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.
Anthem rolled out a new policy holding patients directly responsible for the ER bill if it is later deemed non-emergent. And who will decide whether the visit was emergent or not? You guessed right. Anthem’s policy is in place in Georgia, Kentucky, and Missouri. Next up is Indiana. Anthem just sent notice to enrollees in … Read more
Perhaps the headline should read “Iowa Board of Medicine Makes Making Love an Actionable Offense.” Boards of Medicine generally take action if a physician inappropriately propositions a patient for sex. Some boundary issues are obvious. If a psychiatrist is in the middle of an active treatment plan with a patient, it is unlikely a sexual relationship between the two will … Read more
Doctors occasionally change their name. They get married. They get divorced. Some keep their name. Some change their name. It happens all the time. But, that is a deliberate choice. Are there times doctors might want to change their name – against their will? Huh? Not too long ago, a dentist went to Africa as … Read more
In Illinois, a jury awarded a plaintiff $148 million. The state’s previous record was a $47 million medical malpractice settlement in 2017. The defendant, the Chicago Department of Aviation, was able to negotiate the verdict down to $115M. Whew. The plaintiff accepted to avoid the risk of an appeal… Now, about the case. The plaintiff … Read more
It’s a long standing medico-legal principle that before a patient undergoes a non-emergent procedure, he must understand the risks, benefits, and options, and provide consent. This is informed consent. It’s also a long standing medico-legal principle that informed consent is more than a signature on a piece of paper. It’s a process. Done right, the … 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
Doctors are at risk for being sued. They are targets for litigation. Sure, insurance provides a defense. But, it doesn’t take much imagination to see how a judgment can exceed policy limits. And the risks go beyond professional liability. How about a car accident? Slip and fall at your house? Worker on your roof falls … Read more
By now, doctors have been trained to think about the ramifications of patient privacy before taking action. We make sure that first name and last initial are on the operating room scheduling board. On hospital room doors – same thing. We ask for authorization before posting a patient’s picture on social media. It has not … Read more
Let’s start at the end. You kind of know how this ends. Dr. Simon Bramhall, a liver transplant surgeon in the UK, pleaded guilty to two counts of assault by beating. He pleaded not guilty to the more serious charge of assault occasioning actual bodily harm. Prosecutors accepted his plea and he is scheduled for … Read more
“Julie’s Law” is a Wisconsin bill named in honor of Julie Ayer. The patient had breast augmentation surgery in 2003. Sadly, the patient flatlined during the procedure. CPR was initiated, but too late. The patient was transported back to Wisconsin where she died three months later. According to the patient’s brother: “The doctor had no license in anesthesia. … Read more
