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.

 

Frivolous medical malpractice lawsuits are an occupational hazard for physicians. Stepping out of the crosshairs of a hungry plaintiff’s attorney is difficult. But with proper counsel, doctors can prevail – and, when warranted, even countersue. This article will provide a broad overview of defensive measures, as well as a few real-world vignettes. Our goal? Protect you.  

Before we proceed, here’s some background about our organization – and why we are qualified to solve this problem.  

Our Founder and CEO, Dr. Jeff Segal, has been in your shoes. He practiced neurosurgery for a decade and was served a frivolous medical malpractice lawsuit. Dr. Segal defended himself successfully and the frivolous case was dismissed. But Dr. Segal didn’t feel like he had won. He just felt like he had just lost less. So, he created Medical Justice and then got a law degree.  

We exist to protect doctors from medico-legal threats – including frivolous medical malpractice lawsuits. We’ve been at it for 20+ years and have worked with 11,000+ doctors.  

We are a known entity among plaintiff’s attorneys – which is why so few attorneys forge ahead with non-meritorious claims when they realize the doctors they are suing are under our protection. If you’ve been sued (or believe you are at risk), solutions exist.  

Schedule a free consultation with our executive team to learn exactly how Medical Justice protects doctors from frivolous malpractice lawsuits.  

Let’s begin…

Deter frivolous medical malpractice lawsuits by identifying problem-patients early…

Medical malpractice lawsuits – where do they come from? Patients, mostly. Specifically angry patients – or their families. Reduce your risk of receiving a frivolous medical malpractice lawsuit by identifying these individuals early. Instruct your staff to log negative (and positive) interactions with your patients. Triage by perceived hostility. If a patient is harassing your staff or regularly complaining about the cost of their care, be wary. Also, patients who believe (accurately or inaccurately) that they’ve experienced bad outcomes should be considered high-risk. To patients, outcomes are “in the eye of the beholder.” 

Here’s a list of red flags doctors must keep in mind…

Patient is combative; frequently argues with staff over small amounts of money/office wait-times…

Patient acts as if they are entitled. 

Patient refers to previous doctors as “butchers” and “hacks.” The patient may flatter you, insisting that they’ve heard great things about you. “You’re not like those other guys!” Don’t swallow the bait. You will frequently become the next “butcher.” 

Patient does not commit to necessary follow-up diagnostics or treatment; this kind of patient can fly off the handle when their negligence contributes to a complication (such as an infection). 

Patient enters care with unrealistic expectations; believes the doctor has the power to work miracles; believes treatment will save their marriage, advance their career, etc.  

Patient fails to pay his bill on time and is unwilling to commit to your payment plan or ANY payment plan… 

Deter frivolous medical malpractice lawsuits by knowing when to dismiss a problem-patient… 

In some cases, the best course of action is to formally dismiss the patient and transfer ownership of the patient’s care to a different doctor. If the magic is gone, there’s no reason for either the doctor or the patient to feel like cellmates.  

But the transfer of care must be done carefully. Improperly terminating the doctor-patient relationship can propel abandonment charges. The solution? Consult qualified legal counsel BEFORE dismissing any patient. Medical Justice has authored countless dismissal letters. Our templates protect you.  To learn more, schedule a consultation with our executive team.  

Deter frivolous medical malpractice lawsuits by knowing when to answer a problem-patient’s demands… 

A patient with a problem frequently telegraphs his desired “solution.” Most want cash: “Give me a refund.” An important note: If the patient threatens to sue if you don’t tender a refund, this is extortion. Patients who want to hit below the belt may allude to a forthcoming Board/licensing complaint. These are common hazards we help doctors navigate on a weekly basis. If the patient has sent you (or your staff) a threatening message (electronic or otherwise), archive it. Such messages can be used to prove the patient is guilty of attempting to extort your practice.  

Returning to our main point – if the patient has turned himself into a hazard, you may feel tempted to just write him a check and call it a day. This is a terrible idea. Providing a patient with a refund is sometimes the solution – but the refund must be transactional. Without installing the proper legal documentation, nothing prevents the patient from cashing your check and coming back for seconds. It’s like feeding a stray cat. 

Here’s one potential solution. In exchange for a modest refund, the patient signs a contract stating he won’t sue the doctor down the road. In the event the patient sues anyway, this contract ensures countermeasures are already in place for dismissal. Frequently, this is more than enough to deter frivolous medical malpractice lawsuits. 

