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.



Sep 26 2014

The “Disruptive” Physician and the New Political Correctness

Guest post by Dr. Michael Rosenblatt. Dr. Rosenblatt is a retired podiatrist on the west coast.

Those older physicians reading this certainly know the World has changed, perhaps some of it for the better. If you served your residency years ago you will remember “disruptive” attendings. Sometimes our own student egos were publicly trashed with snide, cruel comments. You remember these people angrily react with RN and hospital employee staff. An incorrect instrument pass ended in the instrument flying through the air and smashing against the OR wall.

Times have changed for “disruptive” doctors. They more typically face the brunt of angry and anonymous complaints from nursing and hospital staff. These can lead to peer-review and even board actions against you. I think it’s labeled “toxic work environment.” Professional peer review is an onslaught you must avoid. There are no published rules for professional peer review. There are no safeguards for doctors on the wrong side. The only protections are for those who sit on the board.

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Sep 26 2014

File This Under “What Were They Thinking?”

Published by under Patient privacy

While a patient was under anesthesia, an anesthesiologist allegedly decorated a patient’s face with a fake mustache and fake teardrop under her eye. Then a nurse’s aide snapped a photo. Pretty funny, eh?

 

Well, the patient was a hospital employee who worked there for 13 years prior to having her face decorated against her will.

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Sep 19 2014

Billing Your Mom: Rules of Medicare

Published by under Medicare

Pop Quiz…

 

Question #1: Your mother is visiting you one weekend evening. She slips in your house. She now has a giant gash in her arm which requires stitches. Neither of you are enthused about spending the evening in an ER when you are fully competent to sew it up. Further, you will document the encounter and keep a record, as required by your Board of Medicine.

 

Side distraction. Every state has different policies vis a vis treating family members. This blog post doesn’t touch on that topic. And, in this blog post, it is reasonably assumed that your judgment will not be clouded by your emotional attachment to a family member.

 

Now that Mom is all sewn up, can you send a claim to Medicare?

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Sep 19 2014

Understanding duty and liability when you are on-call: Avoiding minefields

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.

The following questions came from a hand surgeon. They address situations that might arise when he is on-call at his local community hospital. These questions encapsulate issues that may affect anyone who consults to emergency rooms.

Let’s have a look:

1. I am on-call for hand surgery. A patient comes to the ER for a hand issue that the ER either treats or stabilizes. The ER physician gives them my name for follow-up, but no appointment is made. No contact is made from the ER to me. What are my duties to the patient and my potential liabilities?

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4 responses so far

Sep 12 2014

Notes from a Plaintiff’s Attorney: Legal issues when dating patients

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.

Woody Allen notoriously maintained that “The heart wants what it wants.”

Mr. Allen thought that all that mattered when he married his daughter-in-law was his heart. But, from the standpoint of the public, the type of relationship sometimes matters as much as the bond between the two parties.

When there is a personal relationship between a doctor and a patient, society – in the form of state medical boards and the courts – will likely be in the bedroom as well.

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Sep 12 2014

Physician Report Cards: Can Chance Alone Make You Look Like a Killer

Published by under Healthcare Reform

In our data driven word, you know what’s around the corner. Report cards for doctors based on clinical outcomes. But, statistics is a funny thing. Michael Blastland, a journalist with BBC, made precisely this point with his Go Figure Chance Calculator.

 

His premise:

 

“Imagine you are a hospital doctor. Some patients die. But how many is too many before you or your hospital are labeled killers?”

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