthcare providers to at least consider Emerit when considering an online reputation partner. I know I’m glad we did … Robert Odell, MD, PhD, Neuropathy & Pain Centers of Las Vegas
Robert Odell
Robert Odell
17:06 13 Nov 20
I recommend Medical Justice and its founder Dr. Jeff Segal with great enthusiasm. As medicine evolves the private practitioner has become increasingly more isolated. I signed up with Medical Justice so that I would have a sound legal back up for clinical business decision making. My private consultation with Dr. Siegel, neurosurgeon and attorney was insightful. His team, medical justice has already supplied us with appropriate patient forms to help me to continue practicing medicine with confidence. They have already initiated our web presence reviewing with recommendations.Dr. Segal was also readily available for a specific case consultation, and I appreciate his counsel and direction. The peace of mind and collegiality is well worth the investment in Medical Justice.
Walter Tom (Dr Walter Tom)
Walter Tom (Dr Walter Tom)
18:56 05 Nov 20
Have had the help from Medical Justice for about a year now. They are very responsive and always available to answer questions and help with any practice issues I may have. The most satisfying aspect of their assistance is in obtaining and posting patient reviews on various sites. A big help in that
Jonathan Lebowitz
Jonathan Lebowitz
00:50 03 Nov 20
In this era of digital feedback and punishment through fraudulent reviews. I wouldn't leave home without them!!
David Pincus
David Pincus
15:15 02 Nov 20
After a complete nightmare of a frivolous suit in 2002, aided and abetted by the sheer avarice of a competing surgeon right across the street (stunningly, a $2.1 million award over a pea-sized suture granuloma; when it went to the state medical board they dismissed the case as “groundless”), I was advised to join Medical Justice.What a wonderful team! Everyone there has been immediately available for any questions or concerns that have come up over the years. Just having Medical Justice’s cover letter stating that one’s a member will be enough to stop a frivolous threat dead in its tracks — and that alone makes the eminently reasonable annual fee worthwhile many times over.Knowing that Medical Justice “has my back”, and knowing that because of these fabulous people, the worst and most profoundly mind-bending experience of my life would never be allowed to happen again has given me the peace of mind to continue and even enjoy and relish my career over these many years.I can’t say enough about Dr. Jeff Segal, Mike Odden, Wendy Cates and the rest of this amazing team! Joining Medical Justice absolutely will be one of the best decisions of your career. How about 10 stars!⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️
Holly Barbour
Holly Barbour
18:39 05 Mar 20
We have been MedicalJustice members for over nine years, and this is a service that has been priceless for us, and our facial plastic surgical practice. Ninety percent of our new patients cite the Internet as their source of referral, so for us, our internet reputation is priceless. Plus my kids see what's on the internet about our practice. MedicalJustice scours the internet for any online posts about your practice, good and bad. Even if you are able to do things exceedingly well, it is unlikely that you will be able to deliver impeccable care with exemplary bedside manner 100% of the time, have the perfect staff, and count zero competitors. And thus, unfortunately, being defamed on the Internet is an occupational hazard.I recommend MedicalJustice without reservation to any medical practice, since nearly all patients will google you before calling for an appointment. Everyone at MedicalJustrice from our advisor Shannon, to the CEO, Dr Jeff Segal, is knowledgeable, friendly, and genuinely glad to help physician practices like ours. I am grateful for all they have done to help our "mom and pop shop" thrive, and navigate unchartered waters on the internet. MedicalJustice has been outstanding for our practice in these situations :1)Reputation management. The American Academy of Facial Plastic and Reconstructive Surgery recommended MedicalJustice to all members in 2009, and after we got on-board, we were surprised to see more than a few negative internet reviews and comments about our practice. Frankly, I do not have the time nor desire to actively surveil the internet about our practice, but someone NEEDS to. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. 12% of patients who request rhinoplasty have BDD, and as of August2018, there is no reliable method for ruling this out preoperatively. The small minority of unhappy postoperative patients may post on multiple sites, and have the longest and most painful words. MedicalJustice has helped us A LOT in this arena.3) Dealing with internet defamation.4) How to manage the disgruntled patient, and more importantly, the "difficult" scenario where you don't know what to do, and it's not malpractice.5) How to manage patients threatening to harm themselves or others.6) How to manage patients demanding a refund.7) Advice with patients threatening to sue.8) Advice with copyright infringement.9) Obtaining positive reviews from our patients with eMerit.If any physicians wish to reach out to us for any questions, it would be our pleasure. Thank you. Dr Joseph
Eric M. Joseph, M.D.
Eric M. Joseph, M.D.
19:17 09 Mar 19
Great doctor.My neck pain is gone. The doctor explained everything in detail. He was patient and respectful.
Sushil Basra
Sushil Basra
01:57 31 Jan 19
No medical professional should be without this service! I have been a long time member and will never give up my membership. I have never had such clear and concise solutions to common issues, education regarding what I need to do and how to be best prepared for common issues that arise. Whenever I have had a question, I get immediate responses that are clear, concise and of great value! Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. You need to be aware, and appropriate- this service is absolutely the best resource you could want for you to meet your obligations, as well as be prepared for common issues. Not only has Dr Segal experienced both sides of many of these issues- he is brilliant, and condenses issues down - allowing you options that allow for the smoothest possible outcome for all involved. I honestly could not recommend it more!CR MD
Celia R
Celia R
18:35 12 Nov 18
A must-have for every physician. Their expertise in medical malpractice defense, and internet reputation management, is unparalleled.
Armond Levy
Armond Levy
01:27 07 Oct 18
HIPAA is complicated and always changing. That is why I recommend Medical Justice to all my clients. They are knowledgeable and trustworthy.
Jen Longtin
Jen Longtin
22:58 29 Sep 18
Impeccable service and reputation from the CEO on down. Helped me grow my practice by vastly improving the quality of my online presence. In addition, I am now insulated from the occasional anonymous and damaging online reviews. I see many additional new patients who have “googled” me and have read my numerous outstanding reviews. In addition they have helped protect me from frivolous law suits while readily providing expert legal advice. In this day and age, in my opinion, every physician needs Medical Justice standing behind them. Thank you, Medical Justice!
David K
David K
05:57 16 Sep 18
I have partnered with their organization while working in two separate companies and they have continued to provide outstanding support, superior service and communication and remain ever available. I would not practice medicine without their support.
Christina A
Christina A
15:16 13 Sep 18
We have been working with Medical Justice and Emerit for years. I would highly recommend them. They have been very responsive to all of our needs in our practice. They have guided us on how to get our patients to share their experiences online Dr. Segal has given us honest advice over the years and he has never steered us wrong. Highly, highly recommend Medical Justice!
Angela Parker
Angela Parker
20:25 12 Sep 18
Medical Justice is the real deal. They are professional, knowledgeable, timely, and their rates are beyond reasonable. Put all of that together and they have become an invaluable asset to our practice.
Jackie Foster
Jackie Foster
17:38 06 Sep 18
Our surgical practice joined Medical Justice and eMerit many years ago and it has been an invaluable resource and support. Jeff Segal, the founder, is a surgeon and an attorney who understands the challenges that physicians face today. They have been our advisors, mentors and dispensers of wisdom for any and every issue that we presented to them as well as in growing our practice. I can't imagine running our practice without them all of these years.
Bonnie Pontell
Bonnie Pontell
14:48 06 Sep 18
EXTREMELY beneficial. The ratings have done more for my Google search rankings than my website. Worth every penny. It is 2018--get on board with your online presence!
Scott Phillips
Scott Phillips
14:13 06 Sep 18
I have been a client of Medical Justice for many years. They provide a fantastic opportunity for Healthcare providers to defend against frivolous claims and to control their reviews using the eMerit platform.The service and the reviews have been extremely valuable to my practice, my social media presence and ratings as well as protection against some false claims over the years.They are always available, responsive and timely in their assistance. Dr. Segal offers a wealth of resources, insight and legal advice due to his vast experience in this venue.I highly recommend this service for anyone with a medical or dental practice.
Semira Bayati
Semira Bayati
16:27 05 Sep 18
Dental Justice has helped us manage challenging patients who are impossible to please. Let them show you that there is a better way than being frustrated.
Mitchel Friedman
Mitchel Friedman
14:53 04 Sep 18
Worked with Dr. Jeff Segal and his team for many years, I absolutely trust them when it comes to protecting our practice and team. I give my highest recommendation and I sincerely appreciate your thoughtful approach as leaders in the industry ( :
Rich Castellano
Rich Castellano
03:40 04 Sep 18
I have been a member since its' inception and can recommend the company without any reservations whatsoever. I benefited from their online review services, their involvent in preventing a frivilous malpractice threat, and their pro-active legal seminars. Thank you Dr. Segal for all your efforts.
Michael Prater
Michael Prater
21:55 02 Sep 18
It only took one reading for me to become a big fan of Leonard Berlin's.Who was Leonard Berlin?He's the radiologist who countersued a plaintiff who tried to make a fast buck by frivolously suing him. When I finally met him, I told him that I'd been following what he was doing.Berlin was the first MD I knew who fought back. When I read about Medical Justice, it was clear to me that in case I got sued frivolously, I, too, would be able to counterpunch.Raised by a pair of criminal lawyers in New Orleans (yes, really), I pretty much had a (legalistic) chip on my shoulder from childhood. Medical Justice welded it there. Instead of being a 98-pound weakling in the face of a pseudo-legal assault, it made me a Charles Atlas kinda guy.No fear after joining up. I was surprised at how reasonable the rates are.
Joseph Horton
Joseph Horton
19:00 02 Sep 18
I have used Dental Justice for the past several years and have always been happy with their service. They are professional and timely. Dr Segal has been great with his knowledge, advice, services and timely responses. I would highly recommend them to anyone in the dental or medical profession.
Shane Claiborne
Shane Claiborne
14:28 31 Aug 18
I have been using E Merit and Medical Justice’s services for the last nine years. I have found their helpful feedback to be of tremendous value to me and to my practice. I am extremely grateful to Jeff Segal and his entire team for their thoughtful and professional help. You will not be sorry if you give them a chance. I don’t know anyone who has not found them immensely helpful or who has stop using them once they have engaged their services.
Joseph Stern
Joseph Stern
01:43 30 Aug 18
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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. With over 50 combined years of 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.

The Medical Liability Minute: A Medical Malpractice Podcast Sponsored by Medical Justice

Medical Justice Founder and CEO, Jeffrey Segal, MD, JD, Medical Justice General Counsel, Michael Sacopulos, JD, and many guests discuss modern medico-legal threats to physicians. Opening and closing music written and produced by Grammy award winning artists: Lili Haydn and Itai Disraeli (performed by The Service Cats).

