Medical Liability Minute

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Jeffrey Segal, MD, JD, and Michael Sacopulos, JD, summarize modern medico-legal threats to physicians in 15 minutes or less. Opening and closing music written and produced by Grammy award winning artists: Lili Haydn and Itai Disraeli (performed by The Service Cats).

Medical Justice


    • Mar 8, 2023 LATEST EPISODE
    • every other week NEW EPISODES
    • 35m AVG DURATION
    • 96 EPISODES


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    Latest episodes from Medical Liability Minute

    EP 94: Surgeon Unmasks the Unmaskable Defamatory Reviewer - How She Did It (Part 2)

    Play Episode Listen Later Mar 8, 2023 37:09


    Dr. Susan Schroeder is an extremely talented dermatological surgeon. She's been in practice for over two decades. She's treated thousands of patients. In the mid-2000s, she noticed an abnormally large number of negative reviews. She suspected foul play and spearheaded an investigation. Over the course of several years, she slowly unmasked the malicious entities responsible for the damaging reviews. Her success bucks the trend. Doctors who attempt to use the law to uncover these defamatory entities often lose, and lose big. How did she do it, and what were the final outcomes? Our two-part podcast has the details...

    EP 93: Surgeon Unmasks the Unmaskable Defamatory Reviewer - How She Did It (Part 1)

    Play Episode Listen Later Mar 8, 2023 36:04


    Dr. Susan Schroeder is an extremely talented dermatological surgeon. She's been in practice for over two decades. She's treated thousands of patients. In the mid-2000s, she noticed an abnormally large number of negative reviews. She suspected foul play and spearheaded an investigation. Over the course of several years, she slowly unmasked the malicious entities responsible for the damaging reviews. Her success bucks the trend. Doctors who attempt to use the law to uncover these defamatory entities often lose, and lose big. How did she do it, and what were the final outcomes? Our two-part podcast has the details...

    EP 92: Raving Patients and Reputation Marketing with Dr. Len Tau (Part 2)

    Play Episode Listen Later Feb 22, 2023 34:47


    Chosen as one of the top leaders in dental consulting by Dentistry Today, Len Tau, DMD, has dedicated his professional life to improving dentistry for patients and other dentists. After purchasing his practice, the Pennsylvania Center for Dental Excellence in Philadelphia in 2007, Len practiced full-time while consulting with other dental practices, training thousands of dentists about reputation marketing, leading the dental division of BirdEye, a reputation marketing platform, and hosting the popular Raving Patients podcast. He recently authored the book Raving Patients and 100+ Tips to 100 5-Star Reviews in 100 Days released in March 2022. Len lectures nationally and internationally on using internet marketing, social media, and reputation marketing to make dental offices more visible and credible as well as how to increase their case acceptance.

    tips patients chosen raving dmd birdeye dentistry today reputation marketing pennsylvania center
    EP 91: Raving Patients and Reputation Marketing with Dr. Len Tau (Part 1)

    Play Episode Listen Later Feb 22, 2023 31:36


    Chosen as one of the top leaders in dental consulting by Dentistry Today, Len Tau, DMD, has dedicated his professional life to improving dentistry for patients and other dentists. After purchasing his practice, the Pennsylvania Center for Dental Excellence in Philadelphia in 2007, Len practiced full-time while consulting with other dental practices, training thousands of dentists about reputation marketing, leading the dental division of BirdEye, a reputation marketing platform, and hosting the popular Raving Patients podcast. He recently authored the book Raving Patients and 100+ Tips to 100 5-Star Reviews in 100 Days released in March 2022. Len lectures nationally and internationally on using internet marketing, social media, and reputation marketing to make dental offices more visible and credible as well as how to increase their case acceptance.  Dr. Tau and Dr. Segal discuss reputation marketing best practices specific to dentists - but the take-home points resonate with all healthcare professionals. Join us.

