Medical Malpractice Legal Briefs

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Medical Malpractice Legal Briefs

 Opioid Rx Charting

How to determine when you initiate or continue opioids for patients with chronic pain: What kind of pain is it? Is it a nerve pain, a throbbing pain or a arthritic type of pain? And if it's arthritic; what kind of arthritis? Psoriatic, rheumatoid, gouty, or degenerative? Was it due to [...]

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ADA Amendments Act: Determining What is Considered a Disability

For one to be considered physically or mentally impaired under the ADA, you must be significantly limited to one or more major life activities. Such activities include; walking, seeing, hearing, breathing, learning, or speaking. The inability to participate in other community related activities also applies under the ADA. As of January [...]

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Request a Copy of Your NPDB File

Hospitals, licensing boards, Medicaid fraud units, health plans, professional societies, quali­ty improvement organizations, state and federal law enforcement agen­cies; and yourself as the medical practitioner, can also request a copy of your reported file. It's recommended that you request a copy of your NPDB file every year; and ascertain what is [...]

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Paying another practitioner a percentage of the collected money for patients

I am still astonished with the attitude of so many practitioners, regarding new clients and the collection of copayments. Recently a practitioner blithely told me, he is well aware that paying another practitioner a percentage of the collected money for patients he treats is illegal, and also under the Federal Anti-Kickback [...]

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Paying Employees VS Independent Contractors

Let’s differentiate between an independent contractor and an employee. A regular employee will have their Social Security and Medicare withheld by the employer. While a independent contractor is responsible to do that on their own. Employees can be paid on a percentage basis of money they produce for the practice based [...]

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Choose Your Advertisement Wording Carefully

An advertisement should not give any guarantee as to the success of any treatment. Please be careful, and avoid using the term “guarantee” or any equivalent meaning. For example, the use of phrases such as “every patient who ever had this procedure or treatment was 100% satisfied with the outcome,” or [...]

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Prescription Records: Don’t forget to add these essential details

After recently reviewing many medical records related to our audit defense, the following bears repeating: When recording your prescriptions, be careful to not only record the dosage and number of pills prescribed, but also record the reason for the prescription. Because most medications have multiple applications and off-label applications. The reason [...]

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Use of Profanity Around Patients

The use of profanity in front of a patient, whether or not it is directed at a patient, may be considered professional misconduct. A real professional has no need for profanity while at work. Larry Kobak, Esq. Senior Counsel Frier Levitt ATTORNEYS AT LAW (516) 755-7553 direct (973) 618-1660 office lkobak@frierlevitt.com

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Controlled Substances: What to Include in Your Medical Records

Being General Counsel to several state pain societies, it often comes up about what should be reflected in your medical records concerning controlled substances. The obvious parts include the name of the substance you are prescribing, the dosage, the frequency and how it is taken. It's astounding when reviewing a medical [...]

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Office Checklist: Stay Compliant with OSHA, HIPAA, etc.

Review your OSHA and HIPAA manuals. Have your staff review them and sign off that the review has oc­curred. In some cases, you must update the manual to comply with the law and physical changes in your office. Your employees must be made aware of such changes. Inspect your office for [...]

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