Dr. Jeffrey Segal, a neurosurgeon, attorney and founder of Medical Justice, returns to the podcast for Episode 4.2, where he and David discuss current legal landmines facing physicians.
Jeff begins with the topic of licensing and how doctors typically become involved with investigations into their licenses by state departments and the various outcomes that can occur. He covers private letters of concern, public admonitions, license restrictions, suspensions and revocations.
Jeff explains how the economics of a licensure defense case are often worse for the physician than a typical medical malpractice case, and thus implores physicians to make sure they have adequate insurance coverage for this type of risk.
He next describes a “sham peer review” and why doctors need to be wary of it and delves into the importance of the National Practitioner Data Bank. Jeff then covers disputes with hospitals and other employers and common mistakes physicians make as they exit.
The episode concludes with Jeff giving some words of advice about physicians working with attorneys.
What You’ll Learn:
- How most physicians become involved in licensing investigations
- The typical outcomes from such investigations
- The differences between private letters of concern, public admonitions, license restrictions, suspensions and revocations
- Why the economics and incentives of a licensure defense case are worse for the physician than a typical medical malpractice case
- How medical malpractice policies typically cover little if any of these types of defense costs and why physicians should make sure they have adequate coverage
- What “sham peer review” is and why doctors need to be wary of it
- What the National Practitioner Data Bank is and why it matters
- Why doctors may want to pay low dollar medical malpractice awards themselves rather than have the insurer pay them
- Why, if a physician gets into conflict with a hospital, “resigning under investigation” is such a dangerous designation
- Why, upon exiting a position, a non-disparagement agreement is crucial
- When and how physicians should work with attorneys