Medical Malpractice Legal Briefs

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Medical Malpractice Legal Briefs

Addressing a Potential HIPAA Violation

In upstate New York, an insurance company is demanding computer access to all their panel providers. They are claiming that they are entitled to it as all of their subscribers have given permission. The problem is, is that they are demanding total access, which would include access to other patients that [...]

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Patient Records

Many times, state and federal agencies will ask for patient records. Many health care providers do not include consult reports, other medical records, including prior records, that are part of your patient chart. That is a major mistake. The authorities should know that you were quite aware of these other records [...]

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Conversing with Government Authorities and Insurance Companies

This week, I think it is important to state that if you get a phone call from a governmental authority or a insurance company, attempt to keep the conversation pleasant. Rants, raves and threats will never help you. This seems so obvious, but the government is not afraid of you. Neither [...]

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Employment Contract Review

When I talk with senior residents about their employment contracts, their number one concern is invariably, what they are getting paid. There are many parts to an employment contract. What kind of malpractice insurance, if any is being provided? Does it cover me for my patients I saw if they sue [...]

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CPOM

Plumbers can be partners in business with pool builders. Flooring people can be partners with painters. However, physicians, in most states, may not be partners with non-physicians in a medical practice. The theory is, is that the government does not want non-physicians profiting off of someone else’s medical degree; it might [...]

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Record Requests

I am often astounded when physicians and other healthcare providers tell me that they routinely ignore record requests. No need for any attorneys they say. They start digging the hole that as their attorney, I must help dig them out of. Record requests should NOT be ignored! Of course, the source [...]

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Dates and Times of Medical Materials

Wake up! It is now 2020. Run, do not walk, to your office, facility, clinic or hospital, and check the dates on ALL of your samples, medications, syringes, sterile gauze, oxygen tanks, fire extinguishers. Make a concerted effort to find the expiration date. We all know that they are not real [...]

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Your Practice Model and Anti-Kickback Laws

Is your present practice model legal? If the other medical professionals that work for you are legitimate employees, they may be compensated on a percentage basis. A written employment contract with them is preferred. If they are independent contractors and working on a percentage collected basis, that is probably a violation [...]

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Legal Brief – Restrictive Covenants

When leaving your current job, you should have your employment contract reviewed by a healthcare attorney to know that you can and cannot do. Often, there is a restrictive covenant that restricts where you can practice for a length of time. If you have been let go without cause, many states [...]

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Legal Brief – End of the Year Checklist

Here is an end of year checklist for you: Make sure your license registration is up to date. Check to see if any required continuing education hours are completed. Do not ignore specific requirements such as diversity hours, opioid seminars and child abuse recognition education. Each state differs. Make sure your [...]

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