    tips patients chosen segal tau raving dmd birdeye dentistry today reputation marketing pennsylvania center
    EP 88: Prescribing Testosterone and Other Controlled Substances Without Getting Blown Up (Part 2 of 2)

    Play Episode Listen Later Dec 28, 2022 31:42


    There are medical reasons for prescribing testosterone, and there are ways doctors can prescribe it to patients in need while mitigating risk. How? Enter Mr. Rick Collins, JD. Mr. Collins is an esteemed legal authority in the field of many controlled substances - including testosterone. Dr. Jeff Segal and Mr. Collins discuss at length how to safely prescribe testosterone, the implications of marketing the substance, and how to occupy the interstice of what a patient wants and what the law allows.

    EP 87: Prescribing Testosterone and Other Controlled Substances Without Getting Blown Up (Part 1 of 2)

    Play Episode Listen Later Dec 22, 2022 32:21


    There are medical reasons for prescribing testosterone, and there are ways doctors can prescribe it to patients in need while mitigating risk. How? Enter Mr. Rick Collins, JD. Mr. Collins is an esteemed legal authority in the field of many controlled substances - including testosterone. Dr. Jeff Segal and Mr. Collins discuss at length how to safely prescribe testosterone, the implications of marketing the substance, and how to occupy the interstice of what a patient wants and what the law allows.

    EP 86: Surviving Board Issues from Hell (Part 2 of 2)

    Play Episode Listen Later Nov 9, 2022 47:40


    Medical board issues top the list of threats doctors fear the most, and for good reason. Not many of us know what to do or who to contact when the Board comes knocking - but best practices do exist. And it's important doctors take these issues seriously, even if the threats themselves come from a meritless source. Doctors need expert guidance no matter what. Enter James McClendon, JD. Mr. McClendon is a Partner at Husch Blackwell and an expert at addressing Board issues of all kinds. He helps doctors survive high-stakes conflicts and come out on top. Medical Justice and Mr. McClendon speak at length about what doctors can do to increase their odds in the event a confrontation with the Board is inevitable. Our podcast has the details...

    EP 85: Surviving Board Issues from Hell (Part 1 of 2)

    Play Episode Listen Later Nov 2, 2022 48:06


    Medical board issues top the list of threats doctors fear the most, and for good reason. Not many of us know what to do or who to contact when the Board comes knocking - but best practices do exist. And it's important doctors take these issues seriously, even if the threats themselves come from a meritless source. Doctors need expert guidance no matter what. Enter James McClendon, JD. Mr. McClendon is a Partner at Husch Blackwell and an expert at addressing Board issues of all kinds. He helps doctors survive high-stakes conflicts and come out on top. Medical Justice and Mr. McClendon speak at length about what doctors can do to increase their odds in the event a confrontation with the Board is inevitable. Our podcast has the details...

    EP 84: The Ideal Screening Tool for Body Dysmorphic Disorder: Ounce of Prevention Worth Pounds of Cure (Part 2 of 2)

    Play Episode Listen Later Oct 12, 2022 31:58


    It's not uncommon for clients to call us with a patient conflict and tell us the following: "I performed a perfect procedure and the patient is still livid. What did I do wrong?" The problem may not have been the procedure - it's possible the patient was not a good fit for the procedure in the first place. Here's what we mean: A patient suffering from a condition like body dysmorphic disorder will likely never be satisfied. Patients suffering from these conditions generally need a referral to a provider who specializes in treating such individuals. How do you broach the subject? How can you screen prospective patients for these challenges BEFORE you assume ownership of their care? Leslie Fletcher, NP-BC, is a highly respected aesthetic nurse injector who has worked since 2001 with world-renowned, celebrity dermatologists and plastic surgeons. Leslie has trained over 6,000 providers and is a master at addressing and resolving patient conflicts specific to the medispa space. Medical Justice and Leslie Fletcher, NP-BC, discuss in detail how surgeons can screen prospective patients for these conditions before treatment starts - increasing the likelihood the patient is a good fit for your practice and minimizing the risk of patient conflict. Our podcast has the details...

