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

In this month's Legal Eagle article, David J. Goldberg, MD, JD, examines physicians being sued for using injectables for off-label procedures, such as for oily skin. 

I Used Botulinum Toxin Injections for Oily Skin—Now I Have Been Sued

In this month's Legal Eagle column, David J. Goldberg, MD, JD, explores the legality of terminating an employee for refusing a COVID-19 vaccine.

COVID-19 Vaccine Refusal: Grounds for Termination? 

Physicians have an obligation to create a hazard-free workplace, but the question is what legally constitutes a hazard?

Legal Eagle: Will OSHA Regulations Require Significant Changes in Running an Office? 

In this month's Legal Eagle column, David Goldberg, MD, JD, explains if you can terminate an employee who's COVID-19 diagnosis has negatively affected your practice and led to substantial financial losses. 

Legal Eagle: Can I Terminate an Employee Who Has COVID-19? 

In this month's Legal Eagle article, David J. Goldberg, MD, JD, examines the legality of whether physicians can be used as an expert witness against non-physicians.

Can Doctors be Expert Witnesses Against Non-Physicians?

In this month's Legal Eagle article, David Goldberg, MD, JD, explains how to  avoid an age discrimination lawsuit from a former employee in your office by bulletproofing human resources (HR) documentation.

Age discrimination in the era of COVID

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. 

 HIPAA, COVID-19 and jail

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. 

I warned my patient – was it enough?

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?

Will OSHA cite me for requesting employees not wear masks?

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?