The information presented on this site is for general educational purposes only. It is not specific medical or legal advice. Nothing on this site should be construed as establishing a doctor-patient or attorney-client relationship.


EP 94: Surgeon Unmasks the Unmaskable Defamatory Reviewer – How She Did It (Part 2)

Dr. Susan Schroeder is an extremely talented dermatological surgeon. She’s been in practice for over two decades. She’s treated thousands of patients. In the mid-2000s, she noticed an abnormally large number of negative reviews. She suspected foul play and spearheaded an investigation. Over the course of several years, she slowly unmasked the malicious entities responsible for the damaging reviews. Her success bucks the trend. Doctors who attempt to use the law to uncover these defamatory entities often lose, and lose big. How did she do it, and what were the final outcomes? Our two-part podcast has the details…


EP 93: Surgeon Unmasks the Unmaskable Defamatory Reviewer – How She Did It (Part 1)

Dr. Susan Schroeder is an extremely talented dermatological surgeon. She’s been in practice for over two decades. She’s treated thousands of patients. In the mid-2000s, she noticed an abnormally large number of negative reviews. She suspected foul play and spearheaded an investigation. Over the course of several years, she slowly unmasked the malicious entities responsible for the damaging reviews. Her success bucks the trend. Doctors who attempt to use the law to uncover these defamatory entities often lose, and lose big. How did she do it, and what were the final outcomes? Our two-part podcast has the details…


EP 92: Raving Patients and Reputation Marketing with Dr. Len Tau (Part 2)

Chosen as one of the top leaders in dental consulting by Dentistry Today, Len Tau, DMD, has dedicated his professional life to improving dentistry for patients and other dentists. After purchasing his practice, the Pennsylvania Center for Dental Excellence in Philadelphia in 2007, Len practiced full-time while consulting with other dental practices, training thousands of dentists about reputation marketing, leading the dental division of BirdEye, a reputation marketing platform, and hosting the popular Raving Patients podcast. He recently authored the book Raving Patients and 100+ Tips to 100 5-Star Reviews in 100 Days released in March 2022.
Len lectures nationally and internationally on using internet marketing, social media, and reputation marketing to make dental offices more visible and credible as well as how to increase their case acceptance. Dr. Tau and Dr. Segal discuss reputation marketing best practices specific to dentists – but the take-home points resonate with all healthcare professionals. Join us.


EP 91: Raving Patients and Reputation Marketing with Dr. Len Tau (Part 1)

Chosen as one of the top leaders in dental consulting by Dentistry Today, Len Tau, DMD, has dedicated his professional life to improving dentistry for patients and other dentists. After purchasing his practice, the Pennsylvania Center for Dental Excellence in Philadelphia in 2007, Len practiced full-time while consulting with other dental practices, training thousands of dentists about reputation marketing, leading the dental division of BirdEye, a reputation marketing platform, and hosting the popular Raving Patients podcast. He recently authored the book Raving Patients and 100+ Tips to 100 5-Star Reviews in 100 Days released in March 2022.
Len lectures nationally and internationally on using internet marketing, social media, and reputation marketing to make dental offices more visible and credible as well as how to increase their case acceptance. Dr. Tau and Dr. Segal discuss reputation marketing best practices specific to dentists – but the take-home points resonate with all healthcare professionals. Join us.


EP 90: Prescribing Testosterone and Other Controlled Substances Without Getting Blown Up (Part 2 of 2)

There are medical reasons for prescribing testosterone, and there are ways doctors can prescribe it to patients in need while mitigating risk. How?
Enter Mr. Rick Collins, JD. Mr. Collins is an esteemed legal authority in the field of many controlled substances – including testosterone. Dr. Jeff Segal and Mr. Collins discuss at length how to safely prescribe testosterone, the implications of marketing the substance, and how to occupy the interstice of what a patient wants and what the law allows.


EP 89: Prescribing Testosterone and Other Controlled Substances Without Getting Blown Up (Part 1 of 2)

There are medical reasons for prescribing testosterone, and there are ways doctors can prescribe it to patients in need while mitigating risk. How?
Enter Mr. Rick Collins, JD. Mr. Collins is an esteemed legal authority in the field of many controlled substances – including testosterone. Dr. Jeff Segal and Mr. Collins discuss at length how to safely prescribe testosterone, the implications of marketing the substance, and how to occupy the interstice of what a patient wants and what the law allows.


EP 88: Surviving Board Issues from Hell (Part 2 of 2)

Medical board issues top the list of threats doctors fear the most, and for good reason. Not many of us know what to do or who to contact when the Board comes knocking – but best practices do exist. And it’s important doctors take these issues seriously, even if the threats themselves come from a meritless source. Doctors need expert guidance no matter what. Enter James McClendon, JD. Mr. McClendon is a Partner at Husch Blackwell and an expert at addressing Board issues of all kinds. He helps doctors survive high-stakes conflicts and come out on top. Medical Justice and Mr. McClendon speak at length about what doctors can do to increase their odds in the event a confrontation with the Board is inevitable. Our podcast has the details…


EP 87: Surviving Board Issues from Hell (Part 1 of 2)

Medical board issues top the list of threats doctors fear the most, and for good reason. Not many of us know what to do or who to contact when the Board comes knocking – but best practices do exist. And it’s important doctors take these issues seriously, even if the threats themselves come from a meritless source. Doctors need expert guidance no matter what. Enter James McClendon, JD. Mr. McClendon is a Partner at Husch Blackwell and an expert at addressing Board issues of all kinds. He helps doctors survive high-stakes conflicts and come out on top. Medical Justice and Mr. McClendon speak at length about what doctors can do to increase their odds in the event a confrontation with the Board is inevitable. Our podcast has the details…


EP 86: The Ideal Screening Tool for Body Dysmorphic Disorder: Ounce of Prevention Worth Pounds of Cure (Part 2 of 2)

It’s not uncommon for clients to call us with a patient conflict and tell us the following: “I performed a perfect procedure, and the patient is still livid. What did I do wrong?” The problem may not have been the procedure – it’s possible the patient was not a good fit for the procedure in the first place. Here’s what we mean: A patient suffering from a condition like body dysmorphic disorder will likely never be satisfied. Patients suffering from these conditions generally need a referral to a provider who specializes in treating such individuals. How do you broach the subject? How can you screen prospective patients for these challenges BEFORE you assume ownership of their care? Leslie Fletcher, NP-BC, is a highly respected aesthetic nurse injector who has worked since 2001 with world-renowned, celebrity dermatologists and plastic surgeons. Leslie has trained over 6,000 providers and is a master at addressing and resolving patient conflicts specific to the medispa space. Medical Justice and Leslie Fletcher, NP-BC, discuss in detail how surgeons can screen prospective patients for these conditions before treatment starts – increasing the likelihood the patient is a good fit for your practice and minimizing the risk of patient conflict. Our podcast has the details…


EP 85: The Ideal Screening Tool for Body Dysmorphic Disorder: Ounce of Prevention Worth Pounds of Cure (Part 1 of 2)

It’s not uncommon for clients to call us with a patient conflict and tell us the following: “I performed a perfect procedure, and the patient is still livid. What did I do wrong?” The problem may not have been the procedure – it’s possible the patient was not a good fit for the procedure in the first place. Here’s what we mean: A patient suffering from a condition like body dysmorphic disorder will likely never be satisfied. Patients suffering from these conditions generally need a referral to a provider who specializes in treating such individuals. How do you broach the subject? How can you screen prospective patients for these challenges BEFORE you assume ownership of their care? Leslie Fletcher, NP-BC, is a highly respected aesthetic nurse injector who has worked since 2001 with world-renowned, celebrity dermatologists and plastic surgeons. Leslie has trained over 6,000 providers and is a master at addressing and resolving patient conflicts specific to the medispa space. Medical Justice and Leslie Fletcher, NP-BC, discuss in detail how surgeons can screen prospective patients for these conditions before treatment starts – increasing the likelihood the patient is a good fit for your practice and minimizing the risk of patient conflict. Our podcast has the details…


EP 84: Doctors, Data Theft, and Cyber Liability Protection (Part 2 of 2)

Ten years ago, no one talked about cyber liability insurance. That’s changed. So has the world. The laundry list of cyber security threats that COULD disrupt a doctor’s practice is growing. Doctors need an expert who can help them prioritize the risks specific to their practice and act accordingly – BEFORE it’s too late. Enter Teddy Gillen. Teddy and Dr. Segal discuss how doctors can survive cyber-attacks like ransomware, data theft, and more. Our podcast has the details…


EP 83: Doctors, Data Theft, and Cyber Liability Protection (Part 1 of 2)

Ten years ago, no one talked about cyber liability insurance. That’s changed. So has the world. The laundry list of cyber security threats that COULD disrupt a doctor’s practice is growing. Doctors need an expert who can help them prioritize the risks specific to their practice and act accordingly – BEFORE it’s too late. Enter Teddy Gillen. Teddy and Dr. Segal discuss how doctors can survive cyber-attacks like ransomware, data theft, and more. Our podcast has the details…


EP 82: Charting the Healthcare Professional’s Path to Wealth (Part 2)

Healthcare professionals possess high-earning potential. That’s not news. But their path to wealth is different. That’s why it’s critical they consult with experts. Ideally, seasoned pros with a visceral understanding of both medicine and finance. Medical Justice Founder and CEO, Dr. Jeff Segal, and Mr. Jefferey Taxman, the principal of Physicians Financial Services, discuss blueprints for achieving wealth in a special two-part podcast. This is a whirlwind tour. Dr. Segal and Mr. Taxman outline the paths to wealth that will help you thrive – and how to avoid the pitfalls that create havoc. Your wealth (and the financial security of those who count on you) is invaluable. Our collaborative podcast dispenses pearls of wisdom that pay dividends.


EP 81: The Radonda Vaught Verdict from a Nurse’s Perspective (Part 2 of 2)

RaDonda Vaught worked as a nurse at the Vanderbilt University Medical Center between 2015 and January 2018. If you follow medical news outlets, you are likely familiar with Vaught’s case. She mistakenly injected a patient with a paralytic agent, killing her. Healthcare professionals are concerned her case could set a precedent for criminalizing medical errors. Will it? Tina Vinsant is a registered nurse with a BSN from Lincoln Memorial University in East Tennessee. Tina has been a nurse for six years. She worked for four and a half years in a Progressive Care Unit at the region’s only level one trauma center. She worked as a team leader in this PCU as a certified Progressive Critical Care Nurse for over a year. She has since moved to the Cardiovascular Intensive Care Unit and is now a certified Critical Care Registered Nurse. Tina also operates her own podcast, Good Nurse, Bad Nurse. Medical Justice speaks with Tina at length about Vaught’s case, outcomes, and sentencing. The Vaught case will impact ALL healthcare professionals. During these events, a nurse’s perspective is invaluable. Our podcast has the details…


EP 80: Charting the Healthcare Professional’s Path to Wealth (Part 1)

Healthcare professionals possess high-earning potential. That’s not news. But their path to wealth is different. That’s why it’s critical they consult with experts. Ideally, seasoned pros with a visceral understanding of both medicine and finance. Medical Justice Founder and CEO, Dr. Jeff Segal, and Mr. Jefferey Taxman, the principal of Physicians Financial Services, discuss blueprints for achieving wealth in a special two-part podcast. This is a whirlwind tour. Dr. Segal and Mr. Taxman outline the paths to wealth that will help you thrive – and how to avoid the pitfalls that create havoc. Your wealth (and the financial security of those who count on you) is invaluable. Our collaborative podcast dispenses pearls of wisdom that pay dividends.