    EP 83: When Perfection Isn't Good Enough - Plastic Surgery and Body Dysmorphic Disorder (Part 1 of 2)

    Play Episode Listen Later Oct 5, 2022 31:49


    It's not uncommon for clients to call us with a patient conflict and tell us the following: "I performed a perfect procedure and the patient is still livid. What did I do wrong?" The problem may not have been the procedure - it's possible the patient was not a good fit for the procedure in the first place. Here's what we mean: A patient suffering from a condition like body dysmorphic disorder will likely never be satisfied. Patients suffering from these conditions generally need a referral to a provider who specializes in treating such individuals. How do you broach the subject? How can you screen prospective patients for these challenges BEFORE you assume ownership of their care? Leslie Fletcher, NP-BC, is a highly respected aesthetic nurse injector who has worked since 2001 with world-renowned, celebrity dermatologists and plastic surgeons. Leslie has trained over 6,000 providers and is a master at addressing and resolving patient conflicts specific to the medispa space. Medical Justice and Leslie Fletcher, NP-BC, discuss in detail how surgeons can screen prospective patients for these conditions before treatment starts - increasing the likelihood the patient is a good fit for your practice and minimizing the risk of patient conflict. Our podcast has the details...

    EP 82: Doctors, Data Theft, and Cyber Liability Protection (Part 2 of 2)

    Play Episode Listen Later Sep 14, 2022 34:34


    Ten years ago, no one talked about cyber liability insurance. That's changed. So has the world. The laundry list of cyber security threats that COULD disrupt a doctor's practice is growing. Doctors need an expert who can help them prioritize the risks specific to their practice and act accordingly - BEFORE it's too late. Enter Teddy Gillen. Teddy and Dr. Segal discuss how doctors can survive cyber attacks like ransomware, data theft, and more. Our podcast has the details...

    EP 81: Doctors, Data Theft, and Cyber Liability Protection (Part 1 of 2)

    Play Episode Listen Later Sep 7, 2022 33:40


    Ten years ago, no one talked about cyber liability insurance. That's changed. So has the world. The laundry list of cyber security threats that COULD disrupt a doctor's practice is growing. Doctors need an expert who can help them prioritize the risks specific to their practice and act accordingly - BEFORE it's too late. Enter Teddy Gillen. Teddy and Dr. Segal discuss how doctors can survive cyber attacks like ransomware, data theft, and more. Our podcast has the details...

    EP 82: Charting the Healthcare Professional's Path to Wealth (Part 2)

    Play Episode Listen Later Aug 31, 2022 36:53


    Healthcare professionals possess high-earning potential. That's not news. But their path to wealth is different. That's why it's critical they consult with experts. Ideally, seasoned pros with a visceral understanding of both medicine and finance.   We've collaborated with our colleagues at Medical Justice to deliver those insights to you via their podcast, the Medical Liability Minute.   Medical Justice Founder and CEO, Dr. Jeff Segal, and Mr. Jefferey Taxman, the principal of Physicians Financial Services, discuss blueprints for achieving wealth in a special two-part podcast. This is a whirlwind tour. Dr. Segal and Mr. Taxman outline the paths to wealth that will help you thrive - and how to avoid the pitfalls that create havoc. Your wealth (and the financial security of those who count on you) is invaluable. Our collaborative podcast dispenses pearls of wisdom that pay dividends.

