Medical Liability Minute

EP 63: ”Hey, Doc - Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 2 of 2)

Doctors sometimes receive this warning: "Prepare to be sued for copyright infringement." They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.

EP 62: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 2)

In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice's negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered - meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.

EP 61: ”Hey, Doc - Those Are MY Pictures on YOUR Website.” What Now? Copyright Infringement Defense 101. (Part 1 of 2)

Doctors sometimes receive this warning: "Prepare to be sued for copyright infringement." They dismiss these warnings, assuming they are scams. Some of these notices are scams. But many others signal real litigious intent. Minor infringement can add up to an expensive and disruptive payment. It is critical doctors understand how to qualify and de-escalate claims of copyright infringement. We spoke with copyright and intellectual property attorney Steve Vondran at length. He understands these domains viscerally.

EP 60: Pregnant Patient + False HIV Diagnosis + Inept Delivery = Trainwreck (Part 1)

In January 2017, a husband and wife applied for life insurance. The wife was pregnant. Part of the application process required them to complete a blood test. The blood test indicated the wife was HIV positive. When this news was delivered to the patient in front of her husband, the patient vomited. When she demanded an explanation, the practice insinuated her husband was participating in an extra-marital affair.

The lab result was ultimately deemed a false positive. The husband and wife sued, the practice, alleging the practice's negligence inflicted undue emotional distress. The lawsuit also stated that even if the woman WAS HIV positive, this information should not have been casually revealed in the presence of her husband. A defense verdict was delivered - meaning the doctor/practice prevailed. What can we learn? Our podcast has the details.

EP 59: Hypertensive Patient Receives Facelift, Bleeds Post-Op, Sues Surgeon After 18 Day Hospital Stint. Surgeon Prevails. (Part 2 of 2)

A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are still lessons to be learned.

Our podcast has the details.

EP 58: Hypertensive Patient Receives Facelift, Bleeds Post-Op, Sues Surgeon After 18 Day Hospital Stint. Surgeon Prevails. (Part 1 of 2)

A patient approached a plastic surgeon, seeking a facelift. The surgeon evaluated the patient and scheduled the procedure. The patient was on medication for high blood pressure, and the surgeon understood this. After the procedure was finished, the patient began to bleed and was rushed to the hospital. After an 18 day stint in the hospital, the patient sued her surgeon, alleging he failed to anticipate her various post-op complications. The surgeon prevailed (defense verdict), but there are still lessons to be learned.

Our podcast has the details.

EP 58: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 2)

Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving - but it wasn't easy. She went to court in 2011. A defense verdict was delivered - and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.

Patient Shot in the Back, Advised to Have Surgery, Refuses, then Sues. (Part 2 of 2)

A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An interesting way of expressing gratitude.

Our podcast has the details...

EP 56: An ER Doctor Was Sued. She Survived and is Thriving. Hear Her Story. (Part 1)

Dr. Gita Pensa is an experienced ER physician. In 2007, Dr. Pensa was sued. Dr. Pensa eventually prevailed and is thriving - but it wasn't easy. She went to court in 2011. A defense verdict was delivered - and then overturned in 2015. She prevailed again in 2019, 12 years after the saga began. Dr. Pensa is passionate about teaching other doctors how to survive legal turmoil. In addition to her work as an educator and an ER physician, Dr. Pensa operates her own podcast, Doctors and Litigation: The L Word. Her mission? Teach doctors how to survive malpractice litigation and thrive in the aftermath. We spoke to Dr. Pensa at length. Her insights are invaluable.

EP 57: Patient Shot in the Back, Advised to Have Surgery, Refuses, then Sues. (Part 1 of 2)

A German tourist was enjoying a drink at a bar located in the southern United States. After a brief argument with another patron, he was shot in the back. Due to the extent of his injuries, surgery was advised. The patient initially refused and demanded to be transferred to a different hospital. He was transferred and the receiving doctor performed 9 surgeries. The patient recovered and sued the first hospital that received him, alleging a delay in treatment worsened his injuries. An interesting way of expressing gratitude.

Our podcast has the details...