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.
Dr. David Diffine, an Arkansas family physician, was also known as “Dr. Naturist.” In January 2024, the Arkansas State Medical Board received a complaint regarding his “naturist activities”—namely, photo posts of himself nude on social media. The board took no immediate action, choosing instead to preserve the documentation on file. 2025 – License Revocation What … Read more
Not all relationships are meant to last forever. If you terminate a doctor-patient relationship, you shouldn’t do so in the middle of a treatment plan. And generally, you are required to continue care for 30 days or until the patient finds another provider, whichever comes first. And you should make records available to the new doctor. And provide general information on how to find a new doctor … 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
The consequences of a lawsuit, licensing board complaint, or online attack can extend far beyond the exam room and impact your livelihood, reputation, and emotional well-being. Even the most skilled, well-intentioned physicians face legal exposure in today’s litigious healthcare climate. Medical Justice specializes in helping doctors prevent and de-escalate medico-legal threats before they spiral out … 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
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
My first job was in California. That was a long time ago. I practiced there for about 3 years. Then I moved. My California medical license terminated. I can’t remember if I sent a note to the Medical Board of California (MBC), or just did not renew my application. It was a long time ago. … Read more
