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.



Nov 14 2014

Refusing to treat patients. When you want distance from a patient’s infection, morality, and politics. Part 1

Published by under Healthcare Reform

Can you refuse to treat a patient? The simple answer is “Yes – of course.” But, when it comes to the law, there are layers to that answer.

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Nov 14 2014

How to Avoid Being Burned as an Employer

Published by under Healthcare Reform

I’ve spoken with several doctors over the past couple of months. All were dragged into litigation related to their role as an employer. They were being sued by ex-employees. The allegations varied – sexual harassment; improper termination; discrimination.

 

In 2011, the Equal Employment Opportunity commission (EEOC) received over 100,000 charges of employment discrimination. The numbers go up every year.

 

Real world examples:

 

  • A former employee claims she was unfairly terminated due to religious discrimination and received $110,000 in back pay and compensatory damages.

 

Ouch.

 

Such cases generate expensive legal expenses, onerous settlements, and rotten publicity. Need I go on?

 

More troubling is that most general business liability policies do NOT cover the following:

  • Wrongful dismissal, termination, or discharge;
  • Failure or refusal to hire or promote
  • Sexual or other workplace harassment
  • Employment discrimination
  • Invasion of privacy
  • Employment related defamation
  • Retaliation

 

It’s difficult to keep up with the laundry list of federal and state regulations that address employee management. Just hiring a lawyer to defend a winnable case is not cheap.

 

So, what to do?

 

Consider purchasing Employment Practices Liability Insurance (EPLI). Many companies that sell worker’s comp insurance sell these policies. One such company is Hartford. The cost is quite reasonable. You want to purchase it before you need it. As someone said of a gun and parachute – if you don’t have it when you need it, you’ll probably never need it again.

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Nov 07 2014

What do you do when your patient is sporting a swastika tattoo?

Published by under Healthcare Reform

Any physician who has spent time taking care of trauma patients has been cursed at, spit at, and more. If you are a woman or member of racial or ethnic minority, some patients have belittled you. If you are from another country and speak with an accent, some patients have requested another doctor.

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Nov 07 2014

Not Your Everyday Informed Consent Issues

Published by under Healthcare Reform

It’s no secret that availability of organs for transplantation in the US pales in comparison to demand. Many die each year waiting for an organ. The systems that oversee transplantation define rules which allow one to “wait in line.” You get an organ based on the seriousness of your condition, your place in line, and whether you can persuade a living donor to participate. (For a living donor, this assumes it’s a “non-vital” organ – eg: one of the donor’s two kidneys, liver, etc. Obviously a living donor cannot donate his heart.)

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Oct 31 2014

What’s With the Epidemic of Whining?

Published by under Healthcare Reform

Watching the news, you’d think that US hospitals are being crushed by the weight of an Ebola epidemic. While Ebola poses a non-negligible risk, it pales in comparison to the epidemic of whining.

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Oct 31 2014

Ebola and Quarantine / Isolation Laws. What is the Government Allowed to Do?

Published by under Healthcare Reform

The Centers for Disease Control and Prevention (CDC) publishes a webpage which gives excellent summary information on government powers to enforce isolation and quarantine.

 

First, the definitions.

 

Isolation separates sick people with contagious disease from people who are not sick. Quarantine separates and restricts the movement of people exposed to contagious disease to determine if they become sick.

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