Dr. Goldberg is Director of Skin Laser & Surgery Specialists of New York and New Jersey, Director of Mohs Surgery and laser research, Mt. Sinai School of Medicine, and Adjunct Professor of Law, Fordham Law School.
I Used Botulinum Toxin for Migraines—Now I’ve Been Sued
David Goldberg, MD, JD, stated the use of drugs and devices for conditions that are not otherwise indicated is widespread among physicians and is generally not considered experimental or investigational.
Latex Gloves and the Americans With Disabilities Act
Of those who have reported latex allergy, approximately 75% are health care workers. What should practice owners and managers need to consider legally?
I Charged My Patient: I Was Sued
This month's Legal Eagle column explores if a dermatologist can be sued for charging a fee for providing medical records in a lawsuit.
My Patient Claims He Has a Property Right Forcing Me to Treat Him. What Does That Mean?
This month's Legal Eagle column examines if patients have a legal property right to health care, given public funding of medical education.
My Colleague Has Defamed Me Online: What Can I Do?
What are your rights in the instance a colleague defames you online or on social media? David Goldberg, MD, JD, shares legal advice in our April issue.
Melanoma and the Wrong Site
In this month's Legal Eagle column, learn about the liabilities and how to prevent wrong-site procedures.
I Am Not Being Paid to Treat Actinic Keratoses: How Could That Be?
This month's Legal Eagle column highlights the tension between cost control measures and concerns about patient care in the context of health care spending and the increasing prevalence of actinic keratoses
How to Handle Social Media Retaliation
A patient's social media post has gone viral and has been seen by thousands. Dr Derm is concerned this malicious act may ruin his career. What can he do?
Can I Ask About Gun Ownership for My Safety?
Dr Derm has recently been sued by a patient for simply asking the question “Do you own a gun?” He seeks legal advice.
I Was in a Hurry, and I Was Sued
As more dermatology clinicians find themselves increasingly exhausted, being in a hurry can lead to legal repercussions.
Consequences of Lying on the Witness Stand: Are There Any for Dermatology Expert Witnesses?
Preposterous opinions are not considered perjury. Fictional factual claims may be actionable as perjury.
She Was Not 18. Could She Give Informed Consent?
Mature minor statutes exist in most jurisdictions, but courts struggle with balancing the wishes of the adolescent with the need to show they fit into one of the exceptions to the general rule.
Disclosing Physician Health: What Is Required?
In this month's Legal Eagle, learn what clinicians are required to disclose about their personal health ahead of performing procedures.
Expert Witness and Perjury
In this month’s Legal Eagle column, learn the ins and outs of being called as an expert witness in a medical malpractice case.
FDA Black Box Warning and Liability
Any analysis of physician negligence must first begin with a legal description of the elements of negligence.
Consent and Experience
In this month’s Legal Eagle column, we delve into cases involving informed consent.
Laying Down the Law of Cosmetic Procedures With David Goldberg, MD, JD
Goldberg reviewed non-invasive skin tightening procedures and laser complications at SCALE 2023.
The Liability of an Electronic Health Record System
At least 1 legal case suggests that providers have a duty to minimize risks during the transition period to a new electronic health record system.
Domestic Abuse and My Employee. Can I Fire Her?
This month's Legal Eagle column explores the legality of terminating an employee for inappropriate conduct outside the workplace.
Losing a Malpractice Case May Depend on Where You Live
This month's Legal Eagle column explores what information is required during an informed consent discussion.
I Used a New Dermal Filler: How Can This Get Me Arrested for Battery?
This month's Legal Eagle column reviews how a patient tried to sue for battery due to excess swelling after dermal fillers.
Was It Marketing or Was It Misrepresentation?
This month's Legal Eagle column explores a scenario of marketing vs. misrepresentation.
Dermatologist Faces Lawsuit for Terminating an Employee
In this month's Legal Eagle column, David J. Goldberg, MD, JD, reviews a lawsuit case regarding employee termination.
Legal Issues Due To My Physician Extenders
In this month's Legal Eagle column, a case involving physician extenders is discussed.
Dermatologist Tells a Patient That He Performs Plastic Surgery. Is This Fraud?
In this month's Legal Eagle column, David J. Goldberg, MD, JD, discusses a case involving a dermatologist performing plastic surgery.
He Is my Covering Physician. Why Am I Being Sued?
In this month's Legal Eagle, David J. Goldberg, MD, JD, discusses a legal situation involving an oculoplastic surgeon and a covering physician.
How Can I Be Sued for Not Having Access to Newer Mole Mapping Systems?
In this month's Legal Eagle, David J. Goldberg, MD, JD, writes about a difficult legal case involving metastatic melanoma and mole mapping.
I Can’t Afford to Have a Chaperone With Me During Skin Exams: Can I Get Into Trouble?
In this month's Legal Eagle, David J. Goldberg, MD, JD, writes about the legal burden of having a chaperone during skin exams.
CME Credits, Drug Companies, and Freedom of Speech
“Dermatologists are not in violation of FDA statutes for prescribing the off-label use of prescription drugs.” See what David J. Goldberg is discussing in this month's Legal Eagle.
Cost of Copies Prompts a Lawsuit
In this month's Legal Eagle, David J. Goldberg, MD, JD, dives into a case of amount for fees charged for medical records.