EP 79: The Radonda Vaught Verdict from a Nurse’s Perspective (Part 1 of 2)

RaDonda Vaught worked as a nurse at the Vanderbilt University Medical Center between 2015 and January 2018. If you follow medical news outlets, you are likely familiar with Vaught’s case. She mistakenly injected a patient with a paralytic agent, killing her. Healthcare professionals are concerned her case could set a precedent for criminalizing medical errors. Will it? Tina Vinsant is a registered nurse with a BSN from Lincoln Memorial University in East Tennessee. Tina has been a nurse for six years. She worked for four and a half years in a Progressive Care Unit at the region’s only level one trauma center. She worked as a team leader in this PCU as a certified Progressive Critical Care Nurse for over a year. She has since moved to the Cardiovascular Intensive Care Unit and is now a certified Critical Care Registered Nurse. Tina also operates her own podcast, Good Nurse, Bad Nurse. Medical Justice speaks with Tina at length about Vaught’s case, outcomes, and sentencing. The Vaught case will impact ALL healthcare professionals. During these events, a nurse’s perspective is invaluable. Our podcast has the details…


EP 78: Delayed Melanoma Diagnosis Dooms Patient – Or Does It? The Wonky World of Loss of Chance.

The patient/plaintiff was a 78-year-old man. Doctors identified and removed what they believed was a basal cell carcinoma on his arm. Turns out, it was melanoma. When the patient was eventually diagnosed with melanoma, the disease was advanced. The plaintiff’s attorney argued that the initial misdiagnosis damaged his client’s chances of survival. But did it? There’s a legal theory called “loss of chance.” The idea is that when a patient has a horrible prognosis, doctors aren’t always liable for a bad outcome. But details matter. Here’s what doctors need to know…


EP 77: Bad News, Wrong Man. Patient‘s Prostate Removed by Mistake.

Eric Spang underwent a routine prostate examination in late-2020. His blood test revealed elevated levels of a prostate-specific antigen (PSA). This sometimes indicates the presence of prostate cancer. He underwent a biopsy to confirm. When his biopsy came back apparently positive, Mr. Spang and his wife discussed his options and his doctor. After seeking a second opinion, surgeons removed Mr. Spang’s prostate, believing the procedure would save his life. It wasn’t until the procedure concluded that the surgeons realized the mistake. Mr. Spang did not have prostate cancer…


EP 76: Pandemic Violence, Produce Sabotage, Physician Infighting in Idaho. The COVID Half-Hour.

The pandemic has spawned numberless medico-legal challenges. We bring three of the most interesting to your attention. A Texas man staunchly opposed to vaccination threatens a Maryland doctor with violence. Another man in his 40s falsely claims he paid a friend suffering from COVID to visit a local grocery store and lick produce. An Idaho medical association wages war against one of its own leaders when he publicly advocates prescribing Ivermectin to treat COVID. Only in the midst of a pandemic do these events make even a little sense.


EP 75: Fertility Specialist Impregnates Multiple Patients with His Own Sperm and Examines His Own Daughter – 30 Years Later…

The defendant practiced as a fertility specialist in the 1980s. Several of his patients were told they would receive sperm samples donated by medical students. The lawsuit alleges he skirted this detail, substituting his own sperm. He impregnated multiple women.

Flash forward to the late 2010s – a young woman in her 30s is examined by the defendant. This woman is the man’s biological daughter. When this woman investigated her own genetic heritage, she learned the truth…


EP 73: Doctor Sexually Assaults Veteran Patient.

The plaintiff is an Iraq war veteran. The doctor was treating injuries he suffered during combat. The doctor is accused of inappropriately touching the patient’s genitalia during treatment – and then withholding the patient’s prescription unless he allowed the doctor to inappropriately touch him.

The result: A bench trial. The patient received a $1.5 million settlement. It’s important we discuss how we can protect ourselves, our colleagues, and our patients from this kind of horrific behavior.


EP 72: Surgeon Vs. Surgeon: Noncompete Violation. Borrowed Prescription Ledger. Messy Lawsuit.

We return to the state of Florida, and its surgeon vs. surgeon. The defendant signed a non-compete contract with his former employer. He allegedly departed the practice and set up shop next door – violating his non-compete agreement.

It gets juicier – the departing surgeon allegedly told patients he still worked for his former employer. He may have also used a prescription ledger from his previous employer. This case is messy. Our podcast has the details…


EP 71: 5 Year-Old Patient. Misdiagnosis. Catastrophic Stroke.

A five-year-old child presented at the ER with difficult symptoms. The child was seen by a physician’s assistant – not an MD. The physician’s assistant tested the child for strep throat, based on the child’s symptoms. The test returned positive. The child was prescribed medication and sent home. A few hours later, the child suffered a massive stroke. The child is now bound to a wheelchair and requires a life-care plan. How did this happen? And what can we learn?


EP 70: Pharmacy Refuses to Fill (Then Confiscates) Valid Opioid Prescription. Lawsuit Ensues.

The patient, who became the plaintiff, suffered from a defective hip replacement. He needed medication to manage his pain. He tried to fill his prescription at a local pharmacy. The pharmacist believed the man was pill-seeking and turned him away.

The patient called his doctor, who told the pharmacist the prescription was legitimate. The pharmacist still refused to fill the order. Worse, they confiscated the man’s prescription. Cue opioid withdrawal. What happened?


EP 69: Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 2 of 2)

Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis.

Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents.

We spoke to Dr. Hickson at length.

Listeners can learn more about the CPPA by visiting the links below.

Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home

Twitter: VUMC_CPPA


EP 68: Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 1 of 2)

Why do certain doctors attract a disproportionate amount of malpractice claims? It’s complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there’s a crisis.

Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents.

We spoke to Dr. Hickson at length. Listeners can learn more about the CPPA by visiting the links below.

Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home

Twitter: VUMC_CPPA


EP 67: How a 21st Century Answering Service Immunizes Practices from a Surprisingly Common Source of Litigation. The After-Hours “He-Said She-Said.”


We cannot count the number of times a doctor has called us and said: “If I only had a recording of my conversation with the patient, my case would have been dropped instantly.” During a medico-legal crisis, solid evidence can save a doctor from a disruptive, expensive, drag-out knock-down lawsuit.

We spoke at length with Dr. Michael Nusbaum, co-founder of MedXCom. MedXCom provides doctors with a simple, reliable, HIPAA-compliant way of storing and retrieving conversations with their patients for 23 years. The technology makes patient-to-doctor communication easier, more secure, and lower-risk. MedXCom is more than just an automated answering service – if you are sued, its technology can save you.

Our podcast has the details. Here’s what doctors need to know…


EP 66: The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 2 of 2)

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges – and what do to in the event they are sued. Mr. Pujji’s wisdom is invaluable – every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 


EP 65: The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 1 of 2)

There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American’s with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they’ll be sued for frivolous ADA challenges – and what do to in the event they are sued. Mr. Pujji’s wisdom is invaluable – every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 


EP 64: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 3)


In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice’s negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered – meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.


EP 63: ”Hey, Doc – Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 2 of 2)


Doctors sometimes receive this warning: “Prepare to be sued for copyright infringement.” They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.


EP 62: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 2)


In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice’s negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered – meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.


EP 61: ”Hey, Doc – Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 1 of 2)


Doctors sometimes receive this warning: “Prepare to be sued for copyright infringement.” They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.


EP 60: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 1)


In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice’s negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered – meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.


EP 59: Hypertensive Patient Receives Facelift, Bleeds Post-Op, Sues Surgeon After 18 Day Hospital Stint. Surgeon Prevails. (Part 2 of 2)


A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are still lessons to be learned.

Our podcast has the details.


EP 58: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 2)


Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving – but it wasn’t easy. She went to court in 2011. A defense verdict was delivered – and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.


EP 57: Patient Shot in the Back, Advised to Have Surgery, Refuses, then Sues. (Part 1 of 2)

A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An interesting way of expressing gratitude.

Our podcast has the details…


EP 56: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 1)

Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving – but it wasn’t easy. She went to court in 2011. A defense verdict was delivered – and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.


EP 55: It’s All in the Delivery: Breaking Bad News to Patients – How To Do It (Part 2)

No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations: Lessons I Learned as an ICU Physician, on his website, The Orsini Way. Contact Dr. Orsini via his website, The Orsini Way, or via email at drorsini@theorsiniway.com.


EP 54: It’s All in the Delivery: Breaking Bad News to Patients – How To Do It (Part 1)

No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations: Lessons I Learned as an ICU Physician, on his website, The Orsini Way. Contact Dr. Orsini via his website, The Orsini Way, or via email at drorsini@theorsiniway.com.


EP 53: Anonymous Major League Pitcher versus Anonymous Surgeon. $5 Million Settlement. Surgeon on Phone in OR.

The plaintiff underwent spine surgery to relieve chronic back pain. In the days following the procedure, the plaintiff’s wound began leaking spinal fluid. Investigation revealed a stray shard of bone was the culprit.

The twist: The plaintiff alleged the surgeon was distracted during the procedure, texting his colleagues and booking future cases while operating. But is there more to this story? Our podcast has the details.


EP 52: Padding Test Results. $3 Million Verdict. What Was He Thinking?

A nine-year-old child was referred to a neurologist. The neurologist diagnosed the child with epilepsy and prescribed medication. When the child’s condition failed to improve, the mother investigated. She eventually filed a lawsuit, alleging the doctor INTENTIONALLY MISDIAGNOSED her child (and many others) so that he could collect substantial kickbacks from his hospital. We have the details. Here’s what doctors need to know.


