Can you prescribe for family? What happens if a payer demands a refund three years later? Our Legal Blogs tackle routine yet critical issues—self-prescribing, contract renewals, sham peer review defenses, and medical record ownership—using real complaints, board orders, and court opinions as teaching tools.
When an appellate court clarifies peer-review immunity or a state supreme court limits punitive damages, we translate the opinion into practical next steps: adjust bylaws language, revisit informed-consent language, or refine incident-reporting practices. Posts avoid dense legalese and focus on how rulings might influence documentation, credentialing, and professional liability.
From negotiating call-coverage stipends to spotting restrictive non-compete clauses, articles guide physicians through employment and partnership contracts. We also examine corporate-practice-of-medicine rules, covering management-service agreements, fee-splitting prohibitions, and telemedicine ownership structures.
The blog discusses board investigations stemming from social-media missteps, substance-use allegations, and documentation irregularities. We help physicians respond promptly, assemble supportive records, and protect due-process rights.
Expect discussions of Stark, Anti-Kickback Statute safe harbors, Medicare enrollment revocations, and false-claims liability—presented with examples relevant to office-based specialists and hospital-employed physicians alike.
Medical records can be used for offense. They can be used for defense. If a patient sues YOU for medical malpractice, all of their records are fair game (or at least most of their records). A plaintiff cannot use the medical record as both a sword and a shield. What if a plaintiff is suing … 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
Guest Blog Post by Dr. Noah Kaufman When an attorney contacts me for the first time, I usually try to request a blind review up front. Sometimes, unknowing attorneys will let the cat out of the bag in their initial phone call or email, but an expert always has more credibility when they can honestly … 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
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
We all periodically blow off steam. In a high stress medical practice, not all patients are delighted with their care. Or service. Or cost. Or parking. The list is long. They may make their unhappiness known by raising their voice in person or on the phone. Writing rotten reviews. And more. Often the problem is … Read more
Most physicians have a single medical license allowing them to practice in one state. Still, one can collect quite an assortment of licenses. There are 50 states in the United States. There’s the District of Columbia. And five inhabited territories (American Samoa, Guam, Puerto Rico, US Virgin Islands, and Northern Mariana Islands). Do the math. … Read more
On January 7, 2025, plastic surgeon Dr. Elisabeth Potter posted a video claiming that UnitedHealthcare called her mid-surgery to justify an inpatient stay for a breast cancer patient receiving reconstructive surgery. Dr. Potter posted on X.com: On January 13th, counsel for United Healthcare sent Dr. Potter an unpleasant letter. “Re: Your Defamatory TikTok and Instagram … Read more
Remember Stormy Daniels? This post is not about her, but her attorney, Michael Avenatti. And a case he propelled against Nike. He is incarcerated for felony fraud and extortion. There’s a fine line between aggressive demand letters and extortion. In [the] federal court complaint filed in the Southern District of New York, the government accuse[d] … Read more
