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.
A 30-gauge needle pierced a patient’s eyeball during an elective procedure. The doctor advised the patient all was well and sent her home. She returned a short time later with rapidly deteriorating vision. She was ultimately rendered blind in that eye. Was the surgeon at fault? Or was his scrub tech to blame? It’s a … Read more
Dear readers, based on your long experience with health insurance carriers, what is the likely answer to these questions? Insurance carriers generally prod doctors to do more tests or fewer tests? Would a carrier ever “discipline” a doctor for exercising his reasonable judgment to limit the number of tests before his patient is discharged? Assuming … Read more
We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through the eyes of a malpractice plaintiff’s attorney. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do … Read more
Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool … Read more
What does it mean to be dead? You’d think the answer to that question is binary. You are, or you are not dead. But the fact is every state in the US determines death differently. And when it comes to brain death specifically, the subtle differences can have major consequences for doctors, patients, and their families. This was a challenge … Read more
We continue with our series of general educational articles penned by one attorney, an MD, JD, giving you a view of the world through a malpractice plaintiff attorney’s eyes. This attorney is a seasoned veteran. The series includes a number of pearls on how to stay out of harm’s way. While I do not necessarily … Read more
A practice recently called us. They asked if they had to see a patient who just tried to schedule an appointment. The rub: the last time they saw this patient was five years ago. They wanted to know if enough time had lapsed to declare the doctor-patient relationship legally terminated. But there’s more to this … Read more
In America, we seem operate to under two modes – complacency or crisis. Not much in between. Everything’s OK until it’s not. Then we convene after the fact commissions to point fingers and prevent the same problem we missed. Remember the Rogers Commission to analyze the Challenger accident? The 9/11 Commission? Is the COVID-19 Commission … Read more
There are reportedly 1082 atoms in the universe. I have no idea how that estimate was made. To me, there are an equal number of stories of people/entities who try to do the right thing, only to later get burned. Like CVS Pharmacy. “A federal judge has approved a $15 million settlement in a class … Read more
It is not uncommon for patients to develop romantic feelings for their doctors. Managing these emotions is critical. When these emotions are mismanaged, bad outcomes often result. A family practice doctor was treating a husband and his wife for an assortment of challenges. To make a long story short – the patient’s wife (who was also … Read more
