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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.
Undue Influence and the State Board of Medical Examiners
Do anonymous patient feedback systems create a situation of undue influence?
Biologics, acetaminophen and the multimillion-dollar lawsuit
Are doctors liable when patients combine acetaminophen with biologic medications used to treat psoriasis?
Was there fraudulent coding just because I used a novel treatment approach?
How does the standard of care relate to medical coding?
A simple complication, a massive lawsuit
Legal arguments can be based on foreseeable complications, even when physicians are safety conscious.
Are covering residents negligent for missing complications?
Liability of physicians depends on whether the trainee physician is an agent of the supervising physician
I charge more for some patients, now a patient is suing me
I charge more for some patients, now a patient is suing me
The legality of pricing disparity between insured and uninsured patients is decided on a state-by-state basis. Be aware that differential billing policies can violate state consumer protection statutes.
My patient has destroyed my reputation with online reviews
My patient has destroyed my reputation with online reviews
When online reviews can be falsified—and even the true ones are loose cannons—how can physicians protect themselves?
Did I violate the Stark Statute?
The essence of the Stark statute is a prohibition on a physician (or immediate family member) referring a Medicare patient to an entity with which the physician or family member has a financial relationship, when the referral is for any of a targeted list of “designated health services” (DHS), unless the financial relationship meets one of a host of exceptions. For dermatology, the primary impact of this law is on relationships between dermatology practices and dermatopathologists. Because clinical laboratory services are on the DHS list, the complexities are considerable.
I used an FDA approved product off-label, now I have been sued
A doctor uses hyaluronic acid fillers on his aging patient's hands. His patient suffers complications and sues for medical malpractice, alleging that the doctor used the product for a non-FDA approved purpose.


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