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David J. Goldberg, M.D., J.D.
Dr. Goldberg is Director of Skin Laser & Surgery Specialists of New York and New Jersey, Director of Mohs Surgery and laser research, Mt. Sinai School of Medicine, and Adjunct Professor of Law, Fordham Law School.
https://www.youtube.com/user/skinandlasers
My employee performed unauthorized procedures. Am I negligent
Unbeknownst to Dr. Derm is the fact that one of his medical assistants regularly performs cosmetic laser procedures, after hours, on his friends. Unfortunately, one of his friends had terrible complications.
Medspa management invite: Revenue boost or bust?
Dr. Poor is invited to oversee the aestheticians and electrologists of a new MedSpa and feels fortunate, as his revenues have been declining. However, investing, owning, or operating a medspa still means being aware of certain regulations.
I didn't ask about natural substance use. Am I liable?
Dr. Derm recently performed a fairly simple excision, discussed blood thinners, but failed to ask his patient about “natural” herbal intake. The patient did not take any prescription blood thinners, but did take high daily dosages of garlic and ginkgo. A lawsuit was brought against Dr. Derm. Can he really have liability for all the things people ingest these days?
Fractional resurfacing and the standard of care
It is important to note that where there are two or more recognized methods of diagnosing or treating the same condition, a physician does not fall below the standard of care by using any of the acceptable methods even if one method turns out to be less effective than another method.
Who gets sued: Managed care or me?
Much has been written and discussed over the last decade about accountability, particularly as it applies to the issue of liability for medical decision making in the care and treatment of healthcare plan enrollees and beneficiaries.
Am I liable for a glitch in my EHR system?
Although the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 authorized initial grants and incentives to promote “meaningful use” of electronic health records (EHRs) by providers, one of the potential risks that has not been given much discussion is the risk of medical malpractice liability.
Can I be sued for off-label use?
If a patient’s procedure uses a device that is not FDA-approved, or is FDA-approved for another purpose, or is experimental, must the patient be so advised by the physician to provide appropriate informed consent? Courts have wrestled with this matter in a number of legal opinions.
When is physician health disclosure required for informed consent?
Should dermatologists be required to disclose matters of personal health, especially if matters related to physician health may increase the risk of harm to a patient?
Informed consent Is evolving: Now what?
Dr. Surgery undertook a weekend blepharoplasty course at a well-respected, nationally recognized occuloplastic surgery program. He has since performed three procedures. Dr. Surgery covered the risks with his patients and received both oral and written consent. His third patient unfortunately suffers the rare complication of retrobulbar hematoma and blindness and sues. Should he be concerned?
Undue Influence and the State Board of Medical Examiners
Do anonymous patient feedback systems create a situation of undue influence?

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