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.
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?
Losing a malpractice case may depend on where you live
A patient recovering from surgery was warned about the possibility of infection, and she develops an infection that leads to sepsis. Should the physician have explained to her that infection could lead to sepsis and possibly death, and can the physician be sued?
Guarding against age discrimination
Doctor Doc has a large practice with many productive happy employees. One of his employees has been with him for more than 20 years and is now 67 years old. Over the past two years, she has become increasingly combative and difficult for both staff and patients.
I violated HIPAA. Now what?
Dr. Doe has a 25-year-old dermatology practice in a quiet suburban area. Although he loves practicing dermatology, he finds himself overwhelmed with government regulation. HIPAA, EMR, meaningful use, ACA — he does not know where to begin.
If my patient signed a consent form, why can he sue me?
Dr. Peel treated a patient for her wrinkles. Both he and his staff warned her of the small — but present — risk of scarring from the procedure. She signed a consent form, that documents she has assumed all risks from the procedure. Unfortunately she was scarred from the procedure. She sues her dermatologist.
I’m getting bad reviews on social media. What can I do?
Dr. John has a very busy medical and cosmetic practice. The growth of his practice, and its success, is a testament to the quality of services he provides. Recently, while surfing the Web, Dr. John notes that a recent patient said, “Dr. John was arrogant, insensitive and ran late. The diagnosis he gave me was wrong. And for that, I had to dish out $50 co-pay. Stay away — forever.” Dr. John is incensed. What can he do?
Can a derm expert witness be arrested for lying on the stand?
Dr. Skin is a nationally known academic researcher. Because of his expertise he is commonly asked for expert testimony in a large number of medical malpractice cases. He recently testified and was asked about his background. He stated that he was a well-known dermatologist who lectures all over the world. This was true.
FTC can challenge healthcare practice mergers
Dr. Derm owns 15 dermatology practices. Dr. Skin owns 12 similar practices. Recently a venture capitalist bought all of these practices and merged them as one practice. All of the dermatologists were given a 20-mile, two-year restrictive covenant.
Can scarring lead to a negligence lawsuit?
Dr. Laser has been doing laser procedures for more than a decade. He has a great reputation and thousands of happy patients. Two years ago he performed a laser procedure on a patient who unfortunately scarred afterward. The procedure was undertaken in the same manner as hundreds of other similar procedures performed by Dr. Laser. He also obtained a signed consent form from his patient warning her about the risk of scarring.


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