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
Patient Asks for Their Records. What Must You Provide? What Can You Withhold?
If a patient asks for their records, according to HIPAA, what records must you provide? According to HIPAA you need to send the patient their medical (dental) records. And within 30 days in the format they want. Some states, such as California, have an accelerated … Read more
4 Ways Medical Justice Protects Doctors
As a physician practicing in 2025, protecting yourself from medico-legal threats is a no-brainer, no matter your practice area. You need to make sure that your reputation is shielded from unhappy patients leaving defamatory reviews, that your paper agreements with patients contain basic protections from … Read more
Professional Liability Policies: What is a Hammer Clause?
Most doctors are aware of what is meant by a “consent to settle” policy. With such language, the carrier will not settle a claim without your explicit written consent. Once you provide such consent, the carrier will make a decision. Settle for an amount it … Read more
Is It a Medical Malpractice Claim, or a Premises Liability Claim?
A patient slips in your office. Do you turn it over to your general liability insurance carrier or your professional liability carrier? Or both? Of course, the devil is in the details. Such cases will have different trajectories. If a professional liability claim, the plaintiff … Read more
Can a Patient Sign a Waiver Related to Any Future Liability for an Upcoming Case?
Can a patient sign away their rights to sue you in the future for a case that will be performed in the future? Let’s go down memory lane. Back to 1963. Tunkl v. Regents of the University of California. The University of California at Los … Read more
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