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.
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.
My patient’s law firm sues over medical record copy fees. Can I win?
My patient’s law firm sues over medical record copy fees. Can I win?
A doctor is hit with a lawsuit for malpractice and a simultaneous suit for charging too much for copying records. What can he do?
I operated on the wrong ear
I operated on the wrong ear
Wrong-site surgeries do happen, but are preventable.
Did negligence cause patient’s death?
Did negligence cause patient’s death?
Immunosuppressed patient with recurrent squamous cell carcinoma succumbs to death. Was the dermatologist who did his skin evaluations negligent?
Moving to EMR and destroying written records: I just got sued
As clinicians transition from written to electronic medical records, special care must be taken to follow regulations for retention of records.
When can I accept a patient's gift?
When can I accept a patient's gift?
Dr. Goldberg discusses five patient gifting situations. Are any of these acceptable?
My patient with acne committed suicide
A doctor who prescribed oral retinoids to an acne patient is sued by the patient's family after the patient commits suicide. The doctor's career, practice, reputation and everything he holds dear are at risk simply because he tried to be a good doctor. Should he try to defend himself? Will he lose the case at trial?
I have been sued under the ADA
The Americans with Disabilities Act of 1990 (ADA) provides a general legal framework for access of individuals with disabilities to public places and also for accommodating employees with disabilities in the workplace. Although the ADA contains very specific guidance for physical accommodations, such as wheelchair access, it provides little guidance relevant to workers with conditions such as diabetes.
Did I commit battery? I did nothing wrong...
A doctor performing a cosmetic filler injection is sued for battery by a patient. Consent was obtained, no untoward event happened and there were no long-term complications.


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