Legal Eagle

Creative marketing or deceptive advertising?Dr. Ad employs a variety of advertising methods to grow his practice. Two years ago, he ran an ad that said prolonged use of his $1,000/tube facial cream would negate a need for a facelift. Now he is facing a complaint by a patient who bought 20 tubes and saw no improvement over the course of a year. Dr. Ad claims that his marketing was harmless and no different than most other ads. Is he in trouble?
I prescribe compounded medications. Can I be sued?Dr. Skin has a large dermatology practice and treats a variety of medical and cosmetic conditions. He has studied and lectured extensively on the topic of rosacea. He understands much of the pathophysiology of rosacea. He begins to use a copycat version of a compounded topical, which he has been able to get at a discounted rate. Unfortunately several patients have severe reactions, and he is soon the recipient of multiple medical malpractice lawsuits. Has he done anything wrong?
Can a mistake lead to medical license revocation?Dr. Mistake was a well-respected dermatologist who was liked by both his patients and his peers. It was a well-known fact that he had been through a difficult divorce, which he openly discussed with patients and peers. During one exam, a regular patient was certain that she was touched inappropriately. Dr. Mistake admitted that he had been inappropriate, apologized, and asked her to recognize the difficulties that his failed marriage had presented to him. Can he lose his medical license?
Melanoma and the wrong siteWrong-site surgeries are preventable. In this article, Dr. Goldberg outlines a few measures.
Medspa management invite: Revenue boost or bust?Dr. Poor is invited to oversee the aestheticians and electrologists of a new MedSpa and feels fortunate, as his revenues have been declining. However, investing, owning, or operating a medspa still means being aware of certain regulations.
Am I liable for a glitch in my EHR system?Although the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 authorized initial grants and incentives to promote “meaningful use” of electronic health records (EHRs) by providers, one of the potential risks that has not been given much discussion is the risk of medical malpractice liability.
Top 5 of 2016: Dermatology legal insightsIn 2016, we provided advice on a number of different legal issues ranging from informed consent issues, to off-label products, to whether or not you could lose your medical license for not paying your office rent. Here are the top 5 legal insight articles of 2016 from Dermatology Times.
Can I be sued for off-label use?If a patient’s procedure uses a device that is not FDA-approved, or is FDA-approved for another purpose, or is experimental, must the patient be so advised by the physician to provide appropriate informed consent? Courts have wrestled with this matter in a number of legal opinions.
When is physician health disclosure required for informed consent?Should dermatologists be required to disclose matters of personal health, especially if matters related to physician health may increase the risk of harm to a patient?
Informed consent Is evolving: Now what?Dr. Surgery undertook a weekend blepharoplasty course at a well-respected, nationally recognized occuloplastic surgery program. He has since performed three procedures. Dr. Surgery covered the risks with his patients and received both oral and written consent. His third patient unfortunately suffers the rare complication of retrobulbar hematoma and blindness and sues. Should he be concerned?