Male doctor holding his two children

Prescribing for Yourself, Prescribing for Your Family: A Medico-Legal Thicket

The North Carolina Medical Board just proposed a revision to its current policy on self-treatment and prescribing to family members. It does not look dramatically different from prior policy statements. The updated policy draft was posted for comments (below). Not surprisingly, our colleagues have strong opinions.   One commenter wrote:  “This is my position that physicians … Read more

Judge looking at a document before making a decision

Court Rebukes HHS, Ruling it Over-Reached with HIPAA and New Edicts on Tracking Technology

The Department of Health and Human Services (HHS) issued a guidance document called Online Tracking Bulletin. It then revised that document. The AHA, joined by the Texas Hospital Association, Texas Health Resources, and United Regional Health Care System, sued in November 2023 arguing that HHS over-reached and that the bulletin was unlawful.  This was not … Read more

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

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