David J. Goldberg, MD, JD

David J. Goldberg, MD, JD

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.

Articles by David J. Goldberg, MD, JD

David J. Goldberg, M.D., J.D., explains how a terminated employee can violate HIPAA if they access medical records of other associates at their former place of work, even if they find out one of those associates had COVID-19 and did not disclose it to the office.

While several employees wanted to wear masks upon his office reopening, Dr. Covid reminded them that their state governor and city mayor did not require their use. Now an employee has contracted COVID-19 from a patient and has filed a complaint with the Occupational Safety and Health Administration. Should he be concerned?

Dr. Joe acquired a new laser prior to the pandemic. Three patients are scheduled for treatment during which he had told them a laser expert would be present. The laser expert deferred due to COVID-19. After carrying out the procedures alone, one patient sues for battery, though there were no adverse events. Is this battery? Can Dr. Joe use COVID-19 challenges as a defense?

David J. Goldberg, M.D., J.D.

A dermatologist performed a large excision on a patient without taking a medication history, and the patient experienced progressive post-operative bleeding. Was he negligent? Dr. Goldberg discusses this hypothetical case and the nuances of physician negligence in this Legal Eagle article.

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The Food, Drug and Cosmetic Act (FDCA) gives the U.S. Food and Drug Administration (FDA) the authority to ensure that drug/device promotion is not false and/or misleading. But does that mean the FDA can regulate physician comments on drugs and devices? Dr. Goldberg provides his insight in this month's Legal Eagle column.