EP 51: Lawsuit Tsunami: Understanding the ADA So YOU Don’t Get Sued (Part 2)

Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly – his insights are invaluable. Here’s what doctors need to know…


EP 50: Lawsuit Tsunami: Understanding the ADA So YOU Don’t Get Sued (Part 1)

Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly – his insights are invaluable. Here’s what doctors need to know…


EP 49: Hospital Blasted with $80K Penalty for Dragging Its Heels in Releasing Records (Part 2)

Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It’s the law. Most practices do so in a timely manner – but the penalty for dragging your feet was minor. That’s changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here’s how YOU can avoid getting blasted…


EP 48: Hospital Blasted with $80K Penalty for Dragging Its Heels in Releasing Records (Part 1)

Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It’s the law. Most practices do so in a timely manner – but the penalty for dragging your feet was minor. That’s changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here’s how YOU can avoid getting blasted…


EP 47: The New Business Intelligence Platform Changing The Way Aesthetic Practices Do Business

Terri Ross is a world-renowned aesthetic consultant. She understands the business side of medicine viscerally – she’s lived in that world for 15+ years. And as an aesthetic consultant, her financial health is tied directly to the financial health of her clients, so she’s got only one option: See that her clients excel.

Terri and her team at APX examine the overall health of a practice, identify where practices are making money, where they are losing money, and what changes practices must prioritize to grow.

The path to growth is rarely obvious – which is why Terri’s skill set is invaluable. On this episode of our podcast, Terri translates her years of experience into actionable insights every aesthetic practice must-hear.


EP 46: $30 Million Judgment. Patient Deceased. Surgeon Unable to Be in Two Places at Once. (Part 2)

The defendant surgeon was on-call. A patient with a gunshot wound to the liver was rushed to the hospital. The defendant was in the middle of an elective hernia procedure and could not treat the wounded patient. When the surgeon finished his first elective case, he began another scheduled elective procedure. When contacted by the hospital staff, the surgeon suggested they find someone else to perform the surgery. The injured patient died. The payout? $30 million. How did this happen? Is there more to this story?


EP 45: $30 Million Judgment. Patient Deceased. Surgeon Unable to Be in Two Places at Once. (Part 1)

The defendant surgeon was on-call. A patient with a gunshot wound to the liver was rushed to the hospital. The defendant was in the middle of an elective hernia procedure and could not treat the wounded patient. When the surgeon finished his first elective case, he began another scheduled elective procedure. When contacted by the hospital staff, the surgeon suggested they find someone else to perform the surgery. The injured patient died. The payout? $30 million. How did this happen? Is there more to this story? Here’s what doctors need to know…

This episode explores Part I of this case. Part II will be released soon.


 EP 44: A Doctor’s Trip to Cyber-Hell and Back: Surviving Ransomware and Data Breaches (Part 2)

Ransomware is a virtual pandemic. Doctors train their staff to filter suspicious messages and encrypt devices loaded with sensitive information. Despite these precautions, breaches are inevitable. Some cost doctors hundreds of dollars per patient. And breaches almost always impact large volumes of patients. With that in mind, overnight bankruptcy is not an exaggeration. Cyber liability coverage provides a cash cushion, and there are other best practices doctors MUST follow.


EP 43: How Powerhouse Law Firm ByrdAdatto Protects Doctors with NO Hourly Billing (Part 2)

Michael Byrd and Brad Adatto are partners at the ByrdAdatto law firm. ByrdAdatto is a legal powerhouse in the healthcare niche. Michael and Brad understand doctors viscerally. Not only because of their training and client-base but because they are children of physicians. 

Today, we discuss what doctors need to know to protect themselves from expected and unexpected medico-legal mayhem – and why smart doctors with good intentions end up in prison.

Every doctor is exposed to different medico-legal risks. The law as it pertains to medicine is rarely black and white. ByrdAdatto guides doctors through the black, the white, and the grey with expert counsel.

And the best part? They do all this with NO hourly billing. Michael Byrd and Brad Adatto host their own podcast – the Legal 123s with ByrdAdatto. Listen and subscribe on your favorite podcast platforms like Apple PodcastsSpotifyGoogle, and YouTube.


EP 42: How Powerhouse Law Firm ByrdAdatto Protects Doctors with NO Hourly Billing (Part 1)

Michael Byrd and Brad Adatto are partners at the ByrdAdatto law firm. ByrdAdatto is a legal powerhouse in the healthcare niche. Michael and Brad understand doctors viscerally. Not only because of their training and client-base but because they are children of physicians. 

Today, we discuss what doctors need to know to protect themselves from expected and unexpected medico-legal mayhem – and why smart doctors with good intentions end up in prison.

Every doctor is exposed to different medico-legal risks. The law as it pertains to medicine is rarely black and white. ByrdAdatto guides doctors through the black, the white, and the grey with expert counsel.

And the best part? They do all this with NO hourly billing. Michael Byrd and Brad Adatto host their own podcast – the Legal 123s with ByrdAdatto. Listen and subscribe on your favorite podcast platforms like Apple PodcastsSpotifyGoogle, and YouTube.


EP 41: A Doctor’s Trip to Cyber-Hell and Back: Surviving Ransomware and Data Breaches (Part 1)

Ransomware is a virtual pandemic. Doctors train their staff to filter suspicious messages and encrypt devices loaded with sensitive information. Despite these precautions, breaches are inevitable. Some cost doctors hundreds of dollars per patient. And breaches almost always impact large volumes of patients. With that in mind, overnight bankruptcy is not an exaggeration. Cyber liability coverage provides a cash cushion, and there are other best practices doctors MUST follow.


EP 40: Former FBI Hostage Negotiator Teaches Prevention and Treatment of Clinical Violence in YOUR Medical Practice (Part 2)

Don Robinson is a retired FBI crisis negotiator. He knows conflict. The medical practice is no stranger to conflict (or violence), which is why every doctor MUST heed Don’s wisdom. He’s translated his experiences in counterterrorism, organized crime, and narcotics investigation into an invaluable, trainable skillset for doctors. His goal? Train doctors and their staff in the art of crisis management. Reducing clinical violence by even a modest percentage could save hospitals millions, reduce burnout, and save lives. Violence against healthcare works is an epidemic. Don’s skillset is the cure. Listen to the first part of our conversation now.

Visit Don’s website to download his white paper on preventing clinical violence in your medical practice

Contact Don Robinson:

Website: https://clinicalsecurity.org/

Phone: 1-888-705-1007

Email: info@clinicalsecurity.org


EP 39: Former FBI Hostage Negotiator Teaches Prevention and Treatment of Clinical Violence in YOUR Medical Practice (Part 1)

Don Robinson is a retired FBI crisis negotiator. He knows conflict. The medical practice is no stranger to conflict (or violence), which is why every doctor MUST heed Don’s wisdom. He’s translated his experiences in counterterrorism, organized crime, and narcotics investigation into an invaluable, trainable skillset for doctors. His goal? Train doctors and their staff in the art of crisis management. Reducing clinical violence by even a modest percentage could save hospitals millions, reduce burnout, and save lives. Violence against healthcare works is an epidemic. Don’s skillset is the cure. Listen to the first part of our conversation now.

Visit Don’s website to download his white paper on preventing clinical violence in your medical practice

Contact Don Robinson:

Website: https://clinicalsecurity.org/

Phone: 1-888-705-1007

Email: info@clinicalsecurity.org


EP 38: Doctor Indicted in Money Laundering Scheme Involving Non-Approved Drugs

Dr. Rahim Shafa and his office manager, Nina Shafa operated the Novel Psychopharmacology Clinic. They are both 62. And they were both indicted in an international money laundering scheme involving non-approved drugs. They have been accused of purchasing these substances from a vendor outside of the US, taking strategic measures to disguise the substances once they made it stateside. The indictment suggests they had been at it for at least 10 years. What possessed the couple to take such a risk so late into their careers? And what can doctors learn?


Guest Episode: Preventing Lawsuits, Dealing with Curbside Consults, and Avoiding Other Legal Land Mines – Dr. Jeff Segal

Dr. Segal is a board-certified neurosurgeon who is also a practicing lawyer! On this episode of the Scope of Practice podcast, Dr. Segal chats with Dr. Brent Lacey. Listen to more episodes of the Scope of Practice Podcast on Dr. Lacey’s website

Medical Justice is a physician-based organization focused on keeping doctors from being sued for frivolous reasons. Dr. Segal also founded eMerit to help doctors protect and preserve their reputations – particularly online.

Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice and online reputation.


EP 37: Prescribing the Most Regulated Drug in America: Human Growth Hormone and the Law

Human growth hormone is considered the most regulated drug in the United States. Authorized uses are extremely limited – which is why it is critical doctors of all specialties understand when the drug can be prescribed and when it cannot. Doctors specializing in age medicine must pay especially close attention. The legal consequences of getting this wrong are severe. Bodybuilder and internationally recognized “steroid lawyer” Rick Collins, JD, is our guide on this whirlwind tour of this controversial substance. Don’t miss it. 


EP 36: Steroid Lawyer Reveals What Doctors NEED to Know About Prescribing Performance Enhancing Substances


Rick Collins is a bodybuilder. Rick is also an internationally recognized legal authority in the fields of testosterone, anabolic steroids, and other performance-enhancing substances. He is the original “steroid lawyer.”

Doctors prescribe all types of medications, including performance-enhancing medications – assuming they are medically indicated. Performance enhancing is more than excelling at a sport – it’s about feeling better, looking better, recovering faster, feeling youthful, etc. Doctors who prescribe these medications NEED to understand what the law allows and does not allow. Get this wrong, and you’ll burn. Rick Collins is your “fire-fighter.”  Here’s what doctors need to know…


EP 35: Doctor Murders Doctor: The Bloody History of Medical Licensing in the US (Part II)


These men were like father and son – until an organized effort to regulate the practice of medicine drove one doctor to murder the other. Most of us can’t imagine a world where the practice of medicine in the US is unregulated. But until the late 1800s, that was the American reality. Professor James Mohr, the author of the fascinating book, Licensed to Practice: The Supreme Court Defines the American Medical Profession, takes us on a wild two-part ride through the past no doctor should miss.


EP 34: The Surgeon Who Appeared in Traffic Court by Zoom During Surgery. Hear the Real Story. From Him.

Dr. Scott Green is a talented plastic surgeon trapped in a 21st-century media storm. Dr. Green received a traffic ticket. Because of COVID restrictions, he appeared in traffic court via Zoom after successfully completing the salient portion of his patient’s surgery. His fellow was closing. A faulty Zoom connection created a false narrative that Dr. Green was careless and cavalier. This judgment is both false and unfair.

