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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
Top 5 legal questions
As the field of medicine becomes more complex, so do the legal questions that can mean the difference between a lawsuit with a positive result and one with a negative result. Dr. Goldberg looks at 5 potential situations and offers his advice.
My patient is threatening me. What can I do?
Dr. Nice performed a series of IPL procedures on a male patient for facial redness. With each subsequent treatment, the patient became increasingly unhappy and belligerent. The patient demanded a refund saying Dr. Nice's family and staff would regret it if one was not provided. What can he do?
Creative marketing or deceptive advertising?
Dr. Ad employs a variety of advertising methods to grow his practice. Two years ago, he ran an ad that said prolonged use of his $1,000/tube facial cream would negate a need for a facelift. Now he is facing a complaint by a patient who bought 20 tubes and saw no improvement over the course of a year. Dr. Ad claims that his marketing was harmless and no different than most other ads. Is he in trouble?
I prescribe compounded medications. Can I be sued?
Dr. Skin has a large dermatology practice and treats a variety of medical and cosmetic conditions. He has studied and lectured extensively on the topic of rosacea. He understands much of the pathophysiology of rosacea. He begins to use a copycat version of a compounded topical, which he has been able to get at a discounted rate. Unfortunately several patients have severe reactions, and he is soon the recipient of multiple medical malpractice lawsuits. Has he done anything wrong?
Can a mistake lead to medical license revocation?
Dr. Mistake was a well-respected dermatologist who was liked by both his patients and his peers. It was a well-known fact that he had been through a difficult divorce, which he openly discussed with patients and peers. During one exam, a regular patient was certain that she was touched inappropriately. Dr. Mistake admitted that he had been inappropriate, apologized, and asked her to recognize the difficulties that his failed marriage had presented to him. Can he lose his medical license?
Melanoma and the wrong site
Wrong-site surgeries are preventable. In this article, Dr. Goldberg outlines a few measures.
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.

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