eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Ever bought a box of Raisin Bran, only to learn your box has just 12 raisins? And you rightly assumed YOUR box should have had two scoops, just like the advertisement promises. Kellogg’s says “Each box contains approximately the same percentage by weight of raisins and flakes.” OK, so two scoops may be hyperbole. Still, I never [...] The post What does Raisin Bran have in common with glaucoma trea...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Last year my wife and I went to Iceland for a spring visit. On our last night, we wanted to get a bite to eat. The only restaurant open so late was the hotel’s. We were already used to exorbitant prices for eating out in Iceland. So, when we ordered french fries and salad [...] The post The Cost of Anesthesia and Ketchup appeared first on eMerit - Online Reputation Management for Doctors.

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Since 1996, online platforms have been mostly immune from tort liability for content posted on their sites. If you had a beef with the content, your sole remedy was/is to file an action against the person who posted the content. Not easy to do. The platforms are immune because of a provision called Section 230 [...] The post Online Platform Legal Immunity and Human Trafficking appeared first on eM...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • I’m from Houston. I do not live there now. But, I grew up there. My entire extended family lives there. I went to medical school and did my residency there. I have many friends and colleagues who live and work in Houston. As I write this, Hurricane Harvey and the flooding aftermath are still wreaking [...] The post The Voyager Spacecrafts and Hurricane Harvey – Humanity at Its Best appeared first ...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • How many people founded Apple?  If you’re like me, you confidently answered two. Steve Jobs and Steve Wozniak. In 1996.  But, there was a third founder.   Ronald Wayne.   He worked with Steve Jobs previously at Atari. He received a 10% equity stake for designing the original Apple logo, writing the Apple I manual, drafting the [...] The post One Person Who Should Have Kept His Apple  appeared firs...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • If you have an online presence, and the public has access to comment about you or your business, sooner or later, you’ll get beaten up. The technical word for this is trolling. An inappropriate, egregious, or personal attack. Trolling is more a matter of tone than substance. Trolling is ubiquitous. A recent study from computer [...] The post Internet Trolls – A Nocturnal Beast appeared first on eM...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Most industries have the benefit of being able to respond fully to negative online reviews. They can dive into the dirty details and set the record straight. Whether or not that makes good PR sense is a business decision. A restaurant can respond that a patron was rude with the staff, inebriated, and unable [...] The post Can Patients Sign Forms Allowing You to Respond in Detail to Negative Review...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • In the online world, there’s a phenomenon known as the Streisand effect. It has nothing to do with her voice, lovely as it is. Wikipedia said it best: It is the phenomenon whereby an attempt to hide, remove, or censor a piece of information has the unintended consequence of publicizing the information more widely, [...] The post A Cheerleader, an Arrest, a Lawsuit, and Barbara Streisand appeared f...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post

Freckles and Lawsuits

  • Virtually every physician knows that patient privacy is sacred. One needs a patient’s affirmative consent to disclose what is known as protected health information. This is covered by state and federal (HIPAA) privacy laws. If a doctor posts the medical record, that is disclosure of protected health information. If a doctor acknowledges a particular [...] The post Freckles and Lawsuits appeared fi...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Sometimes you need a nugget of medical information – pronto. If your patient has been in a hospital, you likely have access to reams of data. Finding your nugget may take seconds, minutes, or hours. You may never find it.   A number of years ago, Dr. Kamal Thapar, a Wisconsin neurosurgeon, gave a talk on [...] The post How Facebook Saved My Patient’s Life  appeared first on eMerit - Online Reputat...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Normally, when a patient sues a doctor, he is unhappy with the care. He wants money for damages the doctor allegedly caused. Most rational people do not continue to see the same doctor if they believe that doctor negligently harmed them  As Einstein once said: The definition of insanity is doing the same thing over [...] The post Upside-Down World – A Patient Sues You to Keep Taking Care of Them a...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Maintaining compliance with HIPAA, TCPA, the FTC, and the host of other regulatory boards is complicated. An inadvertent error can result in massive fines, but there is much to be gained from a smart online strategy if you avoid the minefield of potential violations. For the next five weeks, we’re breaking down five marketing landmines [...] The post How Doctors Can Avoid Getting Slammed by the FT...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Maintaining compliance with HIPAA, TCPA, the FTC, and the host of other regulatory boards is complicated. An inadvertent error can result in massive fines, but there is much to be gained from a smart online strategy if you avoid the minefield of potential violations. For the next five weeks, we’re breaking down five marketing landmines [...] The post Why Your Marketing Vendor May Be a HIPAA Landmi...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Maintaining compliance with HIPAA, TCPA, the FTC, and the host of other regulatory boards is complicated. An inadvertent error can result in massive fines, but there is much to be gained from a smart online strategy if you avoid the minefield of potential violations. For the next five weeks, we're breaking down five marketing landmines [...] The post Pass Your HIPAA Audits with Flying Colors – Dif...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Maintaining compliance with HIPAA, TCPA, the FTC, and the host of other regulatory boards is complicated. An inadvertent error can result in massive fines, but there is much to be gained from a smart online strategy if you avoid the minefield of potential violations. For the next five weeks, we're breaking down five marketing landmines [...] The post Why Filtering Reviews is a Marketing Landmine –...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Maintaining compliance with HIPAA, TCPA, the FTC, and the host of other regulatory boards is complicated. An inadvertent error can result in massive fines, but there is much to be gained from a smart online strategy if you avoid the minefield of potential violations. For the next five weeks, we're breaking down five marketing landmines [...] The post Beware of Responding to Online Reviews – Diffus...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • The jury has spoken. Stephen Blumberg owns Stephen Leigh Jewelers in Massachusetts. Toodie’s Fine Jewelry is a competitor. Allegedly, Adam Jacobs, a Toodie’s employee, wrote a multi-paragraph negative Yelp review about Stephen Leigh Jewelers. The review said he was looking for a 1.5 karat engagement ring and he had a negative experience. He then advised [...] The post Jewelry Store Owner’s Son has...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • First, the obvious. This is not to be construed as tax advice. Now for some interesting nuggets. When people sue one another (or even threaten litigation) and money changes hands, there are tax implications. A recent article by Robert Wood dives deeper. A) Settlements and judgments are taxed similarly. Whether you come to a meetings [...] The post The Tax Man and Med-Mal Settlements appeared first...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Here’s follow-up from a blog we posted in 2013. It was titled “Preventing a Lawsuit - Always Seek Consent Before Searching a Patient’s Anus”. Now we know its full title should have included “Part 1.” Two doctors were among many defendants sued by the American Civil Liberties Union. To recap this madness, see below. [...] The post Preventing a Lawsuit – Always Seek Consent Before Searching a Patien...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post

