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.
We spend our careers caring for our patients and providing for our families. But how often do we stop to protect what we’ve earned? Not enough – which is a problem. It’s much easier to protect what you’ve earned than to earn it again. And catastrophes can divorce you from the assets you trust to … Read more
Comedy is when you fall through an open manhole. Tragedy is when I fall through an open manhole. It’s an old joke and a helpful segue to understanding dark humor in the medical community. Physicians see a lot of desperate and hopeless situations. We have to deliver bad news. Sometimes frequently. Gallows humor is defined as grim and ironic humor in a desperate and … Read more
Platforms like Google, Healthgrades, Vitals, and Yelp present the public with information. Information about their health, information about their potential physicians, and information about their local healthcare systems. These platforms exist to educate the public. Overall, they succeed. Unfortunately, their popularity has increased the frequency physicians and dentists are defamed online. As is the … Read more
We received a call from a dentist in the Midwest. A week earlier someone called for an appointment. He wanted a run of the mill check-up. First available appointment was Friday at 4PM. Just before closing. In the waiting room, the patient appeared morbidly obese. It was impossible to estimate accurately. But, the receptionist assumed … Read more
The FDA regulates drugs and devices to make sure they are safe and effective for their intended use. Its regulatory authority to achieve that goal is broad. For years, the FDA took the position that it did not have authority to regulate drugs used for executions – or in the alternative – it had discretion to avoid … Read more
If a dog bites a man, that is not newsworthy. When a man bites a dog, it makes news. A patient sues a doctor. Not newsworthy. Doctor sues a patient. That’s a headline. Dr. Leonard Hochstein, star of the reality TV series “The Real Housewives of Miami” is suing two patients, Nicole George and Kristen … Read more
Casey Smitherman is superintendent of a small school district in the Midwest. The town, Elwood, Indiana, has 8,500 people and struggles with serious poverty. Many of its students do not have adequate resources. Ms. Smitherman had helped a specific student in the past, buying clothes for him and helping clean his house. This specific student failed to show up at school. Smitherman apparently did not … Read more
I had never heard of the phrase “serial malpracticer.” It seems to apply to Dr. Spyros Panos, an orthopaedic surgeon who surrendered his medical license six years ago. An arbitrator awarded $140 million to resolve 255 medical malpractice lawsuits in New York. Dr. Panos refused consent to settle. His carrier, MLMIC, overrode him. It’s not clear that the carrier has (or … Read more
A unicorn is a mythical creature. It does not exist. Which brings me to Press Ganey scores. For those of you entirely immune to the numeric patient satisfaction benchmarks, Press Ganey is eponymous with HCAHPS scores mandated by CMS. HCAHPS was initially rolled out to allow comparisons between institutions providing inpatient care. How satisfied are patients receiving care at … Read more
Here’s a question that perplexes many plaintiff’s attorneys. I hear it all the time. Why do doctors take medical malpractice so personally? Why do doctors treat medical malpractice differently than being in an auto accident? Shouldn’t we just turn it over to our carriers and be done with it? I don’t think myself the worst … Read more
