What does Stormy Daniels’ attorney, Michael Avenatti, have in common with a Maryland med mal attorney?
Remember Stormy Daniels? This post is not about her, but her attorney, Michael Avenatti. And a case he propelled against Nike. He is incarcerated for felony fraud and extortion. There’s a fine line between aggressive demand letters and extortion. In [the] federal court complaint filed … Read more
How Soon Can Patients Who Experience a Seizure Resume Driving, If at All?
If a driver experiences a generalized tonic-clonic seizure while driving – with minimal to no warning aura, the likelihood of a serious accident is not insignificant. Such an accident could injure the driver and passengers of that car, pedestrians, people in other vehicles, and property. … Read more
Management of Radiographic “Incidentalomas” Discovered in the Emergency Department
Each year, there are over 100 million emergency department visits in the US. Imaging is performed in over 50% of such encounters. CT scans are performed in 20% of such visits. Not infrequently, a surprise finding is identified. It is estimated that an actionable incidental … Read more
PEth Testing: Reliable Test, or Tool of Abuse in Screening for Alcohol Use Disorder?
Physicians are humans. Like humans, some subset of the doctor population drinks to excess, impairing function. Most doctors who drink alcohol are not in this subset. They drank sparingly, in moderation, and/or socially. If function is impaired, then arguably patients are put at risk. So, … Read more
What Type of Care is Mandated for Those Imprisoned?
America locks up a lot of people. Approximately 2 million people are incarcerated. Also, many people have interactions with law enforcement, and they may be arrested and placed in jail pending trial. These people also get sick. What type of care are these individuals entitled … Read more
Living Wills and Pregnant Patients: How Are They Treated?
Living wills (advance directives) help physicians navigate thorny healthcare decisions – particularly with respect to how much care is desired. And delivered. A “living will” (LST) is a legal document that outlines a person’s preferences for medical treatment in the event they become incapacitated and unable … Read more
Prescribing for Yourself, Prescribing for Your Family: A Medico-Legal Thicket
The North Carolina Medical Board just proposed a revision to its current policy on self-treatment and prescribing to family members. It does not look dramatically different from prior policy statements. The updated policy draft was posted for comments (below). Not surprisingly, our colleagues have strong … Read more
Court Rebukes HHS, Ruling it Over-Reached with HIPAA and New Edicts on Tracking Technology
The Department of Health and Human Services (HHS) issued a guidance document called Online Tracking Bulletin. It then revised that document. The AHA, joined by the Texas Hospital Association, Texas Health Resources, and United Regional Health Care System, sued in November 2023 arguing that HHS … Read more
Anatomy of a Legal Demand Letter Likely Crafted by ChatGPT
Can ChatGPT craft a legal demand letter? Yes. A Medical Justice member on the west coast recently received a legal demand letter. I cannot prove it was crafted by a large language model. But it does not appear to have been written by a lawyer. … Read more
You Perform an Emergency Operation on Unsavory Surgeon’s Fresh Post-op. Are You Done?
Assume you have a mostly elective practice. You still have hospital privileges, but most work you do is performed in an outpatient surgery center. You are technically on the call schedule. You rarely get called. Most calls can be handled by having the patient see … Read more
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