Plaintiff’s attorneys (and the patients who retain them) are attracted to soft targets. If they believe a practice is going to make them work for their meal, they’ll target someone else.  

Deter frivolous medical malpractice lawsuits by leveraging a counsel of qualified experts… 

This seems like a no-brainer, but we cannot emphasize this enough. Doctors should not attempt to remedy these conflicts by themselves. We understand it is difficult to see an attorney as a solution to your problem when another attorney is the source of your problem. But the goal is to reduce risk: Reduce the risk you’ll go to court, reduce the risk you’ll get served a bad judgment, reduce the risk you’ll be sued in the first place. The only way to do that is to rely on the guidance of professionals who understand the law as well as you understand medicine. 

Let’s discuss the “life cycle” of a frivolous medical malpractice lawsuit. The first step is almost always an unhappy patient. This patient yells at the doctor, posts defamatory reviews online, or threatens to file a Board/license complaint. Frequently, the patient will do all three. The patient is not litigious (yet), but the threat of litigation is real. We’ve dubbed this preemptive phase “the rumbling.” The clouds are gathering, and you can hear the thunder rolling in the distance. Afterward, the patient will attempt to retain an attorney. The attorney will evaluate the patient’s claim and likely propel the lawsuit if the attorney thinks the patient has a chance. In order to proceed, the attorney must request access to the patient’s medical records.  

It is for this reason we tell our member doctors to call us if they ever receive a request for records – it sometimes signals a lawsuit is forthcoming.  

At this point, we send the plaintiff’s attorney our “member letter.” The purpose of the letter is to inform the attorney the doctor is a member of Medical Justice. Two realities are made clear… 

If the plaintiff incorporates an expert witness into his testimony, this witness must be Board certified and in good standing with his/her professional societies; this reduces the chances the member doctor will be subject to the “expert testimony” of a traveling gun; a doctor who makes a living traveling the court circuit and testifying against colleagues… 

The letter informs the plaintiff’s attorney that the defendant has at his disposal up to $100,000 to file countersuits/counterclaims in the event the lawsuit is deemed frivolous… 

The letter does not take away the patient’s right to sue. It does, however, make it clear to the patient (and attorney) that propelling meritless litigation will have consequences. 

If a lawsuit is filed anyway, the doctor will receive a demand letter from the patient and his attorney. We are no longer in “the rumbling” – this is now a pre-lawsuit. The purpose of the patient’s demand letter is to coax the doctor into paying out. Every demand letter is different, but they all follow the same theme: If the doctor does not meet the patient’s demands, a lawsuit will follow. 

In the event the doctor is served, the next step is deposition. Medical Justice is equipped to train doctors prior to their deposition, increasing the likelihood they’ll perform well. This increases the chances they’ll ultimately experience a positive outcome. We also can help locate qualified expert witnesses – not a trivial task. These experts must know the medicine and communicate well with a jury. This ensures that the deposed doctor receives a fair shake if tried.  

We help our member doctors navigate a medical malpractice lawsuit strategically. There are even strategies doctors can employ to reduce the risk they’ll be reported to the Data Bank in the event of a settlement. 

When a patient presents to you with a problem, you diagnose. You ultimately advise them all to do the same thing: Seek help. Sometimes you are that help. Sometimes you refer them to a qualified colleague – and that colleague becomes the help. The process of addressing a medico-legal “illness” is no different.  

If you are living on the receiving end of a frivolous medical malpractice lawsuit, seek help. 

Let’s summarize. 

It is critical doctors familiarize themselves with the doctor-patient conflict taxonomy that propels frivolous litigation. Knowing how to de-escalate a problem-patient conflict early frequently neutralizes the risk you’ll get sued in the first place. But these conflicts are varied (refund demands, missed expectations, surprise costs, complications) and not always predictable. Doctors can react appropriately to the unpredictable by retaining access to qualified legal counsel – and by qualified counsel, we mean someone who understands viscerally the practice of medicine and the laws that govern how medicine is practiced in the United States. You want an MD, JD on your side.  

Medical Justice is your best defense.

Schedule a consultation with us to learn how we’ve kept doctors out of the medico-legal crosshairs for 20+ years.  

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.