    EP 80: The Radonda Vaught Verdict from a Nurse's Perspective (Part 2 of 2)

    Play Episode Listen Later Aug 31, 2022 48:34


    RaDonda Vaught worked as a nurse at the Vanderbilt University Medical Center between 2015 and January 2018. If you follow medical news outlets, you are likely familiar with Vaught's case. She mistakenly injected a patient with a paralytic agent, killing her. Healthcare professionals are concerned her case could set a precedent for criminalizing medical errors. Will it? Tina Vinsant is a registered nurse with a BSN from Lincoln Memorial University in East Tennessee. Tina has been a nurse for six years. She worked for four and a half years in a Progressive Care Unit at the region's only level one trauma center. She worked as a team leader in this PCU as a certified Progressive Critical Care Nurse for over a year. She has since moved to the Cardiovascular Intensive Care Unit and is now a certified Critical Care Registered Nurse. Tina also operates her own podcast, Good Nurse, Bad Nurse. Medical Justice speaks with Tina at length about Vaught's case, outcomes, and sentencing. The Vaught case will impact ALL healthcare professionals. During these events, a nurse's perspective is invaluable. Our podcast has the details...

    EP 80: Charting the Healthcare Professional's Path to Wealth (Part 1)

    Play Episode Listen Later Aug 26, 2022 31:56


    Healthcare professionals possess high-earning potential. That's not news. But their path to wealth is different. That's why it's critical they consult with experts. Ideally, seasoned pros with a visceral understanding of both medicine and finance.   We've collaborated with our colleagues at Medical Justice to deliver those insights to you via their podcast, the Medical Liability Minute.   Medical Justice Founder and CEO, Dr. Jeff Segal, and Mr. Jefferey Taxman, the principal of Physicians Financial Services, discuss blueprints for achieving wealth in a special two-part podcast. This is a whirlwind tour. Dr. Segal and Mr. Taxman outline the paths to wealth that will help you thrive - and how to avoid the pitfalls that create havoc. Your wealth (and the financial security of those who count on you) is invaluable. Our collaborative podcast dispenses pearls of wisdom that pay dividends.

    EP 79: The Radonda Vaught Verdict from a Nurse's Perspective (Part 1 of 2)

    Play Episode Listen Later Aug 24, 2022 35:27


    RaDonda Vaught worked as a nurse at the Vanderbilt University Medical Center between 2015 and January 2018. If you follow medical news outlets, you are likely familiar with Vaught's case. She mistakenly injected a patient with a paralytic agent, killing her. Healthcare professionals are concerned her case could set a precedent for criminalizing medical errors. Will it? Tina Vinsant is a registered nurse with a BSN from Lincoln Memorial University in East Tennessee. Tina has been a nurse for six years. She worked for four and a half years in a Progressive Care Unit at the region's only level one trauma center. She worked as a team leader in this PCU as a certified Progressive Critical Care Nurse for over a year. She has since moved to the Cardiovascular Intensive Care Unit and is now a certified Critical Care Registered Nurse. Tina also operates her own podcast, Good Nurse, Bad Nurse. Medical Justice speaks with Tina at length about Vaught's case, outcomes, and sentencing. The Vaught case will impact ALL healthcare professionals. During these events, a nurse's perspective is invaluable. Our podcast has the details...

    EP 77: Bad News, Wrong Man. Patient‘s Prostate Removed by Mistake.

    Play Episode Listen Later Jul 13, 2022 28:29


    Eric Spang underwent a routine prostate examination in late-2020. His blood test revealed elevated levels of a prostate-specific antigen (PSA). This sometimes indicates the presence of prostate cancer. He underwent a biopsy to confirm. When his biopsy came back apparently positive, Mr. Spang and his wife discussed his options and his doctor. After seeking a second opinion, surgeons removed Mr. Spang's prostate, believing the procedure would save his life. It wasn't until the procedure concluded that the surgeons realized the mistake. Mr. Spang did not have prostate cancer...

    EP 78: Delayed Melanoma Diagnosis Dooms Patient - Or Does It? The Wonky World of Loss of Chance.

