Living wills (advance directives) help physicians navigate thorny healthcare decisions – particularly with respect to how much care is desired. And delivered. A “living will” (LST) is a legal document that outlines a person’s preferences for medical treatment in the event they become incapacitated and unable to communicate their wishes, detailing which life-sustaining treatments they want … Read more
The North Carolina Medical Board just proposed a revision to its current policy on self-treatment and prescribing to family members. It does not look dramatically different from prior policy statements. The updated policy draft was posted for comments (below). Not surprisingly, our colleagues have strong opinions. One commenter wrote: “This is my position that physicians … Read more
Can ChatGPT craft a legal demand letter? Yes. A Medical Justice member on the west coast recently received a legal demand letter. I cannot prove it was crafted by a large language model. But it does not appear to have been written by a lawyer. At all. Some background. A plastic surgeon performed a breast … Read more
Stem cells offer tremendous promise. Some clinicians have put the cart before the horse, selling the treatments after making bold claims. There’s a lot of money to be made servicing the demand. Here, the Federal Trade Commission and Georgia Attorney General said enough is enough. This is how the case was captioned. CIVIL ACTION NO. … Read more
Physicians regularly complete new and renewal applications for all sorts of things. Medical licenses. Hospital privileges. Employment. In-network status with insurance carriers. Professional liability coverage. The list is long. The longer you have been in practice, the more complicated the applications. The questions cast a wide net. As exemplified in an Ohio Appellate case, Zedaker … Read more
Utah’s new law on informed consent & transgender care for minors may have unintended consequences for surgeons Buyer’s remorse. We’ve all had it. Who hasn’t wanted a do-over? Assorted states acknowledge it. In North Carolina, certain purchases trigger a “right to cancel.” There are others. These made the list because the Attorney General’s office received … Read more
America is the land of second chances. Many years ago, if you could not pay your debts, you could be moved to a debtor’s prison. Even in the US. Many Colonial American jurisdictions established debtors’ prisons using the same models used in Great Britain. James Wilson, a signatory to the Declaration of Independence, spent some … 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
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
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
