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Medical Malpractice Legal Briefs

HOMENews & EventsMedical Malpractice Legal Briefs

Medical Malpractice Legal Briefs

CDC Guideline for Chronic Pain and Prescribing Opioids

The CDC has advised of "misapplication" of the CDC Guideline for Chronic Pain and Prescribing Opioids. It states in part: "When opioids are started, clinicians should prescribe the lowest effective dosage. Clinicians should avoid increasing dosage to 90 or more morphine equivalent units per day. The recommendation statement does not suggest [...]

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A patient falls while leaving the office. Is it Medical Malpractice?

If a patient falls while leaving the office and injures herself, is it medical malpractice? I hate to sound like an attorney, but it depends. If the patient was discharged after anesthesia and was unsteady on her feet, maybe. If the doctor’s medical assistant negligently helped the patient off the examining [...]

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Preferred Practice Guidelines Concerning Professional Licensure

I have recently been inundated with comments about an article that I wrote. It was published by a major magazine concerning the applicability of various Preferred Practice Guidelines concerning professional licensure and disciplinary actions. While it might make a practitioner feel better to moan over the guidelines sustaining “cook book” medicine, [...]

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Unscheduled Office Visits

Two investigators flashing badges come unannounced and unscheduled to visit your office. What should you do? If they do not have a warrant to search, be polite, but ask them to leave the premises. Inform them that you have an attorney and your attorney will be happy to contact them. Ask [...]

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Should you report a violation?

I have had several clients who have run afoul of a statute, that upon examination was a “violation” not a misdemeanor. In such a case, you have not been convicted of a “crime”. A violation is akin to a parking ticket. Why is this important? When you are completing credentialing applications, [...]

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Prescribing Opioids

“The Feds” are now computing batting averages for those who prescribe for opioids. For those who prescribe opioids, beware that big data enables the government to compute what your average morphine equivalent dose prescription is. This in turn, alerts them as to possible problems in your prescribing patterns. Just one more [...]

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Sign your health insurance company claims forms

Please do not forget to sign your HCFA forms, electronically or otherwise. It must be a valid signature or else the government, under the False Claims Act can claim fraud! A substitute signature is NOT valid! This was just recently decided by a federal district court in US ex rel Kelly [...]

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The Federal Government and Opioid Prescriptions

About 70,000 Part D Medicare beneficiaries receive greater or equal to 90 Morphine Equivalent Dosage on a daily basis. This is an "extreme" dosage according to the CDC. The scoop from the Feds is that you should attempt to taper this group's dosage! Your charts must reflect the taper attempts. The [...]

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Saving Important Documents

Do you routinely throw out letters from your insurance companies? I am talking about all kinds of insurance. Do you not save your old medical malpractice insurance policies? Start saving these letters and emails immediately. Scan it, take a picture or file a hard copy, but save them. The information that [...]

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Malpractice and Licensure Action

No malpractice does not mean no licensure action. Please remember that a poor outcome does not necessarily equate to medical malpractice. A potential injury does not usually equate to actual damages in a malpractice suit. However, if a physician "got lucky" and his/her negligent actions did not damage a patient, that [...]

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