    Play Episode Listen Later Jul 12, 2022 28:17


    The patient/plaintiff was a 78-year-old man. Doctors identified and removed what they believed was a basal cell carcinoma on his arm. Turns out, it was melanoma. When the patient was eventually diagnosed with melanoma, the disease was advanced. The plaintiff's attorney argued that the initial misdiagnosis damaged his client's chances of survival. But did it? There's a legal theory called "loss of chance." The idea is that when a patient has a horrible prognosis, doctors aren't always liable for a bad outcome. But details matter. Here's what doctors need to know...

    EP 76: Pandemic Violence, Produce Sabotage, Physician Infighting in Idaho. The COVID Half-Hour.

    Play Episode Listen Later May 26, 2022 28:44


    The pandemic has spawned numberless medico-legal challenges. We bring three of the most interesting to your attention. A Texas man staunchly opposed to vaccination threatens a Maryland doctor with violence. Another man in his 40s falsely claims he paid a friend suffering from COVID to visit a local grocery store and lick produce. An Idaho medical association wages war against one of its own leaders when he publically advocates prescribing Ivermectin to treat COVID. Only in the midst of a pandemic do these events make even a little sense.

    EP 75: Fertility Specialist Impregnates Multiple Patients with His Own Sperm and Examines His Own Daughter - 30 Years Later...

    Play Episode Listen Later May 4, 2022 25:56


    The defendant practiced as a fertility specialist in the 1980s. Several of his patients were told they would receive sperm samples donated by medical students. The lawsuit alleges he skirted this detail, substituting his own sperm. He impregnated multiple women. Flash forward to the late 2010s - a young woman in her 30s is examined by the defendant. This woman is the man's biological daughter. When this woman investigated her own genetic heritage, she learned the truth...

    EP 73: Doctor Sexually Assaults Veteran Patient.

    Play Episode Listen Later Mar 23, 2022 25:14


    The plaintiff is an Iraq war veteran. The doctor was treating injuries he suffered during combat. The doctor is accused of inappropriately touching the patient's genitalia during treatment - and then withholding the patient's prescription unless he allowed the doctor to inappropriately touch him. The result: A bench trial. The patient received a $1.5 million settlement. It's important we discuss how we can protect ourselves, our colleagues, and our patients from this kind of horrific behavior.

    EP 72: Surgeon Vs. Surgeon: Noncompete Violation. Borrowed Prescription Ledger. Messy Lawsuit.

    Play Episode Listen Later Mar 9, 2022 34:48


    We return to the state of Florida, and its surgeon vs. surgeon. The defendant signed a non-compete contract with his former employer. He allegedly departed the practice and set up shop next door – violating his non-compete agreement. It gets juicier – the departing surgeon allegedly told patients he still worked for his former employer. He may have also used a prescription ledger from his previous employer. This case is messy. Our podcast has the details…

    EP 71: 5 Year-Old Patient. Misdiagnosis. Catastrophic Stroke.

    Play Episode Listen Later Feb 9, 2022 29:37


    A five-year-old child presented at the ER with difficult symptoms. The child was seen by a physician's assistant - not an MD. The physician's assistant tested the child for strep throat, based on the child's symptoms. The test returned positive. The child was prescribed medication and sent home. A few hours later, the child suffered a massive stroke. The child is now bound to a wheelchair and requires a life-care plan. How did this happen? And what can we learn?

    EP 70: Pharmacy Refuses to Fill (Then Confiscates) Valid Opioid Prescription. Lawsuit Ensues.

    Play Episode Listen Later Jan 19, 2022 28:10


    The patient, who became the plaintiff, suffered from a defective hip replacement. He needed medication to manage his pain. He tried to fill his prescription at a local pharmacy. The pharmacist believed the man was pill-seeking and turned him away. The patient called his doctor, who told the pharmacist the prescription was legitimate. The pharmacist still refused to fill the order. Worse, they confiscated the man's prescription. Cue opioid withdrawal. What happened?

    Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 2 of 2)

    Play Episode Listen Later Oct 27, 2021 39:33


    Why do certain doctors attract a disproportionate amount of malpractice claims? It's complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there's a crisis. Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents. We spoke to Dr. Hickson at length. Listeners can learn more about the CPPA by visiting the links below. Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home Twitter: VUMC_CPPA

    Fewer Malpractice Claims, Safer Medicine, Happier Doctors. We Share Vanderbilt‘s Secret Sauce. (Part 1 of 2)

    Play Episode Listen Later Oct 20, 2021 35:54


    Why do certain doctors attract a disproportionate amount of malpractice claims? It's complicated, but the answers are out there. And with the right data and support, high-risk doctors can identify what puts them at risk and course-correct before there's a crisis. Dr. Gerald B. Hickson is the Founding Director of the Center for Patient and Professional Advocacy (CPPA) at Vanderbilt University Medical Center. Dr. Hickson and the CPPA have worked tirelessly to support high-risk physicians. Dr. Hickson and his colleagues at Vanderbilt created the CPPA to make medicine kinder, safe, and more reliable for doctors and patients. Preeminent education and research are powerful crisis deterrents. We spoke to Dr. Hickson at length. Listeners can learn more about the CPPA by visiting the links below. Website: https://www.vumc.org/patient-professional-advocacy/vumc-cppa-home Twitter: VUMC_CPPA

    EP 63: How a 21st Century Answering Service Immunizes Practices from a Surprisingly Common Source of Litigation. The After-Hours “He-Said She-Said.”

    Play Episode Listen Later Oct 15, 2021 54:43


    We cannot count the number of times a doctor has called us and said: “If I only had a recording of my conversation with the patient, my case would have been dropped instantly.” During a medico-legal crisis, solid evidence can save a doctor from a disruptive, expensive, drag-out knock-down lawsuit. We spoke at length with Dr. Michael Nusbaum, co-founder of MedXCom. MedXCom provides doctors with a simple, reliable, HIPAA-compliant means of storing and retrieving conversations with their patients for 23 years. The technology makes patient-to-doctor communication easier, more secure, and lower-risk. MedXCom is more than just an automated answering service – if you are sued, its technology can save you. When you are ready to protect your practice and start using MedXCom, please register here: https://medx.com/medjust/   Visit MedXCom to learn more and select your plan today. When you register,  please be sure to select Medical Justice under “Are you a member of any of the following Medical Associations?” The Authorization Code is 2021.

    The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 2 of 2)

    Play Episode Listen Later Oct 13, 2021 21:55


    There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American's with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they'll be sued for frivolous ADA challenges - and what do to in the event they are sued. Mr. Pujji's wisdom is invaluable - every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 

    The Legal Scourge Taking a Bite Out of Doctors: Websites Triggering ADA Lawsuits (Part 1 of 2)

    Play Episode Listen Later Oct 6, 2021 31:30


    There is a scourge taking a bite out of West Coast physicians. What kind of scourge? A legal scourge. Doctors of all specialties (but especially those in cash-pay specialties) have been targeted by frivolous lawsuits specific to website accessibility and the American's with Disabilities Act (ADA). Thankfully, remedies exist. We spoke with Mr. Nick Pujji, of the Dentons Law Firm, at length about this topic. We discuss how doctors can reduce the risk they'll be sued for frivolous ADA challenges - and what do to in the event they are sued. Mr. Pujji's wisdom is invaluable - every doctor NEEDS to protect their practice BEFORE they sued. Our podcast has the details. 

    Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 3)

    Play Episode Listen Later Sep 30, 2021 26:27


    In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair. The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice's negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered - meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.

    EP 62: ”Hey, Doc - Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 2 of 2)

    Play Episode Listen Later Sep 27, 2021 30:50


    Doctors sometimes receive this warning: "Prepare to be sued for copyright infringement." They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.

    Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 2)

    Play Episode Listen Later Sep 24, 2021 26:00


    In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair. The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice's negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered - meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.

