Short answer: usually no. Longer answer: only if it’s enforceable where you live, you’re getting something meaningful for the restriction, and the terms are so narrow they won’t kneecap patient care, your options—or your career. A few realities: Bottom line: if you’re leaving to start your own practice, my default is don’t sign a new … Read more
If your medical license is subject to discipline in one state, reciprocal discipline can be meted out in other states in which you hold a license. New York is no exception. No surprise there. If one state slaps you on the wrist, NY can do likewise, assuming the underlying offense would be sanctionable in NY. … Read more
It’s not uncommon for a physician to be employed by a healthcare system. If he or she is sued, many parties will likely also be sued. Including the hospital employer. The hospital might be sued for indirect liability, such as negligent credentialing or negligent hiring. Or it may be sued for direct liability, for example, … Read more
Doctors are healers. We want to deliver good news. “That worrisome PSA test was a false positive.” “Your breast biopsy was negative.” “You are responding to the treatment.” You get to share high-fives with your patient. That’s one of the reasons you went into medicine. But biology doesn’t always cooperate. You may have given it … Read more
A Medical Justice member recently asked a simple question with a complicated answer: “If CMS pulls my billing, am I ‘excluded’? And is that the same as the Medicare preclusion list?” Close cousins, not identical twins. Here’s the field guide I wish more practices kept on the bulletin board. Quick Definitions in Plain English OIG … Read more
I get more than my fair share of calls from doctors expressing buyer’s remorse. They sold their practice to private equity (PE). They may have received a large check, with the expectation of more money down the road, if they can stay the course. Or they may have received a small check and lots of … Read more
I occasionally get calls from physicians in the middle of litigation, asking whether they can shield vulnerable assets in the event they lose their professional liability case. Such doctors may not have professional liability coverage. Or they may be underinsured, for example, having limits of $200k or $250k. Or they may want their day in … Read more
It’s difficult for doctors to prevail in defamation lawsuits against patients who post nasty online reviews. It’s not impossible. Just difficult. To prevail, the doctor must demonstrate the statement was false, disseminated to an audience, and damaged reputation. Finally, if the court rules it was not a false statement, just an opinion, the doctor will … Read more
A medical group sends over a “standard” agreement. Buried mid-paragraph is one sentence that could turn a routine credentialing hiccup into a personal bankruptcy event. I’m talking about indemnification language. Harmless at first glance. Radioactive in practice. What is indemnification? Indemnification is a contractual obligation where one party (the indemnitor) agrees to compensate the other … Read more
Physicians are territorial with honorifics. A patient hears “Dr. Smith” and silently fills in the rest—medical school, residency, board certification. That assumption sits at the center of a fresh federal ruling in California. On September 19, 2025, a federal judge in the Central District of California upheld the state’s long-standing restriction on using “doctor”/“Dr.” in … Read more
