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
Remember diagramming sentences in your youth? Too soon. The tools lawyers use are words and punctuation to transmit intended meaning. One reason contracts are so long is to avoid ambiguity. Enter the Oxford comma. What is it? [T]he Oxford comma – or serial comma – is the last in a list of three or more … Read more
Can You Store Protected Health Information on iCloud? No. The information stored on a cloud provider must be transported to and stored securely. How secure? Reasonably secure. iCloud likely meets that test. In addition, there must be a signed Business Associate Agreement (BAA) in place before Protected Health Information PHI is transferred between organizations. This … Read more
In making investments, mutual funds note that past performance is not always an indicator of future performance. Which brings us to the case of Raynaldo Riviera Ortiz Jr., a Dallas-based anesthesiologist. On November 20, 2024, he was sentenced to 190 years in prison. Why? A jury determined he injected dangerous drugs into patient IV bags, … Read more
If a doctor is in-network with an insurance company and the patient wants a refund for what they paid out of pocket, what are the mechanics of the transaction? Here, you likely have more than two parties. You have the patient and the physician, of course. You also have an insurance carrier. I’ll explain. First … Read more
If a patient asks for their records, according to HIPAA, what records must you provide? According to HIPAA you need to send the patient their medical (dental) records. And within 30 days in the format they want. Some states, such as California, have an accelerated timeline of 15 days. OK, so, what are “patient records?” … Read more
Most doctors are aware of what is meant by a “consent to settle” policy. With such language, the carrier will not settle a claim without your explicit written consent. Once you provide such consent, the carrier will make a decision. Settle for an amount it can live with. Or defend the case. If you provide … Read more
A patient slips in your office. Do you turn it over to your general liability insurance carrier or your professional liability carrier? Or both? Of course, the devil is in the details. Such cases will have different trajectories. If a professional liability claim, the plaintiff will generally need to secure an expert to prove you … Read more
Can a patient sign away their rights to sue you in the future for a case that will be performed in the future? Let’s go down memory lane. Back to 1963. Tunkl v. Regents of the University of California. The University of California at Los Angeles Medical Center admitted Tunkl as a patient on June … Read more
Physicians sometimes have to say no to patient requests. Often, the “No” with an explanation suffices. The patient gets it. They understand. They’re not angry. In fact, they may be appreciative. But not always. Sometimes “No” is followed by denial, anger, bargaining, depression, etc. Sound familiar? How one says “No” matters as much as what … Read more
