Can an Alleged Sexual Assault be Characterized as Medical Malpractice?
Professional liability policies include a list of exclusions. It will not pay out for such exclusions. One exclusion related to a contention of “Sexual Conduct.” Exclusion: “Liability arising from any Claim that includes contentions or descriptions of Sexual Conduct by you or anyone for whom … Read more
Unintended Consequences: Getting Burned on Informed Consent Many Years Later
Utah’s new law on informed consent & transgender care for minors may have unintended consequences for surgeons Buyer’s remorse. We’ve all had it. Who hasn’t wanted a do-over? Assorted states acknowledge it. In North Carolina, certain purchases trigger a “right to cancel.” There are others. … Read more
Review-Building Software: eMerit vs. Birdeye, Weave, DearDoc, & Others
If you are a physician trying to protect your medical practice from false claims online and to bolster your reputation, you have several review-building program options—eMerit from Medical Justice (that’s us!), Birdeye, Weave, and Reputation Defender are some of the big ones. eMerit vs. Other … Read more
Physicians and Bankruptcy
America is the land of second chances. Many years ago, if you could not pay your debts, you could be moved to a debtor’s prison. Even in the US. Many Colonial American jurisdictions established debtors’ prisons using the same models used in Great Britain. James … Read more
When a New Patient Asks You About an Old Malpractice Lawsuit
Medical malpractice lawsuits are public records. And sometimes they make the news. Sometimes they’re online. If a case was filed in court, it’s accessible to the public. (Arbitration agreements, on the other hand, are private matters. That’s another story for another day.) Say you’ve scheduled … Read more
So, My Mother Can’t Review Me Online?
On August 14, 2024, the Federal Trade Commission (“FTC”) published its long-anticipated Final Rule on the Use of Consumer Reviews and Testimonials (“Final Rule”), marking a significant development in the regulation of online reviews and endorsements (16 CFR Part 465). One section is labeled § 465.5 … Read more
Reporting Settlements to the Board of Medicine: The Role of the Oxford Comma
Remember diagramming sentences in your youth? Too soon. The tools lawyers use are words and punctuation to transmit intended meaning. One reason contracts are so long is to avoid ambiguity. Enter the Oxford comma. What is it? [T]he Oxford comma – or serial comma – … Read more
Can you store protected health information on iCloud?
Can You Store Protected Health Information on iCloud? No. The information stored on a cloud provider must be transported to and stored securely. How secure? Reasonably secure. iCloud likely meets that test. In addition, there must be a signed Business Associate Agreement (BAA) in place … Read more
Past Performance is Sometimes a Predictor of Future Performance: A Doctor “Engages in Conduct Tantamount to Attempted Murder”
In making investments, mutual funds note that past performance is not always an indicator of future performance. Which brings us to the case of Raynaldo Riviera Ortiz Jr., a Dallas-based anesthesiologist. On November 20, 2024, he was sentenced to 190 years in prison. Why? A … Read more
Rules on Refunds if MD is Paid by Both the Patient and Insurance
If a doctor is in-network with an insurance company and the patient wants a refund for what they paid out of pocket, what are the mechanics of the transaction? Here, you likely have more than two parties. You have the patient and the physician, of … Read more
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