Medical Malpractice Legal Briefs

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Medical Malpractice Legal Briefs

Staying Productive and Efficient during the COVID-19 Pandemic

As we all deal with the sequelae of COVID-19, some of us might find extra time due to patient cancellations. If that occurs, use that time to catch up on your administrative chores. Get current on your dictation. Check your billing codes, examine your day sheets for irregularities. Go from treatment [...]

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Infection Control in the Medical Office

With the real and perceived threat from the coronavirus, influenza, and other infectious diseases, it is important for healthcare practitioners to set an example for their patients. I would recommend that the practitioner make a real effort to wash his or her hands in front of the patient.  Further, have either [...]

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Dismissing a Patient from your Practice

When dismissing a patient from your practice, give that patient days to obtain another healthcare provider. If you will not provide your patient with at least two other names of local practitioners, refer them to the local medical society for a referral. The letter should include verbiage allowing the patient to [...]

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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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