How do we know? We spoke to Dr. Green ourselves. Every doctor needs to hear his side of the story. Why? What happened to him could happen to any of us. Listen to his story…


EP 33: Doctor Murders Doctor: The Bloody History of Medical Licensing in the US (Part I)

These men were like father and son – until an organized effort to regulate the practice of medicine drove one doctor to murder the other. Most of us can’t imagine a world where the practice of medicine in the US is unregulated. But until the late 1800s, that was the American reality. Professor James Mohr, the author of the fascinating book, Licensed to Practice: The Supreme Court Defines the American Medical Profession, takes us on a wild two-part ride through the past no doctor should miss. Our podcast has the details…


Guest Episode: How to Keep Lawyers from Circling Your Aesthetic Practice with Teri Ross

Expert Practice Management Consultant, Founder and CEO, APX by Terri Ross and Terri Ross Consulting sit down with long time friends Dr. Jeff Segal, to discuss all things legal. Dr. Segal is a board-certified neurosurgeon who trained at Baylor College of Medicine. Dr. Segal also graduated from Concord Law School with highest honor and is a partner at the Byrd Adatto law firm. Listen in as they discuss common oversights, keeping lawyers from circling your practice, and the top questions YOU asked such as “If a patient prepays for series of treatments, but never shows up… can I keep the money?“. Join us to learn the answer, and so much more about how to keep your practice compliant, and thriving!

APX by Terri Ross
www.apxplatform.com

Contact Terri Ross
terrirossconsulting.com
mitch@terriross.com
terri@terriross.com


EP 32: Med Spas: Cash Cows, or Multi-Million Dollar Landmines? (Part II)

We resume our roller-coaster discussion with Alex Thiersch, JD, Founder and CEO of the American Medical Spa Association. Here’s the reality: Many highly skilled and well-intentioned doctors working in or operating medical spas are slammed for medico-legal oversights. We identity the legal challenges that are closing doors and reveal what actions doctors can take today to neutralize the worst outcomes. 

If you work incurrently operate, or are considering opening a med spa, this podcast is a must-listen… 


EP 31: Med Spas: Cash Cows, or Multi-Million Dollar Landmines? (Part I)

What do you do when you see a massive, multi-billion-dollar industry developing right before your eyes – only to find out it is largely operating illegally? If you are Alex Thiersch, JD, Founder and CEO of the American Medical Spa Association, you jump into that space and start working out the regulatory pathways required to make that multi-billion-dollar industry operate safely, profitably, and legally.

Many doctors working in or operating med spas are getting thrashed due to legal oversights. Here’s what doctors need to know to protect their practices…


Episode 30: Las Vegas Couple Makes Killing Billing the Dead for Bullsh** Medicaid Expenses


Dead men tell no tales – so they can’t report you to the federal authorities for money laundering and Medicaid fraud. Before ultimately getting caught, this couple used their ill-gotten gains to finance a penthouse condo, a sports car, a cellar packed with fine wine, and a private jet.  How the hell did they pull this off? How did they get caught? And what lessons can doctors learn from this kind of criminal activity? Our podcast has the details. Don’t miss it.


Episode 29: When Hannibal Lecter is Your Patient.

A violent criminal was pursued by police. Backed into a corner, the criminal killed the advancing canine unit and jumped from a building. He was severely injured in the fall and treated at a local hospital. There, the criminal became a patient. He was monitored by a female guard. He was left unrestrained and attempted to escape, stabbing the guard with a shank. The result? Lots of blood. And a negligence case. Really.

Why was this patient not restrained? How much liability falls on the shoulders of the hospital? The patient (criminal)? The guard? This case is a fascinating, violent mess.


Episode 28: Armed Conflicts in the Practice, Violent Threats, and Suicide Prevention – Former FBI Agent and Police Sergeant Teach Doctors How to Prevent the Worst. (Part 2)

We continue our two-part discussion with Kathy Leodler (former FBI) and Paul Leodler (former police sergeant) of the Rampart Group.

Concealed weapons in the medical practice – where to begin? Is it possible to balance the protection firearms provide with the risks they create? And how should doctors react when a patient (or employee) with a history of extreme behavior (and a sizeable gun collection) threatens violence – or suicide? Most patient interactions are conflict free. But not all of them. Some can be deadly. And if it is predictable, it’s often preventable.

Before we get into the show, here’s a quick message from Resolve – a physician contract review company.

At Resolve, they believe that knowledge is power for physicians. And that power gives you control over your financial future.

Resolve believes that by mining, analyzing and synthesizing data, they can provide you with the information and insight that empowers you to diagnose the health of your career, fully understand your worth and maximize your full potential.

As a company founded by a doctor, for doctors, Resolve’s focus is on the wellbeing of those whose purpose in life is to care for the wellbeing of others.

To have this incredible company review your employment contract, find them at www.doctorpodcastnetwork.com/resolve.

__________________________________

Episode 27: Violent Patient or Employee? Active Shooter? Former FBI Agent and Police Sergeant Teach Doctors How to Prevent the Worst. (Part 1)

Kathy and Paul Leodler run the Rampart Group, a security consulting and investigations company. Kathy Leodler is a former FBI agent who retired after a distinguished 23-year career. Paul Leodler served in local law enforcement for 16 years and has over 40 years security and investigative experience.

They have assisted many doctors. They’ve seen it all. Angry patients. Family members who are exploding – metaphorically. Employees who want the practice to know who’s the “real boss.” They understand security at the highest level – including security nuisances to crises specific to medical practices. Most patient interactions are conflict free – but not all. Some can be deadly. Preparation is key. Here’s what doctors must know…

This episode of the Medical Liability Minute is sponsored by John McCarthy, co-founder of Physician Tax Advisors, and his team of CPAs have a combined total of over 60 years of experience helping physicians save money. Doctors have full plates already – and taxes just add stress.

Get the help you need and save money while you’re at it with Physician Tax Advisors.  

This firm is physician-family owned and works exclusively with physicians to lower their tax bills. By specializing in physician finances, John and his team have helped many physicians with high student debt decide if they need to file their taxes jointly with their spouse or separately. 

We ran the numbers and know that working with John just makes sense. Check them out at www.doctorpodcastnetwork.com/CPA

+ Request a complimentary, confidential medico-legal consultation

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+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 26: Patient Blinded and Doctor Blind-sided by Referral Gone Bad. Who’s to Blame?

An ophthalmologist determined his patient required the attention of a niche specialist. Fortunately, such a qualified specialist practiced next door (literally). Flash forward: The patient was rendered partially blind. And the cherry on top? The specialist next door did not take the patient’s insurance. A suit resulted.

Questions abound: How much research is the doctor obligated to perform prior to referring a patient? How can doctors reduce risk to themselves (and their patients) when making a referral? And what are the chances this could happen to you?

This episode of the Medical Liability Minute is sponsored by Physician Wealth Services.  Physician Wealth Services is a fee-only financial planning firm devoted to the financial well-being of physicians. Ryan Inman, founder of PWS and creator and host of the Financial Residency Podcast, developed a sense of responsibility to help physicians with their financial goals after witnessing how vulnerable his wife was to poor financial advice during her residency. To work with Ryan so that you can feel more in control of your money, contact him and his team at www.doctorpodcastnetwork.com/physicianwealth

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Episode 24: Surgeon Slammed by NFL Star. When Celebrity Patients Sue Doctors. 

An orthopedic surgeon operated on an NFL star athlete. When the athlete experienced a bad outcome, he blamed the surgeon for prematurely ending his career. When a patient’s lost earning potential can be measured in the tens of millions, how can doctors protect themselves from catastrophic settlements?

Most doctors would jump at the chance to operate on someone famous. But star-power can cut.

Here’s what doctors must keep in mind when caring for celebrity patients…

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Guest Episode 3: I’m a Doctor: What Will a Medical Liability Mitigation Advisor Do For Me?

Huh? What’s that? Malpractice is a large and expensive part of what doctors have to face in today’s medical landscape. By establishing this relationship ahead of time with an advisor, you can head off a lot of problems before they become really big problems.

Our colleagues at the Paradocs podcast discuss how Medical Justice works offensively against the parties bringing lawsuits against member doctors.


Guest Episode 2: Lessons from a Neurosurgeon-Attorney-CEO

Dave Mandell, partner at OJM Group and host of the Wealth Management for the Modern Physician podcast, discusses, business, medicine, and wealth management with Medical Justice Founder and CEO, Jeff Segal, MD, JD. Listen and subscribe to future episode of the Wealth Management for the Modern Physician podcast here: https://www.ojmgroup.com/wealth-planning-for-the-modern-physician-podcast/


Guest Episode 1: Have You Heard of HIPAA’s Angrier Cousin, TCPA?

Here’s what doctors must know: Texting a patient (without proper written authorization) can result in a $500 penalty. Per text. With no caps. Doctors who text patients without written permission risk ruin. Legislation known as the TCPA (Telephone Consumer Protection Act) dictates stiff penalties specific to texting and privacy violations. 

The good news: The enclosed podcast, produced by our colleagues at the Insight Marketing Group (and featuring Medical Justice Founder and CEO, Jeff Segal, MD, JD) will teach you how to protect yourself from the worst outcome. Need help addressing TCPA compliance? Schedule a free consultation with Medical Justice Founder and CEO, Jeff Segal, MD, JD.


Episode 23: A Storm is Brewing in the Med-Mal World. 

Click here to read the podcast transcript

A storm is brewing in the med mal world – and one of the best professionals to educate us on the gathering clouds is Teddy Gillen. Who is he? Teddy is a principal at EPIC Insurance Brokers & Consultants. He’s been in the med-mal space his entire career. He has a gift for turning medical malpractice insurance, a subject most perceive as dry and dreary, into a whirlwind narrative that is fascinating and informative. Doctors frequently call us after a crisis has hit. If you spend even a modest amount of time with us today, you’ll walk away with wisdom that will help guard you against the worst med-mal outcomes.

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Episode 22: America’s Leading Voice on COVID Speaks from the Frontlines. 

Click here to read the podcast transcript

Dr. Roger Seheult is arguably America’s leading voice on COVID-19.  He is a pulmonary and critical care doctor treating COVID-19 patients on a daily basis. His website, MedCram, has released over 100 videos on COVID-19. His YouTube channel has over 800,000 subscribers. MedCram’s content has been cited regularly as one of the most credible and accurate sources of COVID information available.

We spoke with Dr. Seheult about his experiences caring for patients on the frontline. And we discuss it all – victories, setbacks, emerging vaccine candidates, and potential treatment options.

+ Request a complimentary, confidential medico-legal consultation.

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+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 21: E.R. Doc Sued After Dousing Patient’s Laceration with Pesticide. Who’s to Blame? 

Click here to read the podcast transcript

A patient was rushed to the E.R. after a lawnmower lacerated his forearm. Sitting on the counter was a product called CaviCide. What’s CaviCide? An industrial strength pesticide. Absolutely not for human use. Which, of course, is precisely why the attending physician and his nurse sprayed it repeatedly into the patient’s gaping wound.