    EP 61: ”Hey, Doc - Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 1 of 2)

    Play Episode Listen Later Sep 20, 2021 33:05


    Doctors sometimes receive this warning: "Prepare to be sued for copyright infringement." They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.

    EP 60: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 1)

    Play Episode Listen Later Sep 17, 2021 19:59


    In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair. The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice's negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered - meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.

    EP 59: Hypertensive Patient Receives Facelift, Bleeds Post-Op, Sues Surgeon After 18 Day Hospital Stint. Surgeon Prevails. (Part 2 of 2)

    Play Episode Listen Later Sep 10, 2021 15:50


    A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are still lessons to be learned. Our podcast has the details.

    EP 58: Hypertensive Patient Receives Facelift, Bleeds Post-Op, Sues Surgeon After 18 Day Hospital Stint. Surgeon Prevails. (Part 1 of 2)

    Play Episode Listen Later Sep 3, 2021 22:19


    A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are still lessons to be learned. Our podcast has the details.

    EP 58: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 2)

    Play Episode Listen Later Sep 1, 2021 44:20


    Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving - but it wasn't easy. She went to court in 2011. A defense verdict was delivered - and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.

    Patient Shot in the Back, Advised to Have Surgery, Refuses, then Sues. (Part 2 of 2)

    Play Episode Listen Later Aug 27, 2021 21:35


    A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An interesting way of expressing gratitude. Our podcast has the details...

    EP 56: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 1)

    Play Episode Listen Later Aug 25, 2021 33:29


    Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving - but it wasn't easy. She went to court in 2011. A defense verdict was delivered - and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.

    EP 57: Patient Shot in the Back, Advised to Have Surgery, Refuses, then Sues. (Part 1 of 2)

    Play Episode Listen Later Aug 20, 2021 26:45


    A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An interesting way of expressing gratitude. Our podcast has the details...

    EP 55: It's All in the Delivery: Breaking Bad News to Patients - How To Do It (Part 2)

    Play Episode Listen Later Aug 18, 2021 48:16


    No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations: Lessons I Learned as an ICU Physician, on his website, The Orsini Way. Contact Dr. Orsini via his website, The Orsini Way, or via email at drorsini@theorsiniway.com.

    EP 56: Abandoned Sponge. Amputated Leg. $10.5 Million Settlement.

    Play Episode Listen Later Aug 13, 2021 36:19


    A large sponge was left inside of a patient's abdomen following a procedure. The routine "lunch sponge count" never took place. The eroding sponge remained undetected for several years until a cascade of health issues put the patient back in the hospital. The patient's leg was soon amputated, and a $10.5 million settlement followed. How did this happen? Our podcast has the details.

    EP 54: It's All in the Delivery: Breaking Bad News to Patients - How To Do It (Part 1)

    Play Episode Listen Later Aug 11, 2021 39:22


    No one likes delivering bad news. But delivering bad news is a reality most doctors must navigate every day. Doctors who learn to do it well can carry patients through the most difficult days of their lives. Doctors who do it poorly wreak havoc. Dr. Anthony Orsini, an experienced neonatologist and creator of The Orsini Way, has mastered the art of delivering bad news. We spoke to Dr. Orsini at length. His insights are invaluable. Dr. Orsini hosts his own podcast, Difficult Conversations: Lessons I Learned as an ICU Physician, on his website, The Orsini Way. Contact Dr. Orsini via his website, The Orsini Way, or via email at drorsini@theorsiniway.com.

    EP 53: Anonymous Major League Pitcher versus Anonymous Surgeon. $5 Million Settlement. Surgeon on Phone in OR.

    Play Episode Listen Later Jul 30, 2021 28:21


    The plaintiff underwent spine surgery to relieve chronic back pain. In the days following the procedure, the plaintiff's wound began leaking spinal fluid. Investigation revealed a stray shard of bone was the culprit. The twist: The plaintiff alleged the surgeon was distracted during the procedure, texting his colleagues and booking future cases while operating. But is there more to this story? Our podcast has the details.

