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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.
My Actions Were Innocuous. Did I Commit Fraud?
Dr. Derm takes the advice of her new insurance/billing specialist to upcode her services to improve her reimbursements. She is still charging the same $45 fee. Is this fraud?
Can I be sued for asking a patient if he owns a gun?
Dr. Skin has become increasingly concerned about the number of school shootings in the United States. He has established an office policy that has his staff asking patients if they own a gun. If they do, they are not allowed to bring the weapon to the office. He has recently been sued by a patient for simply asking the question “Do you own a gun?”.
Can I fire an employee charged with domestic abuse?
There is no cut-and-dried correct response to firing an employee charged with domestic abuse, but, there are a number of factors dermatologists should first take into consideration before taking any adverse employment actions against workers embroiled in domestic violence disputes.
Patient sues over medical record copy fees
A dermatology office being sued by a patient is asked by the patient's legal office for the patient's records. The dermatologists request a $3 per page fee for the 433-page document spanning 12 years of care and submit a bill for $1,299. The law firm sues the doctors for for excessive fees for copies of their medical records. What do the courts decide?
Can my text to a parent lead to a HIPAA violation?
Texting has become so popular because it is instantaneous, convenient and direct. Without appropriate safeguards, though, texting can lead to violations of the Health Insurance Portability and Accountability Act (HIPAA).
My ‘medical technicians’ are unlicensed. What is my crime?
In a dermatology practice, three medical technicians are served legal papers for practicing medicine without a license, and the dermatologist is accused of aiding and abetting the practice of medicine without a license. Such a crime is a felony in his state and could force Dr. M to lose his medical license.
Teledermatology fraught with liability issues
Telemedicine is a term that covers any use of electronic communication technology to convey medical information. It can be as basic as seeking a consultation or as advanced as robotic surgery. Teledermatology can be practiced in the role of a consultant or as a seeker of consultation. However, this practice is fraught with liability issues.
Fleshing out the physician-patient relationship in a virtual world
Dr. B. generates a flood of new patients through a newly designed, interactive website. Although very careful not to “practice medicine” on the Web, he offers one patient extensive advice about the pros and cons of the rosacea treatments she has received. She later sues Dr. B, claiming she delayed treatment due to his advice.
As an expert witness, can I be sued?
Dr. Expert has been in practice for 15 years and is has treated thousands of patients with psoriasis. He was requested to serve as an expert witness for another dermatologist involving dosing of methotrexate. It is determined that Dr. Expert’s resulting testimony is wrong based on improper calculations by a “hired” dermatology resident. Can an expert be sued for malpractice?
My laptop was stolen. Can I be successfully sued?
A dermatologist had his laptop stolen from his car. The computer contained 8,000 patient records, but all were encrypted. The doctor sought legal advice, reached out to all patients notifying them of the potential breach of PHI, and hired a service to help protect his patients. Can his patients sue him?


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