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Medical Malpractice Legal Briefs

HOMENews & EventsMedical Malpractice Legal Briefs

Medical Malpractice Legal Briefs

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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Avoid confusion – Violations are not misdemeanors

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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Medical Charting

I have always been a fan of history. As part of my Civil War studies, I have had occasion to review the medical records produced by Union Army surgeons. They would work all day amputating limbs. Terrible work, often performed in the intense heat and the frigid cold in tents. These [...]

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Keeping Stuff

Many of my clients tell me about documents that prove their point, whatever the point may be. However, when it comes time to retrieving that document, somehow, it is missing. I advise you all to have scanners available and use them. They are cheap enough. The All-in-one printer/copier/scanner/fax machines are now [...]

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Witness Preparation

Most of my readers, sometime in the medical career, will be a witness in some kind of administrative or judicial procedure. It might be a malpractice action, where you are the defendant, it might be an administrative action where your license might be in jeopardy. Most often, it will be for [...]

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