Medical Liability Minute - podcast cover

Medical Liability Minute

Medical Justice and the Doctor Podcast Networkmedicaljustice.com
Jeffrey Segal, MD, JD, Michael Sacopulos, JD, and many guests summarize modern medico-legal threats to physicians.
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Episodes

EP 63: ”Hey, Doc - Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 2 of 2)

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 doma...

Sep 27, 202131 minEp. 60

EP 62: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 2)

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, t...

Sep 24, 202126 minEp. 72

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

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 doma...

Sep 20, 202133 minEp. 59

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

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, t...

Sep 17, 202120 minEp. 68

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

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 stil...

Sep 10, 202116 minEp. 65

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

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 stil...

Sep 03, 202122 minEp. 64

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

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: Th...

Sep 01, 202144 minEp. 58

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

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...

Aug 27, 202122 minEp. 63

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

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: Th...

Aug 25, 202133 minEp. 57

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

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...

Aug 20, 202127 minEp. 62

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

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...

Aug 18, 202148 minEp. 56

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

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.

Aug 13, 202136 minEp. 61

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

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...

Aug 11, 202139 minEp. 55

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

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.

Jul 30, 202128 minEp. 54

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

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 podca...

Jul 09, 202133 minEp. 53

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

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...

Jul 01, 202137 minEp. 52

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

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...

Jun 24, 202134 minEp. 51

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

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...

Jun 18, 202122 minEp. 50

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

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...

Jun 04, 202117 minEp. 49

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

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 priorit...

Jun 02, 202147 minEp. 48

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

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 mo...

May 21, 202122 minEp. 47

EP 45: $30 Million Judgment. Patient Deceased. Surgeon Unable to Be in Two Places at Once. (Part 1)

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 mo...

May 14, 202120 minEp. 46

EP 44: A Doctor's Trip to Cyber-Hell and Back: Surviving Ransomware and Data Breaches (Part 2)

Ransomware is a virtual pandemic. Doctors train their staff to filter suspicious messages and encrypt devices loaded with sensitive information. Despite these precautions, breaches are inevitable. Some cost doctors hundreds of dollars per patient. And breaches almost always impact large volumes of patients. With that in mind, overnight bankruptcy is not an exaggeration. Cyber liability coverage provides a cash cushion, and there are other best practices doctors MUST abide.

May 05, 202116 minEp. 45

EP 43: How Powerhouse Law Firm ByrdAdatto Protects Doctors with NO Hourly Billing (Part 2)

Michael Byrd and Brad Adatto are partners at the ByrdAdatto law firm. Medical Justice Founder and CEO, Dr. Jeff Segal, is also a partner. ByrdAdatto is a legal powerhouse in the healthcare niche. Michael and Brad understand doctors viscerally. Not only because of their training and client-base but because they are children of physicians. Today, we discuss what doctors need to know to protect themselves from expected and unexpected medico-legal mayhem - and why smart doctors with good intentions ...

Apr 28, 202132 minEp. 44

EP 42: How Powerhouse Law Firm ByrdAdatto Protects Doctors with NO Hourly Billing (Part 1)

Michael Byrd and Brad Adatto are partners at the ByrdAdatto law firm. ByrdAdatto is a legal powerhouse in the healthcare niche. Michael and Brad understand doctors viscerally. Not only because of their training and client-base but because they are children of physicians. Today, we discuss what doctors need to know to protect themselves from expected and unexpected medico-legal mayhem - and why smart doctors with good intentions end up in prison. Every doctor is exposed to different medico-legal ...

Apr 21, 202129 minEp. 43

EP 41: A Doctor's Trip to Cyber-Hell and Back: Surviving Ransomware and Data Breaches (Part 1)

Ransomware is a virtual pandemic. Doctors train their staff to filter suspicious messages and encrypt devices loaded with sensitive information. Despite these precautions, breaches are inevitable. Some cost doctors hundreds of dollars per patient. And breaches almost always impact large volumes of patients. With that in mind, overnight bankruptcy is not an exaggeration. Cyber liability coverage provides a cash cushion, and there are other best practices doctors MUST follow. Here’s what doctors n...

Apr 15, 202129 minEp. 42

EP 40: Former FBI Hostage Negotiator Teaches Prevention and Treatment of Clinical Violence in YOUR Medical Practice (Part 2)

Don Robinson is a retired FBI crisis negotiator. He knows conflict. The medical practice is no stranger to conflict (or violence), which is why every doctor MUST heed Don's wisdom. He's translated his experiences in counterterrorism, organized crime, and narcotics investigation into an invaluable, trainable skillset for doctors. His goal? Train doctors and their staff in the art of crisis management. Reducing clinical violence by even a modest percentage could save hospitals millions, reduce bur...

Apr 07, 202140 minEp. 41

EP 39: Former FBI Hostage Negotiator Teaches Prevention and Treatment of Clinical Violence in YOUR Medical Practice (Part 1)

Don Robinson is a retired FBI crisis negotiator. He knows conflict. The medical practice is no stranger to conflict (or violence), which is why every doctor MUST heed Don's wisdom. He's translated his experiences in counterterrorism, organized crime, and narcotics investigation into an invaluable, trainable skillset for doctors. His goal? Train doctors and their staff in the art of crisis management. Reducing clinical violence by even a modest percentage could save hospitals millions, reduce bur...

Mar 31, 202140 minEp. 39

EP 38: Doctor Indicted in Money Laundering Scheme Involving Non-Approved Drugs

Dr. Rahim Shafa and his office manager operated the Novel Psychopharmacology Clinic. They are both 62. And they were both indicted in an international money laundering scheme involving non-approved drugs. They have been accused of purchasing these substances from a vendor outside of the US, taking strategic measures to disguise the substances once they made it stateside. The indictment suggests they had been at it for at least 10 years. What possessed the couple to take such a risk so late into ...

Mar 25, 202131 minEp. 40

EP 37: Prescribing the Most Regulated Drug in America: Human Growth Hormone and the Law

Human growth hormone is considered the most regulated drug in the United States. Authorized uses are extremely limited - which is why it is critical doctors of all specialties understand when the drug can be prescribed and when it cannot. Doctors specializing in age medicine must pay especially close attention. The legal consequences of getting this wrong are severe. Bodybuilder and internationally recognized “steroid lawyer” Rick Collins, JD, is our guide on this whirlwind tour of this controve...

Mar 17, 202147 minEp. 38
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