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.
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.
David J. Goldberg, M.D., J.D., discusses the Family and Medical Leave Act (FMLA) and what you should know to protect yourself and your practice.
It is common knowledge that both not-for-profit and for-profit hospitals across the U.S. have policies of charging uninsured patients more. And some physicians have done the same. But patients are starting to question these policies, landing some hospitals and physicians in hot water.
In this month's Legal Eagle column, David J. Goldberg, M.D., J.D. discusses a scenario in which a physician tries to provide a better treatment option at a lower cost for his underinsured patients by importing medication from another country, but is reprimanded by the FDA. Find out why.
In this month's Legal Eagle column, David J. Goldberg, M.D., J.D., offers his insight on when to settle a malpractice lawsuit outside of court and when to take take it to trial.
What can you do if a patient slanders your reputation on social media? David J. Goldberg, M.D., J.D., provides his insight in this month's Legal Eagle column.
When can a physician disclose protected health care information? Dr. David J. Goldberg addresses this question in this month's Legal Eagle column.
Can I lose my license for giving a curbside consult? Dr. David J. Goldberg covers this issue in this month's Legal Eagle column.
I have pending malpractice lawsuits after opening a medical spa. What are my legal issues?
As more dermatologists implement EHR systems, many are wondering if EHR adoption will increase or decrease their medical legal liability. Dr. David Goldberg provides his insight in this month's legal column.
A burn injury and questions unasked leads to a malpractice claim.
Dr. Jam is a successful medical and cosmetic dermatologist who posted a video online intended as a promotional video. His patients are suing claiming negligence. Learn more here.
Needlestick injuries occur more often than you may think because many go unreported. If you are accidentally pricked by a needle, do you have legal recourse? Dr. David Goldberg addresses this issue in this month's legal column.
Is it misuse to use medication for off-label uses? A patient sues after developing facial pain and other symptoms associated with the use of a topical for scabies. Is this physician guilty of practicing medicine outside the standard of care?
Two years ago, Dr. Beauty hired several independent contractors on an hourly basis to improve the marketing of his practice. In order to provide them easy patient demographic accessibility, he provided them full access to his patients’ electronic medical records. One patient became aware and filed a HIPAA complaint. Dr. Beauty feels that although the involved activity may represent HIPAA violations, no penalties have been assessed to small practices such as his. Is this true?
In a CME session through your local dermatology society, a prominent drug company provides journal articles documenting the off-label use of one of their prescription pharmaceutical agents. You obtain CME credits, read the journal article and begin prescribing the off-label medication. Is the drug company in violation of the U.S. Food and Drug Administration (FDA) rulings? Are your actions acceptable?
Dr. Derm logged into his office computer system, only to find a ransom note from a hacker, asking for money in exchange for the safe return of his patients’ records. Who are these hackers? How do they gain access? What should Dr. Derm do?
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?
Dermatologist Joe Psoriasis is known throughout the country as an expert in the treatment of psoriasis. An inherent risk of treating such challenging patients is the higher risk of medical malpractice lawsuits. Dr. Psoriasis has now had five such lawsuits filed against him. He is contemplating discontinuing this portion of his practice. Will the HEALTH Act of 2011 provide him with more protection from such lawsuits?
Dr. Skin hired several people to improve the marketing of his practice. In order to make things simple, he provided them with all of his patients' records to allow them easy access to patient demographic information. Dr. Skin is assured by colleagues that although the involved activity may represent a HIPAA violation, no penalties have been assessed to small practices such as his. Is this true?
Dr. Skin missed seeing a melanoma on his patient. It was present when he saw her two years ago; he just did not see it. The former patient sues Dr. Skin for negligence. The plaintiff's attorney offers to settle the case prior to going to court for $1 million dollars. Should Dr. Skin do so?
The estate of a deceased patient has sued Dr. Mole for not making a melanoma diagnosis earlier. The plaintiff's attorney has offered a settlement agreement for $1 million. He is concerned about the settlement being listed in the National Data Practitioner Data Bank. His attorney assures Dr. Mole that as this late point in his career this will do little to no impact on his reputation.
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.
Dr. Skin has a large, skin cancer-based practice in a large metropolitan area. Many of his patients are highly successful businessmen who travel extensively to many parts of the world for long periods of time.
Dr. Fat has always prided himself on providing his patients with leading dermatologic treatments. He is an avid reader of medical journals, and he attends dermatology meetings both in the United States and abroad to learn about the latest in both medical and cosmetic procedures.
Dr. Pigment has a very large and very busy practice. He often sees up to 100 patients every day. He is known as an expert in the evaluation and treatment of pigmented lesions.
Dr. Head, a prominent dermatologist, has five years of experience using botulinum toxin injections for the treatment of migraine headaches. He knows that botulinum toxin injections are approved for the treatment of hyperhidrosis and hyperkinetic glabellar lines, but he also is very comfortable treating a variety of wrinkles and headaches with these injections.
Dr. Suit has a large dermatology practice in the Sunbelt. He has seen countless numbers of malignant melanoma patients over the past 20 years. Unfortunately, he has been sued four times on the issue of misdiagnosis of melanoma. Three cases went to court, and in the two cases in which the patient died, he lost multimillion-dollar lawsuits because of sympathetic juries.
Perhaps the patients will all sue the laser company and not Dr. Laser. After all they sent a "beginner" laser representative to guide the "beginner" physician.
Liability for failure to warn is transferred from the drug manufacturer to the treating physician. The sole exception to this doctrine is when the drug manufacturer relies on direct-to-consumer marketing.