How did this happen? Why was an industrial strength pesticide present in the treatment room? And why did the jury deliver a defense verdict? It’s a complicated case.

+ Request a complimentary, confidential medico-legal consultation.

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Episode 20: Missiles in the OR. Patient’s Eyeball Pierced by Flying Needle. Who’s to Blame?

Click here to read the podcast transcript

A 30-gauge needle pierced a patient’s eyeball during an elective procedure. The patient was advised all was well and sent home. She returned a short time later with rapidly deteriorating vision. She was ultimately rendered blind. Was the surgeon at fault? Or was his scrub tech to blame? It’s a complex case.

+ Request a complimentary, confidential medico-legal consultation.

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Episode 19: Every State Determines Brain Death Differently. Really.

Click here to read the podcast transcript

What does it mean to be dead? You’d think the answer to that question is binary. You are, or you are not dead. But the fact is every state in the US determines death differently. And the subtle differences can have major consequences for doctors and their patients.

On this episode of the Medical Liability Minute, we discuss brain death with Thaddeus Pope, JD, PhD. Professor Pope is one of the world’s leading experts on medical law and clinical ethics. We are privileged to have Professor Pope as our guest on this episode of the Medical Liability Minute.

+ Request a complimentary, confidential medico-legal consultation.

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Episode 18: Asset Protection and Wealth Creation for Doctors – Protect Your Nest Egg from COVID-19 with Medical Justice and the OJM Group

Click here to read the podcast transcript and learn how you can get several of the OJM Group’s publications for free…

The COVID-19 pandemic has turned our world on its head – both in terms of our health and our finances. On this episode of the Medical Liability Minute podcast, Medical Justice Founder and CEO, Jeff Segal, MD, JD, discusses asset protection strategies for doctors with David Mandell, JD, MBA. The objective? Help doctors protect their nest eggs during these turbulent times.

David Mandell is a partner at the OJM Group, a multi-disciplinary wealth management firm. What distinguishes them? Their focus on physicians. The OJM Group has worked with over 1500 physician clients in 48 states. David Mandell is an author and renowned authority in the fields of asset protection and general wealth management. We are privileged to have him as our guest on this episode of our podcast.

+ Request a complimentary, confidential medico-legal consultation.

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+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 17: Family Practitioner Treats Patient for Depression While Sleeping With His Wife on the Side

It is not uncommon for patients to develop romantic feelings for their caregivers. Managing these emotions is critical. When these emotions are mismanaged, bad outcomes often result.

A family practice doctor was treating a husband and his wife for an assortment of challenges. To make a long story short – the patient’s wife (who was also the doctor’s patient) fell in love with him.

Did this development resolve healthfully? If it did, we wouldn’t be discussing it. What can we learn?

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Episode 16: A Prescription for Humanity in Medicine

Neurosurgeons (and surgeons in general) have a reputation for being cold. Deserved or not, the stereotype has stuck. Dr. Joseph Stern argues embracing humanity in medicine is the key to combating burnout and improving patient outcomes. He speaks from his own experiences and makes compelling arguments.

We are privileged to have him as our guest on this episode of the Medical Liability Minute…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 15: Combating Sexual Harassment in Healthcare: Protecting Your Employees, Your Patients, and Yourselves


It is critical doctors take steps to protect their staff, their patients, and themselves from sexual harassment. These cases often rear their heads without warning. Many doctors have the power to do more than they realize. Those caught unaware pay a high price. 

On this episode of the Medical Liability Minute, Medical Justice Founder and CEO, Jeff Segal, MD, JD, and Medical Justice General Counsel, Mike Sacopulos, JD, discuss key measures doctors can take to protect their employees, their patients, and themselves from sexual harassment.

They do this by dissecting a real sexual harassment case from Tennessee…

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Episode 14: How to Have Your Day in Court and Keep Your Nest Egg | Top Med-Mal Defense Measures with Super Lawyer Chris Schulte, JD

Let’s pretend you’re on trial for malpractice. The jury delivers a runaway verdict – a 5 million dollar judgement. You have a 1 million dollar malpractice policy. You could be on the hook for the 4 million dollar difference – but because you and the plaintiff agreed to invoke a certain kind of agreement, your nest egg is untouched. And you get to keep your house.

What is this agreement? And what other key strategies can doctors invoke to protect their interests before, during, and after a trial?

Listen to this episode of the Medical Liability Minute to find out…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 13: What Doctors Get Wrong About Med-Mal Litigation | A Deep Dive with Florida Super Lawyer Chris Schulte, JD

On this episode of the Medical Liability Minute, Medical Justice Founder and CEO, Jeff Segal, MD, JD, and Florida Super Lawyer, Chris Schulte, JD, discuss what most doctors get wrong about medical malpractice litigation – and what they can do to increase the chances they’ll get their case dismissed or prevail in court.

Chris Schulte, JD, is a seasoned medical malpractice defense attorney from Tampa, Florida.

We are privileged to have him as our guest on this episode of the Medical Liability Minute…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 12: A Doctor’s Greatest Nightmare. Indictment. Prison. Then the Road to Redemption.

Dr. Roy Shelburne was, by all accounts, living the dream. He was leading a successful dental practice. He was providing high-quality care to patients who otherwise would’ve gone without. And he was serving a community of friends and family.

In 2003, the FBI kicked down his door. Over the next few years, his every word was scrutinized. A few years later, he was indicted and found guilty of healthcare fraud, racketeering, money laundering, etc.

Now he teaches others how to avoid fatal mistakes. We are privileged to have him as our guest on this episode of the Medical Liability Minute…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 11: Making Primary Care Cool Again with Dr. Josh Umbehr and Atlas MD

Dr. Josh Umbehr is a leader in the DPC (Direct Primary Care) movement. Briefly defined – it is prepaid primary care. And it is revolutionizing primary care across the country.

On this episode of the Medical Liability Minute, Dr. Umbehr and Dr. Segal discuss multiple topics: the DPC movement’s history, its impact on patient outcomes, and what doctors can do to participate…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 10: Asset Protection Planning for Physicians: A Prescription for Peace of Mind

We spend our careers caring for our patients and providing for our families. But how often do we stop to protect what we’ve earned? Not enough – which is a problem. It’s much easier to protect what you’ve earned than to earn it again. And catastrophes can divorce you from the assets you trust to keep your loved ones financially secure. 

On this episode of the Medical Liability Minute, Dr. Segal collaborates with Asset Protection Attorney Ike Devji, JD. Mr. Devji is one of the country’s leading authority on asset protection strategies for physicians…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 9: Gadolinium Deposition Disease: The Litigation Tsunami No One Sees Coming 

There’s a litigation tsunami on the horizon. If you order any MR imaging studies, you will want to hear more. Including how to mitigate the risk. Gadolinium is a contrast agent. Each year, about 30 million MR scans are performed. 1/3rd use contrast.

The newly described diagnosis is called Gadolinium Deposition Disease. It was described only recently in clinical journals. Even today, the diagnosis is controversial.

But, the lawsuits have started.

First up, lawsuits against manufacturers/distributors of gadolinium contrast agents. Chuck Norris (and his wife) are some of the plaintiffs. These are being propelled in MultiDistrict Litigation (MDL) by a small number of attorneys.

For those attorneys left out, they are starting to target healthcare systems, radiologists, and doctors who ordered such studies.

On this episode of the Medical Liability Minute, Dr. Segal interviews Dr. Benjamin Harvey, Director of Quality Improvement, Department of Radiology, Massachusetts General Hospital, Harvard Medical School.

Learn about Gadolinium Deposition Disease. Is it real? Is it just litigation theatre? If you order even one MR with contrast, learn how to mitigate the legal risk of being caught in the snare. 

+ Request a complimentary, confidential medico-legal consultation.

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Episode 8: Missing Toes & Shotgun Lawsuits – Why Throwing Colleagues Under the Bus Never Pays


The subject of this week’s podcast is a podiatrist. The podiatrist was scheduled to treat a patient suffering from a fungal infection in his toenails. The problem – the patient didn’t have any toes…

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Episode 7: Trolling for Litigation – Why Staff Chaperones Will Save Your Skin

If a patient’s reported symptoms are grossly incongruent with your objective examinations, you might be looking at a red flag. Such was situation the subject of our podcast found himself navigating. The patient (female) alleged his the doctor’s examination was so brutal, it aggravated her existing condition. The patient’s husband, who claimed to have been in the exam room at the same time, verified this was true. But the physician’s employee, who was also present during the examination, told a different story. Jeff and Mike discuss…

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Episode 6: Consent Vs. Informed Consent – How Should Doctors Communicate Risk to Patients?

If surgeons told their patients everything that could go wrong during a procedure, only the most courageous would consent. That said, doctors must set appropriate expectations. Patients must have an adequate understanding of the risks. These conversations are memorialized in consent forms.

But even after a doctor obtains a patient’s consent, some will still allege they did not comprehend the innate risks. These outbursts typically accompany bad outcomes. What is the difference between consent and informed consent? And what is the optimal way for doctors to communicate the level of risk to their patients? Jeff and Mike discuss…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 5: Belly Dancer Sues Belly Dancer – What to Do When a Patient’s Family Perpetuates a Frivolous Lawsuit

Patients aren’t always the party responsible for perpetuating a frivolous claim. Sometimes the patient is perfectly happy with the care you’ve rendered – it’s his family that wants to pick the fight. Such circumstances require the patient to declare loyalty to one side or the other. Spoiler alert – his doctor rarely come out on top. But there are steps doctors can take to diffuse these delicate situations before sparks start to fly…

+ Request a complimentary, confidential medico-legal consultation.

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Episode 4: Patients Bamboozled by Big Bills: How Much Care is Too Much Care?

Malpractice accusations fly when patients feel they’re denied the standard of care. In an attempt to douse firecrackers, some doctors prescribe superfluous tests. The purpose of said tests is to alleviate anxiety. But whatever good-will they facilitate is dashed when the patient receives his bill. On top of that, these tests generate unnecessary costs while providing little or no insight into the patient’s health.

Doctors know even menial tests present a small amount of risk to the patient. And if the amount of menial tests performed is not menial, then neither is the level of risk. On this week’s episode of the Medical Liability Minute, Jeff and Mike dig into all that can (and will) go wrong when patients are subjected to unnecessary testing…

+ Request a complimentary, confidential medico-legal consultation.

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+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 3: Avoiding Bad Outcomes When Selecting Interpreters for Deaf Patients

Deaf patients require interpreters fluent in sign language. Federal law mandates you provide one. The defendant in today’s episode provided his deaf patient with someone beyond adept in sign language – a member of his staff who happened to be the mother of a deaf child. And yet – when treatment ended, a lawsuit was served.  It alleged the patient was not provided with a qualified interpreter and experienced a sub-optimal outcome as a result. 

