RE: Hired Gun Testimony of a Radiologist (Charles Lombardi, DPM)
From: Lawrence J. Kansky, DPM, JD
Dr. Glenn Schwartz did nothing wrong. He was not a hired gun because the transcript reveals that this was Dr. Schwartz's first court appearance, he was a subsequent treater, and he was paid a reasonable $4,000 for his time. Dr. Schwartz's testimony was consistent with his written report of 2006. He simply supplemented what he believed the "post-operative changes" were on the MRI. We all know that a nerve can be partially cut in the healing phase, or be damaged, mangled, or compressed while still being "intact".
A jury determines whether there is podiatric negligence, and not just a common unavoidable post-operative complication, based largely on the testimony from the podiatric expert(s) regarding causation and departure from the standard of care. Dr. Schwartz admitted multiple times that he did not know what surgical procedures were performed, so the jury only gleaned from him that the nerve at issue was not normal.
Calling Dr. Glenn Schwartz as a witness should have been somewhat anticipated by Dr. Lombardi's defense team because all potential witnesses, which usually includes all treating doctors, are listed with the court before trial. I thank Dr. Lombardi for sharing his upsetting and stressful experience with us, and congratulate him on his win.
Lawrence J. Kansky, DPM, JD, Wilkes-Barre, PA, Larry.Kansky@gmail.com
RE: Wireless Printers and HIPAA (Elliot Udell, DPM)
From: Michael L. Brody, DPM
As Barry Block indicated, most wireless printers have a 'wired' network option. The issue with HIPAA and wireless printers is the same for any and all wireless devices, and that is security. If you can avoid going wireless and use only a wired network, it has a higher degree of security. If you intend to utilize wireless networking in your practice, you want to ensure that you have the best possible security on that wireless network.
When using wireless communications, I recommend that you always utilize WPA-2 or better encryption, turn on MAC filtering, and monitor your wireless access points for attempted "break-ins" to your network. It is best to utilize the services of a network professional when deploying wireless networks. No matter if you have a wired, wireless, or a hybrid network (Part wired, part wireless), you want to have a good firewall and good security for your entire network to protect the network from attacks.
Michael L. Brody, DPM, Commack, NY, mbrody@tldsystems.com
RE: Patients' Requests for X-Rays (Joseph Borreggine, DPM)
From: Robert Wunderlich, DPM
In my experience, most hospitals and radiology groups that perform radiographs using a digital system are happy to provide a copy of the images on a CD-ROM (which also contains a stripped-down version of the software to view the images). New patients will often bring a copy of the CD with them to the office. If they don't, we've had no problem requesting a copy of the CD. Typically, they'll deliver it the same day via courier.
Robert Wunderlich, DPM, San Antonio, TX, rwunder@gmail.com
