Many of my readers have occasion to sign employment contracts. They are either the employer or employee. I often hear that it is easier and cheaper to simply copy a contract from the internet than use a health care attorney. Actually, it might wind up being considerably more expensive. Contract law [...]
continue readingAll healthcare practitioners must beware when they agree to settle a medical malpractice action. Any settlement is sent to the National Practitioner Data Base. This is monitored by all of the state’s professional licensure bodies. When settled for a relatively high amount of money, it may trigger an investigation by your [...]
continue readingMany 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 [...]
continue readingHealth 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 [...]
continue readingI 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, [...]
continue readingSince 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 [...]
continue readingWith 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 [...]
continue readingEvery 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 [...]
continue readingThe 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 [...]
continue readingA 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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