FOCUS TOPICS CARDIOLOGY MERGERS & ACQUISITIONS HEALTH LAW
February 2014 December 2009 >> $5
PHYSICIAN SPOTLIGHT PAGE 3
Kenneth Sellers, MD
Physicians’ Steps for Legal Recourse Shaky
Hard for a doctor to counter derogatory comments or poor ratings
ON ROUNDS
New Defibrillator Offers Options, Advantages
Stern physician implants recently developed system The old way was no longer an option. To live, the patient needed something new ... 4
By EMILy ADAMS KEPLINGER
Malpractice suits are filed almost every day. Not all of them are justifiable. What steps are in place for physicians’ redress? According to Mike Cates, executive vice president of the Memphis Medical Society, “Anybody can be sued. The difference is how much proof there is to sustain a case. And generally there is not much case law to support malpractice counter-suits.” And while the First Amendment of the U.S. Constitution guarantees freedom of speech, slander and libel are not without their own consequences. A plaintiff making untrue, defamatory accusations against a physician can certainly impact future earnings. But the problem with defending such claims lies with the burden of proof. To prove a physician has been defamed, he or she has to prove their harm or injury was a direct result of a malpractice suit, or even from bad ratings on websites and social media. “Social media and websites offer visibility for physicians,” Cates added. “But if someone chooses to make derogatory comments or assign poor ratings, it is very hard for a doctor to counter because most of those postings are anonymous. It would be almost impossible to discern who to sue for defamation of character.” David Cook, a practicing healthcare defense attorney in Memphis for 37 years, said patients sue when they experience bad outcomes, whether the doctor (CONTINUED ON PAGE 14)
HealthcareLeader
Changing Healthcare Landscape Not Slowing Drive for Med School
Richard C. Shadyac Jr., JD CEO ALSAC/St. Jude Children’s Research Hospital
Now that the health insurance marketplace is open, many are wondering about the immediate effects the Affordable Care Act will have on the healthcare industry ... 11
ONLINE: M.MEMPHIS MEDICAL NEWS.COM
By JUDy OTTO
The global economic crisis has affected not only millions of individuals and countless businesses, but charitable institutions also are suffering from dramatically reduced donations. Yet the children of St. Jude Children’s Research Hospital are ably provided for by a man whose passionate commitment and insightful fund-
FLEET INCENTIVES FOR MEDICAL PROFESSIONALS
raising strategies have increased public support during each of the four years of his leadership. Reports show a 29 percent increase in donor revenue since 2009, when Richard C. Shadyac Jr. became CEO of ALSAC, the fundraising and awareness organization for St. Jude Children’s Research Hospital. Even the weather-related cancellation of the (CONTINUED ON PAGE 12)
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