Professional liability suits are about collecting money. At least that is a main goal. Money from the doctor’s insurance carrier. Or if the verdict is over policy limits, or if you are not covered, then money from the doctor’s personal assets. If the doctor “has no money” then this process might be an exercise in futility. Bankruptcy is the process of discharging debts. … Read more
Most physicians know the requirements that must be met when terminating the doctor-patient relationship. The requirements must be satisfied to avoid a charge of abandonment with a medical board. You must give the patient sufficient time to find another doctor. The language often reads as “we remain available to treat you for urgent or emergent conditions related to our … Read more
Non-compete agreements work for the employer. They don’t really make the employee’s life easier. I understand the rationale. The employer invests heavily in a new recruit. This individual will be a loss-leader for a while. The employer built the practice. The employer believes he built the employee’s practice. And showed the employee all the tricks needed to be successful. It would be maddening for this employee to leave after 9 … Read more
A Board complaint can evolve into an investigation. An investigation can evolve into charges being filed. Once filed, your license is at risk. The Medical Board may offer an agreement in lieu of a hearing. The agreement would stipulate terms and conditions. The ostensible carrot is that you’d be bargaining for a certain outcome with terms you can live with. On the other hand, you’d be … Read more
Medicine is highly regulated. If you have the misfortune of being convicted and imprisoned, is there a path back to practicing medicine? I have had clients who served time in prison. They are now gainfully employed in the practice of medicine. So, the answer is yes, it IS possible. But it’s not guaranteed. Or easy. Let’s start with … Read more
New HIPAA Requirements for Substance Use Disorder Privacy Protections On recent visits to see my physicians, I’m asked to use an electronic pen to sign a pad “about HIPAA.” I have no idea what I’m signing. I’m not shown the document, though I assume if I asked, the receptionist would grudgingly find a copy. One … Read more
You do not need to be board-certified in your specialty to practice medicine. But you do need to be board certified to obtain initial licensure though the Interstate Medical Licensure Compact. You do not need to be board-certified in your specialty to participate in plain-vanilla Medicare. But you do need to be board certified to … Read more
It’s one thing to handle a negative review from a patient. It’s another when the attack comes from a former employee. The damage can be personal, professional, and lasting—and it often tempts physicians to respond in kind. Resist that temptation. There’s a better way forward. The first step is confirming the source. Online comments can … Read more
Payers don’t always play fair. Many physicians have stared at their reimbursement statements wondering how they’re being paid less than what was promised—or not being paid at all for services clearly covered under contract. So, can you sue a payer if you believe they’ve breached the agreement? Yes, but litigation is not always the first … Read more
The scene is familiar. Call light chimes, a flight attendant looks worried, the cabin PA asks for medical help. Some physicians stand up immediately. Others do a quick internal audit in their brain, scope the problem, and guess the tools available, legal risk, and calculate whether that second glass of cabernet was a good idea. … Read more
