Recent News

HOMEMedical Malpractice Legal Briefs

Recent News

Increased Use of Video Evidence Against Healthcare Providers

Increasingly, we are seeing health care providers being subject to video evidence taken in public areas of hospitals and healthcare facilities. On more than one occasion, during the investigation by a state or federal agency, video evidence was used to disprove a provider’s contention that they were not in a certain [...]

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What constitutes bad faith by an insurance company?

Delays in response or non-response to your complaints in lack of coverage: Constantly kicking the can down the road, is not a legitimate response. Making you, the provider go in circles, is not a sign of good faith. Refusing to pay the claim prior to a real investigation: The insurance company, [...]

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Refusing to pay out claims by labeling them as investigative

Some insurance companies are taking certain procedures and refusing to pay out claims by labeling them as investigative. By doing so, this takes the claim out of certain types of appeals that is normally mandated by many states. Again, it is the insurance company who uses the label which has the [...]

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Legal reminders for those who take UDTs (urine drug tests)…

For those of you that take UDT, urine drug tests, be aware that you must justify the frequency of the tests. Is your patient a low, medium, or high risk to be a drug abuser? Additionally, you must research what a particular insurance plan may require to approve whatever your UDT [...]

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Consequences of Refusing a Required COVID-19 Vaccination

A physician, dentist, or any other healthcare provider that lost privileges, or got terminated for refusing a required COVID-19 vaccination can be reported by their hospital or practice to the National Practitioner Data Bank. If you lost your privileges for more than 30 days or have been terminated, there’s a due [...]

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OSHA: “Blood and Other Infectious Material”

Please note that when the OSHA regulations mention “blood”, it is referring to human blood or human blood products. “Other infectious materials” (OIM) refers to body fluids that could be contaminated by blood. Healthcare providers should know that purulence, and human tissue that was biopsied, is considered OIM. Until next week, [...]

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OSHA Bloodborne Regulations: Exposure Control Plans

Occupational Safety and Health Administration (OSHA) obtain your cooperation with their bloodborne regulations by requiring you to use an appropriate “Exposure Control Plan”. They are pre-written plans or templates with blank spaces to fill in what is required, and should be unique to the practice setting. In fact, the CDC website [...]

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OSHA and Air Borne Pathogen Standards

In 1991, OSHA first issued it’s standards involving blood borne pathogens. Currently, most healthcare providers are exposed to blood on a daily basis. These standards are distinguished from air borne pathogens. And shockingly, as this is being written, OSHA has not drafted any air borne pathogen standards. We have all gotten [...]

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The Thirty Day Letter

Every physician has a small percentage of patients that usually give them a very significant amount of stress and aggravation. In most states, you can jettison all or some of these patients with a “thirty day letter”. To do so, you must send a certified letter that includes a required return [...]

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Are You Updating Your Physician Profile Webpage?

In most states, they have a Physician Profile webpage, and many physicians aren’t even aware of this. It is required in most states, for physician’s to update their own profile when something changes, such as an office address, hospital affiliation or a malpractice settlement. Be certain to be update your profile [...]

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