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.
The reasonable interpretation of language in an insurance policy dictates its coverage. Sometimes the definition of a word can cost a carrier or an insured millions, if not billions. When the World Trade Towers were destroyed in a terrorist attack in 2001, there were a number of insurers who covered the risk for damage to … Read more
When I was a resident, we had a weekly Morbidity and Mortality Conference. That was the euphemism for what most called it, Death and Donuts. That moniker was not meant to be disrespectful. It was merely an acknowledgement that death did happen at the hospital. High risk procedures were indeed risky. And a normal part … 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 recent Wall Street Journal article reported that only 3% of patients with Hepatitis C in prisons are receiving the newest medications which have a cure rate over 90%. This means most are not receiving these medications. The reason is cost. Each treatment cost up to $1,000/day for a number of weeks. A commitment to … Read more
As physicians, we learn we must inform the patient of their options. Each patient has a different tolerance for risk. Some want aggressive treatment. Some want conservative management. The patient decides what should be done. I always thought it awkward to merely present a smorgasbord of options and then stare at the patient asking – … Read more
I spent some time over the weekend scanning physician responses to this ethical conundrum. An endocrinologist was caring for a man who spent years taking anabolic steroids. He developed hypogonadotropic hypogonadism with a low sperm count. He was now living clean and ready to start his family. The endocrinologist replaced the patient’s testosterone and achieved … 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
Jeffrey Segal, MD, JD Published in Medscape: May 14, 2015 (reprinted with permission) http://www.medscape.com/viewarticle/844060 How Would You Have Handled Patients Like These? Being sued for malpractice is a traumatic experience. The odds of being sued at least once over one’s career are high.[1] Doctors typically have sufficient professional liability coverage to prevent financial loss. But not all … Read more
Notes from a Plaintiff’s Attorney: Liability Issues in Telemedicine By Dr. JD, a plaintiff’s attorney, practicing in the Northeast We continue our series of 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 … Read more
Hundreds of articles have been published on the theme of a doctor becoming a patient. I’d like to add one more to the literature. But only to express my gratitude. Over the years, I’ve cataloged many of the headaches faced by professionals in health care. This includes the countless challenges doctors face each and every … Read more
