Male physician filling out renewal application

To Disclose or Not to Disclose on Renewal Application. That is the Question.

Physicians regularly complete new and renewal applications for all sorts of things. Medical licenses. Hospital privileges. Employment. In-network status with insurance carriers. Professional liability coverage.   The list is long.  The longer you have been in practice, the more complicated the applications.   The questions cast a wide net. As exemplified in an Ohio Appellate case, Zedaker … Read more

Female patient shaking hands with another female physical

The Perks of Being a Physician

It’s not easy being a physician. I won’t catalogue the challenges here. As Frank Sinatra once pined in “My Way”,  “Regrets, I’ve had a few.”  He continued,   “But then again, too few to mention.”  One of the main “perks” becomes obvious when you are sick. Or a loved one becomes sick. Or a friend or … Read more

Faceless male physician holding hands with young female patient

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 you may be legally responsible.”  That policy defines Sexual Conduct … Read more

Male surgeon talking to teenage girl in operating room

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.   These made the list because the Attorney General’s office received … Read more

Frowning male physician in a dark room after filing for bankruptcy

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 Wilson, a signatory to the Declaration of Independence, spent some … Read more

Male doctor having conversation with new patient

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 a surgery on a new patient. You go over the … Read more

Young male physician showing his mother how to leave him a positive review on Google

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 Insider Consumer Reviews and Consumer Testimonials. It discusses whether officers … Read more

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