    EP 52: Padding Test Results. $3 Million Verdict. What Was He Thinking?

    Play Episode Listen Later Jul 9, 2021 32:46


    A nine-year-old child was referred to a neurologist. The neurologist diagnosed the child with epilepsy and prescribed medication. When the child's condition failed to improve, the mother investigated. She eventually filed a lawsuit, alleging the doctor INTENTIONALLY MISDIAGNOSED her child (and many others) so that he could collect substantial kickbacks from his hospital. We have the details. Here's what doctors need to know. This episode of our podcast is sponsored by Errin Weisman and her podcast, Doctor Me First. Listen to Doctor Me First on your favorite podcast app, or by visiting her website, https://www.doctormefirst.com/. You can also find Errin and Doctor Me First at doctorpodcastnetwork.com/doctormefirst.

    EP 51: Lawsuit Tsunami: Understanding the ADA So YOU Don't Get Sued (Part 2)

    Play Episode Listen Later Jul 1, 2021 37:07


    Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly - his insights are invaluable. Here's what doctors need to know...

    EP 50: Lawsuit Tsunami: Understanding the ADA So YOU Don't Get Sued (Part 1)

    Play Episode Listen Later Jun 24, 2021 34:09


    Website accessibility lawsuits against medical clinics large and small are exploding. According to one 2020 study, as many as 98% of clinics may be vulnerable to financial loss. It is critical doctors understand the Americans with Disabilities Act. Bill Goren, JD, is THE ADA expert. We spoke with Bill directly - his insights are invaluable. Here's what doctors need to know...

    EP 49: Hospital Blasted with $80K Penalty for Dragging Its Heels in Releasing Records (Part 2)

    Play Episode Listen Later Jun 18, 2021 22:02


      Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It's the law. Most practices do so in a timely manner - but the penalty for dragging your feet was minor. That's changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here's how YOU can avoid getting blasted...  

    EP 48: Hospital Blasted with $80K Penalty for Dragging Its Heels in Releasing Records (Part 1)

    Play Episode Listen Later Jun 4, 2021 16:30


      Most practices dispense medical records on auto-pilot. A patient requests them, the practice delivers. It's the law. Most practices do so in a timely manner - but the penalty for dragging your feet was minor. That's changed. In 2019, two entities were blasted with an $80,000 penalty for failing to release these records quickly. Factoring in the cost of attorneys, that number easily inflated to six figures. Here's how YOU can avoid getting blasted...  

    EP 47: The New Business Intelligence Platform Changing The Way Aesthetic Practices Do Business

    Play Episode Listen Later Jun 2, 2021 47:02


    Terri Ross is a world-renowned aesthetic consultant. She understands the business side of medicine viscerally – she's lived in that world for 15+ years. And as an aesthetic consultant, her financial health is tied directly to the financial health of her clients, so she's got only one option: See that her clients excel. Terri and her team at APX examine the overall health of a practice, identify where practices are making money, where they are losing money, and what changes practices must prioritize to grow. The path to growth is rarely obvious – which is why Terri's skill set is invaluable. On this episode of our podcast, Terri translates her years of experience into actionable insights every aesthetic practice must-hear.

    EP 46: $30 Million Judgment. Patient Deceased. Surgeon Unable to Be in Two Places at Once. (Part 2)

    Play Episode Listen Later May 21, 2021 22:19


    The defendant surgeon was on-call. A patient with a gunshot wound to the liver was rushed to the hospital. The defendant was in the middle of an elective hernia procedure and could not treat the wounded patient. When the surgeon finished his first elective case, he began another scheduled elective procedure. When contacted by the hospital staff, the surgeon suggested they find someone else to perform the surgery. The injured patient died. The payout? $30 million. How did this happen? Is there more to this story?

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