Medical Malpractice Legal Briefs

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Medical Malpractice Legal Briefs

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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IME’s and Legal Risk

Many physicians perform IMEs. In some cases, physicians make a good percentage of their income from them. Make no mistake, although the examinees are not your patients, they can make plenty of trouble. Recently, there have been cases reported to the medical board, which we are defending, of dissatisfied examinees complaining [...]

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The HHS and Opioid Tapering

The HHS has just released an article on Appropriate Dosage Reduction or Discontinuation of Long-Term Opioid Analgesics. This “advice” is meant for all practitioners involved with the care and treatment for patients on opioids for non-acute situations. They do NOT recommend rapid tapering short of a life-threatening risk. They DO recommend [...]

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PTSD

Yesterday, I attended a most informative lecture on PTSD, Traumatic Brain Injuries and Veterans Mental Health. It was a real eye-opener. All healthcare professionals should be on the look-out for patients with PTSD symptoms, and if necessary, refer to the appropriate healthcare professional for treatment. For more information, go to www.ptsd.va.gov/professional/continuing_ed/index.asp. [...]

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HIPPA for Release of Records?

I have often received this question from health care providers: A patient wants a copy of her records. The provider seems to think that due to HIPAA, he has to have her sign a release or HIPAA form. Not true. A person can request a copy of their own records with [...]

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Risks to the Physician for Unlicensed Staff Providing Home Care

You work for a referral service that provides various types of medical personnel to give at-home care to patients. You become aware that your service is providing personnel without the appropriate license to perform medical treatment on patients. If you do nothing about it, most state boards can and will discipline [...]

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How do other state’s case law malpractice rulings impact New York?

Clients will often inform me of a case from a remote state and think that it is case law in the state they are in. That is not the case! In order for a case to have an impact on the state where the case is located, the case usually has [...]

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