Legal

The National Practitioner Data Bank (NPDB) is a federal repository of information detailing specific actions against healthcare providers. It includes settlements and judgments paid by an insurance carrier in your name (you being the defendant). It includes disciplinary actions by state licensing boards, including public letters of reprimand, probation, suspension, and revocations. It includes adverse … Read more

One Medical Justice member recently wrote about a patient pulling out their phone in the middle of a consultation. Then they started recording. This physician works in New York. The practice was reasonably concerned the patient might use this recording for less than honorable purposes. They asked for guidance.  New York is a one-party recording … Read more

Gilead is a biotechnology company that develops and distributes HIV treatments. Its compounds have saved and extended countless lives.  Gilead is being sued in California by HIV patients for not timely developing a new drug.   Some background.  Gilead manufactured and marketed its HIV/AIDS drug, tenofovir disoproxil fumarate (TDF) since 2001.   Gilead was working on “a … Read more

Doctors fight tooth and nail to avoid being reported to the National Practitioner Data Bank (NPDB). With good reason. If you want to apply for a new job, a new medical license, new hospital privileges, new network status with insurance carriers, or new coverage with a professional liability carrier, a stain on your otherwise clean … Read more

We have a federal system, where states make their own rules regarding the practice of medicine.  One criticism is that doctors can be disciplined in one state, move, then get a fresh start in another. The National Practitioner Data bank was designed to serve as a repository of information to make it harder for such … Read more

The peer review process can get heated. As can hospital banter. An Arizona appellate court case highlighted the protections inherent in peer review, as well as the steep climb to prevailing in a defamation lawsuit. The allegation. Dr. G, the chair of cardiology, made damaging false statements when he told another cardiologist that Dr. S … Read more

Being a patient is sometimes stressful. Sometimes, that stress manifests as “bad behavior.” Raising one’s voice at office staff. Sending a nasty email. A sarcastic remark. If it’s an isolated event – a one-off – most practices just shrug it off. Anyone can have a bad day. If one bad day is now many bad … Read more

Banuelos v. University of Wisconsin Hospitals and Clinics…, 406 Wis.2d 439 (2023) is best explained by the truism that lawyers have children in college. And tuition plus room and board is expensive. The bills will get paid. Beatriz Banuelos requested her medical records from University of Wisconsin Hospital. She submitted a signed request and asked … Read more

Non-compete agreements are a double-edged sword. For employers bringing on new employees, they invest in their new hires. They want their new hire to succeed. They do not want that person to build a practice, then leave, go across the street, and compete. For employees, the non-compete agreement is very limiting. If the job does … Read more

Payments for medical malpractice are reportable to the National Practitioner Data Bank (NPDB). Losing your medical license is reportable to the NPDB. What about Performance Improvement Plans (PIP)? Are they reportable to the NPDB? Let’s start with what a PIP is. A performance improvement plan is a document that communicates with an employee their job-specific … Read more