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 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?

Is Covid-19 a defense to a battery charge?

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.

COVID-19 considerations: Do state guidelines overrule the CDC?

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.

Teledermatology and HIPAA compliance in the era of COVID-19

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.

Can I pay a patient to leave my practice?

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.