Medical Justice® aggressively addresses the interest of doctors within the changing landscape of medical practice. Our mission; to protect our members' most important assets - reputation, character and integrity - against frivolous medical malpractice lawsuits, Internet defamation and unwarranted demands for refunds.



Jan 23 2015

Notes from a Plaintiff’s Attorney: Avoiding liability involving autopsies

Published by under Healthcare Reform

We continue with our series of articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. In this article, the author addresses “Avoiding liability involving autopsies.” This attorney is a seasoned veteran.  The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant.  Please give us your feedback – and let us know if you find the series helpful.

I. Forensic autopsies

State and municipal law mandate autopsies in cases of “unnatural” deaths. These include the death of any person not under a doctor’s care and will always include cases that appear to be homicide, suicide or accident.

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5 responses so far

Jan 16 2015

Notes from a Plaintiff’s Attorney: Legal issues when patients offer you a gift

Published by under Healthcare Reform

We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily agree with 100% of the details of every article, I think the messages are salient, on target, and fully relevant. Please give us your feedback – and let us know if you find the series helpful.

 

Whether you can accept a gift from a patient is fundamentally a matter of ethics. But fiduciary violations can result in discipline for misconduct. And patients and estates of deceased patients can sue for the return of what was gifted. So, when accepting a patient’s gift, it’s important to keep basic legal issues in mind.

 

As a fundamental matter, the doctor-patient relationship imposes unique professional boundaries and gifting to doctors by patients blurs those.

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7 responses so far

Jan 09 2015

Jim Morrison Had a Will When He Died. Do You?

Published by under Healthcare Reform

The other night, I was channel surfing and started watching a documentary on Jim Morrison, the lead singer of The Doors. He died at the age of 27 in a Paris hotel room. No autopsy was performed. Morrison struggled with alcohol abuse. Many accounts noted he was snorting heroin close to the time of his death. While he made a number of choices that hindered longevity, he did have a will.

The will stated his entire estate would pass to his girlfriend Pamela Courson, provided she survived him by 3 months. If she didn’t, his estate would pass to his brother and sister.

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2 responses so far

Jan 09 2015

Hepatitis C Drug Pricing – Let the Games Begin

Published by under Healthcare Reform

Gilead Sciences had a banner year. Its blockbuster drug to cure hepatitis C, Sovaldi, had sales of $8.5 billion through third quarter this year. This is the most successful pharmaceutical launch ever. The retail cost for Sovaldi is $84,000 for a 12 week regimen – or about $1,000 per pill. Continue Reading »

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Jan 02 2015

Shotgun Law-Suits: Coming to California in 2015

Published by under Healthcare Reform

California implemented substantive tort reform in the 1970s. The cap on non-economic damages (pain and suffering) has held firm at $250,000 since. And, compared to the rest of the country, professional liability premiums in California have remained “reasonable.”

 

Last year, enterprising lawyers spearheaded a referendum, Proposition 46, to overturn these caps. The Proposition was labeled Drug and Alcohol testing of Doctors. Medical Negligence Lawsuits.  The marketing pitch behind the proposition was clever – pilots and bus drivers are randomly tested for drugs and alcohol. Surely, this list should include physicians. (Buried in the Proposition was– “hey, by the way, let’s raise the cap on non-economic damages.”) The measure failed. For now, there is no state mandated random drug and alcohol testing for doctors. And, the cap on non-economic damages continues at $250k.

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9 responses so far

Jan 02 2015

Health Sharing Ministries – An Alternative to Traditional Expensive Health Insurance

Published by under Healthcare Reform

Many Americans purchase individual policies from health insurance carriers. Since the advent of the Affordable Care Act, the marketplace for such policies has changed. If you purchased an individual policy issued before 2010, and you maintained that policy in place, you are “grandfathered in.”  You can continue to purchase that policy – provided the carrier still sells the plan. Whether or not the carrier still sells that flavor depends upon the policy’s profitability. Continue Reading »

6 responses so far

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