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.
Dr. Surgery recently expanded his surgical horizons and began performing abdominoplasties. His third patient became septic, and she now has permanent lung and kidney damage secondary to the sepsis. The patient has sued Dr. Surgery, contending that he fraudulently misrepresented himself as a plastic surgeon. Does his patient have a claim based on fraud?
Recently, Dr. EMR spent a significant amount of money to add a comprehensive electronic health records system to his office. He has been told such a system will lessen his medical legal liability. Some of his physician friends suggest EHR systems will increase, rather than decrease, liability. Who is right?
Dr. Derm and his associates decided it was in the practice's best interests if he left. His access to network office materials should have been terminated Jan. 1, but it was not until Feb. 1 that it was done. In the meantime, Dr. Derm downloaded medical records of some of his former associates' family members.
Dr. Light has been in practice for 25 years. He has never considered himself a "cosmetic dermatologist." He makes the decision to learn more about cosmetic procedures. He feels that if he treads slowly and approaches the learning process of cosmetic dermatology the same way he approached medical dermatology, he can't go wrong.
Dr. Buttox travels to Europe to learn about a new botulinum toxin that is popular there. He understands he can't use the product in his office without FDA approval, but his marketing department gets him to discuss the product with the national press. Does the FDA have jurisdiction over Dr. Buttox in this instance, and if so, to what extent?
Dr. Derm spends 10 percent of his annual gross earnings on marketing, much of which is Internet-based. He often finds himself telling his peers how wonderful Internet marketing is, until one day he finds out that a disgruntled patient has damaged his reputation on the Web. Dr. Derm is concerned that this malicious act may ruin his career. What can he do?
Two years ago, Dr. Reputation noticed a slowdown in his practice, which he attributed to the poor national economy. Recently, however, other dermatologists have reported an upturn in their schedules. One day, a loyal patient tells Dr. Reputation that a popular physician grade website gives Dr. Reputation a failing grade. Can Dr. Reputation sue to find out the methods used by the website?
Dr. Bill's practice sees more than 1,000 patients a week, most covered by some version of medical insurance. The practice outsourced its billing to a billing company, which takes a small percentage of each paid patient bill as its method of payment. Recently, a disgruntled patient sued Dr. Bill, alleging illegal fee splitting.
Dr. Cellulite prides himself on the fact that he is the only dermatologist performing mesotherapy cellulite treatments in his area. He uses a technique called "lipodissolve." He, like most healthcare practitioners doing this technique, uses a substance called deoxycholate. He advertises that this technique is both safer and more effective than liposuction.
Dr. Cosmetic has a thriving cosmetic dermatology practice. He treats thousands of patients each year with a variety of lasers, fillers and botulinum toxins. One year ago, he treated a patient with botulinum toxin who, after paying her bill, died in his office from a heart attack. Although saddened by the death of his patient, he was somewhat comforted by the fact that his treatment had nothing to do with her untimely death.