Could anything have been done to avoid this end? Jeff and Mike discuss…

+ Request a complimentary, confidential medico-legal consultation.

+ Members: Receive a free month of protection when your colleague joins Medical Justice.

+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 2: Fueled by Fear: Why Scared Patients Will Always Find an Attorney

Meritless malpractice cases are propelled by emotions. Most are products of greed, confusion, and misinformation. Physicians must not underestimate the role fear plays in such cases. Scared patients and predatory attorneys are drawn together like magnets. The 2012 New England Compounding Center meningitis outbreak created a lot of scared patients. And numerous malpractice claims. Not every claim was warranted, though. Today, Jeff and Mike dissect two malpractice claims that were inspired by fear, not medical neglect. How can physicians protect themselves from “trigger-happy” patients during such outbreaks? And what can physicians do to assuage a patient’s fears?

+ Request a complimentary, confidential medico-legal consultation.

+ Members: Receive a free month of protection when your colleague joins Medical Justice.

+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


Episode 1: From Vietnamese Re-Education Camp to Med Mal Courtroom

In our debut episode, Jeff and Mike discuss an important topic: How to navigate the fallout that inevitably follows the death of a patient. A patient’s death can conjure “long lost relatives”, along with their attorneys. Experience has taught us if they smell blood in the water, they’ll bite. What can physicians do to protect themselves from family members who want to pursue frivolous litigation?

+ Request a complimentary, confidential medico-legal consultation.

+ Members: Receive a free month of protection when your colleague joins Medical Justice.

+ Help us make future episodes even better. Review our podcast on iTunes.

+ Questions about membership? Call our admin, Wendy Cates: 336-358-5587


 

When a Doctor Has an Abnormal Blood Test

Medical Justice provides free 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 free consultation – or use the tool shared below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it 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…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

In one sense, we are all living on borrowed time. How hard should we look to find the ticking time bombs? When we find one, what do we do?

In terms of knowing whether we’ve made good decisions, we only connect the dots looking backwards. Still, I wonder what the right balance is – between “looking harder” and “ignoring what may go away on its own.”

Some background.

Two years ago, I fractured my left fibula. It was treated with 8 weeks of bracing. When I took the brace off, my calf was enormous. Not what one would expect with decreased use – and even predicted atrophy. I had zero pain. A doppler venous flow study showed extensive deep venous thrombosis, affecting calf veins going up into deep veins of the thigh. Rut roh.

The orthopaedic surgeon called my mobile as I left the doppler test, exhorting me to go straight to my internist – to start anticoagulation. I was already in my internist’s parking lot.

I did 12 weeks of Xarelto. I started wearing compression hose. All was well.

Fast forward two years.

Ten days ago, I went cycling. I’m an avid cyclist. I’m one of the older guys in the group. My compadres are fast. And it’s hell to keep up with them. We rode for 60 miles at a blistering pace. When we finished, my right calf was sore. No surprise. I figured it was a sore muscle and it would get better on its own.

It didn’t.

It was still sore 5 days later, a Thursday. And tender.

There was no swelling or bruising. I was leaving for a meeting in Miami the following day.

I thought, this couldn’t be a DVT, could it?

Nah.

To reassure myself, I ordered a D-Dimer test, fully expecting it to be negative.

I flew to Miami on Friday.

The D-Dimer results came back Friday afternoon at 4:50 PM. Naturally.

It was positive. The reference range was 0 to 0.5 mg/L. MY value was 5.0 mg/L.

Adopting Apollo 13’s command pilot, Jack Swigert’s famous line, “Miami, we have a problem.”

I was at a medical meeting and asked locals if they knew where I could get a venous Doppler flow study to rule out DVT on this late Friday afternoon – other than spending the night in an emergency department.

I called two vein treatment centers. One was closed. Another was fully booked with zero open slots. No luck.

I made the leap I had what I had. I went to Walgreens at 5:55 PM. They had already closed their register. Nonetheless, good fortune ruled. I was able to “score” 10 Xarelto pills.

Treatment had begun though the presumed diagnosis was unconfirmed. Still, the Xarelto bought me time.

Candidly, I felt relief.

That evening, I found a website touting portable diagnostics. They’d bring a Doppler ultrasound to a doctor’s office. They would also bring it to my hotel room. I scheduled the test online and put down a deposit. I was on for 9AM, Saturday. You gotta love the “innovations” and new services of the 21st century.

9AM passed. No show.

10 AM, I received a call. The company was sorry. They don’t work weekends. The scheduling module on their website should have blocked out weekends. It didn’t. They could do the test on Monday. I explained I’d be back in North Carolina then. They apologized profusely and said they “comp” me a free Doppler test next time I’m in Miami.

AWESOME. THANKS!

Well, I made it back to North Carolina. Doppler venous study showed a localized DVT in deep muscle (gastrocnemius) veins. There was adjacent trauma to the muscle – from that brutal cycling ride.

My internist believes these two events were “provoked.” Regardless, past tests to look at how thrombotic I might be were negative.

He suggested 12 weeks of Xarelto. Again. Plus, compression stockings.

The literature (as summarized in the updated guidelines from American College of Chest Physicians) is not definitive on whether patients with isolated distal DVTs even benefit from full anticoagulation. The risk of PE is not high. Another option is doing serial Doppler scans to see if the clot propagates to become a proximal DVT. The literature IS definitive on treating proximal leg DVTs with full anticoagulation. The Guidelines conclude the best course of action is shared decision making with one’s physician. Of course.

More unknowns. How soon could I go back to brisk exercising?

Plus, my wife and I will be heading to northern Finland for a long-overdue vacation. Right, northern Finland in the winter. I’ll report back. What if I have a medical problem in Lapland? I have no idea how sophisticated the hospitals are in the tundra.

Back to where I started. Most of us likely would have ignored the symptom as being self-limited. The pain and tenderness in my unswollen calf abated 8 days after it started. It would have been easy enough to ignore. Most of us would have ignored it. Even physicians. Even physicians with a prior provoked DVT. I was close to being that person.

Makes me wonder what other time bombs are looming. Anyway, we live to fight another day.

Medical Justice provides free 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 free consultation – or use the tool shared below.

Review Widget

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it 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…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

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

Take Advantage of Our Review Monitoring Service

We provide qualified applicants with free review monitoring for 6 week. Reports delivered bi-weekly.

w

Request a Consultation with Our Founder

Medical Justice Founder and CEO, Jeff Segal, MD, JD, provides consultations to doctors in need of guidance. 

Meet the Experts Driving Medical Justice

Our Executive Team walks with our member doctors until their medico-legal obstacles are resolved.

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 over 50 combined years of 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.

Dealing with Difficult Patients: How to Survive the Patient from Hell

Medical Justice has been protecting doctors from medico-legal threats for 20+ years – and we’ve seen it all. We know how to de-escalate conflicts with difficult patients. Why? Frequently, medico-legal threats are propelled by difficult patients.

And it must be said: Most patients love their doctors. And most doctors like (even love) their patients. Which is why understanding how to de-escalate the outliers is critical. This article will summarize best practices.

If you are dealing with a difficult patient (or predict you will be soon), a free consultation with our executive team – it’s fast and easy. With that said, let’s begin…

3 Questions Doctors Must Ask When Dealing with Difficult Patients 

  • What does the patient want?
  • Why is the patient upset?
  • Can you live with the suggested remedy?

When dealing with a difficult patient, first identify what the patient wants from you. This is the first step. They may want a refund. Or a “free” revision procedure. They may just want to vent. They may just want you to listen. Each patient is different. You don’t have to provide a monetary gift to make them “go away” – in fact, without proper counsel, we advise against it. But once you understand what the difficult patient wants, you can begin taking steps towards remediation.  

Next, understand why the patient has become a “difficult patient.” Consult your staff. A difficult patient is frequently a known entity among your employees. While some patients “go bad” overnight, most signal their difficult predispositions early. Train your staff to identify the tell-tale signs of a difficult patient. This can save you. Your staff interacts with the patient directly (like you do), but the backdrop is different. They are more likely to speak to the patient over the phone or while the patient is waiting to receive care. 

They can likely identify what triggered the patient’s bad behavior – an unexpected bill, a subjective expectation that was not met, long wait times, etc. Their insights will help inform remediation strategies. 

Once you’ve identified what the patient wants and why the patient is upset, you must ask yourself the following questions:  

What will make the difficult patient “happy?” What will satisfy them? And if you can identify a remedy, is it reasonable?  

Important detail: We’re not suggesting you give the difficult patient exactly what he wants – at least not without conditions. But considering what will satisfy the patient is critical. 

Frequently, the answer is money. The difficult patient often wants cash. Shocking.  

Let’s bring two truths to light. If a patient demands money from you, pause. Writing a check and hoping the difficult patient will disappear is a horrible idea. There is nothing stopping the patient from cashing your check, jumping back into his car, and returning to the practice to provoke you and harass your staff. That said, sometimes returning some or all the money a patient paid works.  

But the arrangement must be conditional – in exchange for this modest sum, the patient’s undesirable behavior must cease. Frequently, this arrangement also releases the patient from the doctor’s care. And in the event the patient violates this contract (memorialized in a release), takes the money, and continues their bad behavior, the doctors must have appropriate legal consequences at the ready.

If this describes your situation, Medical Justice can work with your practice to neutralize this problem. Schedule a free consultation with our executive team to get started.

Our article continues below.

To briefly review, when dealing with a difficult patient, keep these questions in mind… 

  • What does the difficult patient want? 
  • Why is the difficult patient upset? 
  • Is their suggested remedy reasonable? Can you live with it? 

You must also consider the legal consequences of supplying/implementing the remedy. As we said before, don’t just wash the patient in cash and pray they’ll vanish.

Now that we’ve broadly defined best practices for dealing with difficult patients, let’s consider two real-world vignettes. These are both inspired by real problems we’ve helped our member doctors address.

Dealing with difficult patients who threaten extortion… 

A member doctor is addressing a difficult patient. The doctor has worked hard to satisfy the patient’s demands but is quickly approaching their limit – the patient is unreasonable or is demanding remedies the doctor is unwilling (or unable) to supply. Then comes the threat. 

“Give me what I want – or I’ll sue.”  

This threat also has a cousin. 

“Give me what I want – or I’ll blast you online.” 

The precise language is irrelevant – in the case of threatening to blast someone online, this is extortion. And we bring this up because this behavior is typical of difficult patients. First, don’t surrender to the patient’s demands. Doing so is like feeding a stray cat – the patient will only come back for more.  

