Medical Malpractice Legal Briefs

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Medical Malpractice Legal Briefs

To Report or Not Report?

Many physicians and other healthcare providers have inactive licenses from their residency days. If you have an adverse event occur, such as an administrative discipline from another state, a loss of privileges or removal from an insurance panel, that is reportable to all states that you have a license, active or [...]

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Drug Seeking Patients

Health care providers are always looking for a way to eliminate drug-seeking new patients. Consider putting up a sign in your waiting room that states there will be no opioid prescriptions on the first visit! Have your staff make your policy very clear on the phone during the first phone call [...]

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“Unbelievable” Opportunities and Why You Should Avoid Them

I know that for the physician and other healthcare providers, times are now tough. I have gotten several calls from clients, just this past week, consisting of various schemes to increase their income. EVERY ONE OF THEM WAS ILLEGAL! It consisted of kickbacks, revenue sharing, straw-man back accounts controlled by non-physicians, [...]

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Americans Disability Act

Since 1992, every healthcare provider in the United States has been subject to the Americans Disability Act in two ways. The healthcare provider must comply with the federal law as both and employer and as a medical provider. It is important that “disability” be defined for purposes of this law. “The [...]

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Regulated Medical Waste

With regulated medical waste, you have both federal considerations (OSHA) and state regulations. It is best if you keep a copy of your contract with your private waste company and a list of dates of pick-ups for all of your regulated medical waste. Keep it handy in the office so you [...]

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The Impaired Physician

Every state has regulations against impaired physicians. The key is if you get yourself in a program recognized by your state BEFORE you hurt anyone! Read that sentence carefully. There are really two parts: A recognized rehabilitation program by your state and Prior to your hurting ANYONE- a patient or someone [...]

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The Standard of Care

The Standard of Care is a legal concept in the law of negligence. It is defined by Black’s Law Dictionary as: “that degree of care which a reasonably prudent person should exercise in same or similar circumstances.”. In professional malpractice, you would exchange prudent person to prudent practitioner of like specialty [...]

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Recording Negative Findings

A topic that comes up many times is the subject of recording negative findings in one’s medical records. I would like a nickel for every time a client states that they only record positive findings. Say a patient denies an allergy to penicillin but it is not recorded. The patient is [...]

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Handwriting

I review medical charts on a regular basis as part of my job. Many private offices still use handwritten charts. It is totally acceptable. However, what is not acceptable is illegible handwriting. A recent study showed more than 15% of all words written were illegible. This can result in mistakes in [...]

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Reopening Template

To all medical providers who are now opened or are about to open, many states, including New York, require a written safety plan. Federally, a plan is required, but nothing is said about it being written or not. For your own protection, I suggest your plan be written. It need not [...]

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