What NOT to do…

  • A Texas physician who performs aesthetic treatments recently agreed to disciplinary action by the Board of Medicine. In 2015, a patient underwent a series of non-invasive laser treatments with Dr. Tinuade Olugesugun-Gbadeham. Around May 27, 2015, the patient made a video testimonial on the results of these procedures. The patient gave consent to have photos [...] The post What NOT to do… appeared ...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Ars Technica and the Minneapolis Star Tribune recently reported that Mayo Clinic is considering prioritizing patient care with private insurance over those with Medicare and Medicaid. The Minnesota Department of Human Services (which oversees Minnesota Medicaid), stated: “Fundamentally, it’s our expectation at DHS that Mayo Clinic will serve our enrollees in public programs on an [...] The post Da...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Jeffrey Segal, MD, JD Published in Medscape: May 20, 2015 (reprinted with permission)  http://www.medscape.com/viewarticle/844251 Three Highly Unusual Lawsuits If you practice medicine, odds are that eventually you will be sued, face a medical board complaint, or experience some other legal headache. If you practice in a high-risk specialty such as neurosurgery, the likelihood that you will be [.....

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Most doctors understand that once you have agreed to treat a patient, and you are in the middle of a treatment plan, you must either complete the treatment or find an acceptable alternative to the patient. The reason is to avoid a charge of patient abandonment. Vignette #1: Doctor receives a consult from the emergency [...] The post Thorny Vignettes and Patient Abandonment appeared first on eMerit...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • A general surgeon in Florida evaluated a patient for hernia repair. The patient confided he was HIV positive. The surgeon asked about the patient’s medication regimen. The patient explained that on the medication his viral titers were non-detectable. The surgeon stated that that was good for both of them. For the patient, of course. And [...] The post Political Correctness Over-reach in the Exam R...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • A neurosurgeon based in a large metro area in California used to be part of a large group. For a variety of reasons, he’s in solo practice now. He’s still busy. Doctors refer to him. Patients seek him out. He has a strong online presence. And he’s escaped petty intra-group politics. One problem, though. [...] The post When Your Competitors Will Not Cross Cover for You appeared first on eMerit - On...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran.  The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily [...] The post Medicolegal Issues in Dealing with Aging Physicians appeared first on eM...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Dr. Jha is a radiologist who also blogs. Virtually every one of his posts hit the mark on multiple levels. Plus, he’s a brilliant writer. He gave me permission to re-publish the following blog he posted on KevinMD.com on January 3rd.  Happy reading. Does lead-time bias have a place in court? SAURABH JHA|PHYSICIAN | JANUARY 3, 2017 [...] The post Why No Med-Mal Defendant Wants His Defense to Boil D...

eMerit | Dental or Medical Identity Management
eMerit | Dental or Medical Identity Management
Blog Post
  • Sometimes, the specific language in an op-report can lead to misunderstanding and litigation. I’m not talking about using words like “suddenly” or “to my unexpected surprise” in the document. I’m talking about how you label anatomic structures. Surgeons start with a clinical diagnosis. This diagnosis is often reinforced or guided by an imaging study. Then, [...] The post How Language in an Operati...

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