The solution? Release the patient. But do it properly. There are ways doctors can formally terminate the doctor-patient relationship without running the risk of abandonment. It is critical that doctors seek qualified counsel before dispensing a release – this is not a DIY kind of document. Medical Justice is equipped to tackle these challenges.

Schedule a free consultation with our executive team to get started. 

Dealing with difficult patients who post defamatory (or fake/exaggerated) online reviews… 

The patient in the vignette above was courteous enough to dispense a warning before acting: “Give me what I want – or I’ll blast you online.”  

Here’s the reality – most don’t give a warning. Most just do it. Or they threaten to do it again after they’ve already done it once. And if the doctor-patient relationship has soured, expect the worst. Proving defamation in court (especially online defamation via a patient review) is difficult. Doctors who try frequently waste their money and their time. Litigating difficult patients in this way is often a crapshoot.  

A better solution is to enlist the services of qualified experts – entities who understand the online world as it relates to patient reviews. Task these experts with crafting responses that defuse online conflict. There are ways you can tell your side of the story without making the problem worse. 

A critical take-home point: You must enlist someone who understands HIPAA viscerally. Responding to difficult patients on the internet without legal supervision is dangerous.  

Medical Justice tackles this problem in several ways: First, we evaluate defamatory reviews and craft HIPAA-compliant responses. These responses are customized to suit the conflict at hand and are dispensed judiciously. If there is evidence responding to a review will only incite the patient, we’ll pursue other remedies. Regardless, the practice gets to tell its side of the story. And because we understand the law, our responses are HIPAA compliant and designed to de-escalate the conflict. No doctor has ever profited from a prolonged online debate with a patient.

In addition, we supply practices with a survey tool that posts 99% of reviews collected to top sites. Assuming captured feedback is mostly positive, this dilutes the effect of a rogue negative review. 

Schedule a free consultation with our executive team to learn how these techniques work together to protect a practice’s online reputation.  

Dealing with difficult patients who threaten a Board/licensing complaint… 

A threat to file a complaint with a licensing Board frequently gives doctors pause. Our license to practice medicine is our lifeline. Once that license is tarnished, recovery is slow.   

Sometimes patients will demand money in exchange for not filing a Board complaint. The solution is frequently to release the patient, but when a Board complaint is in the proverbial chamber, it is critical a doctor enlists the help of experts who know how to de-escalate a conflict with a difficult patient. A standard release form won’t cut it. The language in the release must a) formally terminate the doctor-patient relationship and b) neuter the patient’s threats. Further, one cannot tie a release with the patient promising not to file a Board complaint. Such a term is against public policy.  

The patient’s threat is likely empty and the complaint, even if propelled, would likely be perceived as frivolous by the Board, particularly if the patient threatened such action unless a check was forthcoming. But doctors must commune with legal counsel before acting.

Doctors are trained to care for patients but dealing with difficult patients is an art in and of itself. It’s not something addressed in our training – at least not in detail. In our opinion, it should be, because dealing with difficult patients is a practical reality of practicing medicine. It happens to everyone. 

In closing, if you are currently dealing with a difficult patient, we are sorry you are in a tight spot. We’ll close with a straightforward remedy: Seek help. You don’t have to go it alone. There are qualified experts out there who understand the playing field and know how to deal with difficult patients. 

Medical Justice has been protecting doctors from difficult patients (and a bevy of other medico-legal threats) for 20+ years. If you are reading this article because you are dealing with a difficult patient, request a free consultation with our executive team.  

A brief conversation with us can provide peace of mind – and likely solutions. Click here to schedule your free consultation – it’s fast and easy.

And lastly, let us know your thoughts in the comments.

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

Take Advantage of Our Review Monitoring Service

We provide qualified applicants with free review monitoring for 6 week. Reports delivered bi-weekly.

w

Request a Consultation with Our Founder

Medical Justice Founder and CEO, Jeff Segal, MD, JD, provides consultations to doctors in need of guidance. 

Meet the Experts Driving Medical Justice

Our Executive Team walks with our member doctors until their medico-legal obstacles are resolved.

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 over 50 combined years of 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.

Dude, Those Are MY Patient’s Photos on YOUR Website.

Medical Justice provides free 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 free consultation – or use the tool shared below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it 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…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

It’s Friday afternoon and you’re checking mail before calling it quits for the weekend. One letter is from an attorney. It’s a cease and desist. Plus, a demand for money. Lots of money.

The lawyer is alleging your website, Instagram account, and other social media accounts are peppered with unlicensed pictures of patients from another practice. Two black and white copies of photos of a patient’s nose and lips are included as Exhibits A and B. These are placed next to two copies of photos on your social media properties. They look similar, but it’s hard to tell.

The lawyer continues – your practice has committed copyright infringement, false advertising, and more.

This is not the way a restful weekend begins.

Now what?

The first step is to do some due diligence. Do not ignore the message. If you have committed copyright infringement and have no viable defense, the penalties can be steep. So, see where the pictures in question originated.

Are those pictures your patients? If not, how did the pictures get on your site? Did someone from your practice or a vendor properly license such photos? For example, you can pay companies such as Shutterstock or Getty Images for a license to use their images. As long as you are using such photos according to the license agreement, you should be fine. 

It’s also possible the photos are in the public domain – for example, Creative Commons, and no one needs to pay to use them.

Sometimes, though, well-intended employees or vendors will copy and paste photos they find online – and use them on your website. That’s a no-no. But it is a common practice.

If your vendor is the culprit, dig deeper. Ask him or her for help in resolving your new problem.

Take a look at your vendor agreement. Does it indemnify you for any problems related to their negligence? In a perfect world, such a clause would be present in your contract. It would help, but only if the vendor’s pockets are as deep, if not deeper, than yours. If not, then that piece of paper and its ability to protect you is merely part of an academic discussion. 

OK, now what?

Do you have cyber-liability insurance? Hopefully, the answer is yes. If so, does it include any benefits to address claims of copyright infringement? Yes? Then you know the next call you need to make. Regardless, to our blog readers, now would be a good time to pull out your cyberliability insurance policy to see whether it covers this problem. If not, see if your policy can be beefed up with a rider that will help.

Finally, you may need to hire a lawyer. Companies that license photos, such as Getty, do send letters alleging copyright infringement. The few I have seen make reasonable demands, often lower than what it would take to pay a lawyer to fight the fight. I’ve also seen demand letters from lawyers representing practices (who own the copyright for the photos in question) asking for tens of thousands of dollars. Such ridiculous numbers make negotiating a resolution challenging.

Copyright infringement is one of those problems best avoided before it mushrooms into a giant legal mess. Above and beyond the legal penalties, if a person might reasonably believe these photos are of your patients (and they aren’t), a complaint to the Board of Medicine alleging false and deceptive advertising is sure to follow.

So, the best way to avoid the horrible weekend is to make sure the images on your site are either yours, or you have a proper license. Finally, if they are your patients, make sure you have the patient’s authorization in writing to use as you intend.

What do you think? Have you ever received such a cease and desist letter? Have you ever sent such a cease and desist letter? Let us know in the comments below. Lastly, Medical Justice is more than equipped to work with doctors to resolve such disputes. Use the consultation tool below or visit our consult page to schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD

Medical Justice provides free 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 free consultation – or use the tool shared below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it 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…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

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

Take Advantage of Our Review Monitoring Service

We provide qualified applicants with free review monitoring for 6 week. Reports delivered bi-weekly.

w

Request a Consultation with Our Founder

Medical Justice Founder and CEO, Jeff Segal, MD, JD, provides consultations to doctors in need of guidance. 

Meet the Experts Driving Medical Justice

Our Executive Team walks with our member doctors until their medico-legal obstacles are resolved.

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 over 50 combined years of 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.

When Patients Go to War with Doctors Over “Failed” Procedures, Here’s How Doctors Win…

Medical Justice provides free 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 free consultation – or use the tool shared below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it 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…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

In 1982, The United Kingdom and Argentina fought a short war over the Falkland Islands. The UK held the Falklands, a remote territory, since 1831. Because of a long-standing territorial claim, Argentina’s president ordered an invasion. Two months later, the British retook the territory. The death toll was 649 Argentine and 258 British servicemen. And 3 Falklands Island civilians. There were 1,188 Argentine and 777 British non-fatal casualties. 

The population of the Falkland Islands in 2016 was estimated to be 3,400. 

The author Jorge Luis Borges characterized the Falklands War as a fight between two bald men over a comb

In less colorful terms, the value of the asset which instigated the conflict was less than the cost of fighting the fight. 

In healthcare, particularly in cash pay fields, it is not uncommon for disputes to arise over money, resulting in a conflict consuming more “resources” than the amount of money in dispute.  

A classic example: A plastic surgeon performs some procedure – say a facelift. The outcome is pretty good. Is it perfect? No. But, most of this surgeon’s colleagues would agree it was done at or above the standard of care. The patient is dissatisfied. The surgeon says he’ll be happy to do a revision where he waives his professional fee. The patient says, “No dice.” She wants her money back. 

A line in the sand is drawn. The doctor has given the patient a reasonable option to resolve the dilemma. The patient reciprocates, arguing only one solution is possible. Tender a full refund.  

The surgeon feels this is not right. He managed expectations, did a reasonable job, gave the patient options, and now the patient wants it all for free. On principle, this seems wrong. 

Such conflicts can consume a great deal of emotional bandwidth within a practice.  

The unhappy patient often makes a lot of noise. Demanding time from staff. Sometimes in a loud voice. Sometimes with name-calling and profanity. Such nastiness spills over to the Internet.  

In purely rational terms, the amount of effort containing the contagion seems greater than just accommodating the patient. 

Here’s one solution that often breaks the impasse. It allows for a third path. What the surgeon is hearing is that the patient wants her money back. What she may actually be saying is that she does not want the surgeon to keep the money. While those statements seem the same, they are not.  

If the surgeon proposes donating that sum of money to a third-party charity, and the patient accepts that resolution, each side might benefit. The surgeon will not feel he was extorted. Plus, a worthy charity will receive needed funds. It’s hard not to feel good about that. And the patient will believe she won her battle.  

Plus, the conflict will be over. 

And the damage will be far less than the Falklands War. 

What do you think? Let us know your thoughts in the comments below. Medical Justice works with doctors to neutralize such conflicts. Use the tool below to schedule a complimentary consultation with our Founder and CEO, Jeff Segal, MD, JD – or schedule a consultation by visiting our booking page.

Medical Justice provides free 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 free consultation – or use the tool shared below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it 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…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

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

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Request a Consultation with Our Founder

Medical Justice Founder and CEO, Jeff Segal, MD, JD, provides consultations to doctors in need of guidance. 

Meet the Experts Driving Medical Justice

Our Executive Team walks with our member doctors until their medico-legal obstacles are resolved.

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 over 50 combined years of 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.