Most physicians are generally aware that a patient has a fixed amount of time to file a lawsuit. If not filed, then the patient, now a plaintiff, loses that right. There are two “statutes” that set the clock. The first is statute of limitations. There, the clock starts running when the injury is discovered or … Read more
Referrals are a standard part of medical care. Whether it’s sending a patient to a specialist, an imaging center, or a surgical facility, referrals happen thousands of times a day. But what happens when a patient is unhappy with the person or place you referred them to? Can that dissatisfaction morph into a lawsuit… against … Read more
Artificial Intelligence (AI) is everywhere. It’s being used to transcribe visits, summarize research, draft letters, and more. Some say it’s the future of medicine. Others say it’s the Wild West. A question I’ve been asked more than once:“If I use AI in my practice, can I get sued?” Short answer: Yes. But let’s unpack that. … Read more
As per HIPAA, a covered entity cannot disclose protected health information unless the referenced patient (or guardian/representative) gives authorization. Or there’s an exception to that requirement. So, what IS protected health information (PHI)? Protected health information is information, including demographic information, which relates to: For example, a medical record, laboratory report, or hospital bill would … Read more
HIPAA is not a “set it and forget it” rulebook. It’s a living framework that evolves as technology changes, as patient expectations shift, and as regulators redefine what qualifies as protected health information (PHI). Even if you haven’t touched your privacy policies in years, you might still be violating HIPAA today—without realizing it. Let’s look … Read more
If you’re employed by a hospital or health system, there’s a good chance malpractice coverage is part of the package. On the surface, that sounds reassuring. But it’s worth taking a closer look at what that coverage actually means for you. Who does the policy really protect? Most institutional malpractice policies are structured to protect … Read more
Not all relationships are designed to last forever. Some relationships end in divorce. Some doctor-patient relationships need to be terminated. The guiding principle for terminating a doctor-patient relationship is to give 30 days’ notice, make records available to the patient, and give them a reasonable alternative for follow-up care. Following this road map helps defend … Read more
You’re in the middle of a busy clinic when federal agents walk through your front door. They flash their badges. “We’re from ICE,” one says. “We’re looking for someone.” Do you let them in? It’s a question that makes every physician and practice manager pause—not because anyone is hiding fugitives, but because we live in … Read more
Attorneys sometimes use the media to direct public pressure on defendants to settle cases that never should have been filed. These are weak cases. Strong cases generally work the way through the court system. Strong cases do not need the media to distract. Weak cases do. In one recent case, a post-surgical patient experienced wound … Read more
Most physicians in the US carry $1M in professional liability coverage. That works for most situations. Does that mean a patient, now a plaintiff, will not attempt to sue for more, putting your personal assets at risk? No. In most states, patients can sue for economic damages and non-economic damages. Economic damages include lost wages, … Read more
