Legal

I warned my patient – was it enough?
October 14, 2020

In this month’s Legal Eagle article, David J. Goldberg, M.D., J.D., discusses the different professional standards of disclosure that a physician must fulfill when treating patients.

Will OSHA cite me for requesting employees not wear masks?
September 01, 2020

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?

Is Covid-19 a defense to a battery charge?
July 20, 2020

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?

COVID-19 considerations: Do state guidelines overrule the CDC?
June 10, 2020

In the COVID-19 era, standard of care is still evolving. David J. Goldberg, M.D., J.D., discusses this and more liability issues to consider when re-opening your practice.

Teledermatology and HIPAA compliance in the era of COVID-19
April 24, 2020

David J. Goldberg, M.D., J.D., discusses important considerations regarding telemedicine and HIPAA compliance that dermatologists should keep in mind during the COVID-19 pandemic.

Can I pay a patient to leave my practice?
March 10, 2020

In this Legal Eagle article, David J. Goldberg, M.D., J.D., discusses whether or not you can pay a patient to leave your practice.

My patient bled. I got sued.
February 18, 2020

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.

Did I wrongfully terminate my employee?
November 22, 2019

David J. Goldberg, M.D., discusses what constitutes wrongful termination in this Legal Eagle article.

Do patients have property rights in healthcare?
October 30, 2019

If the public pays for the training of physicians, can it be argued that the public has an ownership property interest in American healthcare? David J. Goldberg, M.D., J.D., provides his insight.

Am I liable if the patient wasn’t mine?
October 04, 2019

In this Legal Eagle article, Dr. Goldberg discusses the intricacies of the physician-patient relationship, and how that relationship can still be formed even if you never see the patient.