Once a New Yorker, Always a New Yorker
If your medical license is subject to discipline in one state, reciprocal discipline can be meted out in other states in which you hold a license. New York is no exception. No surprise there. If one state slaps you on the wrist, NY can do … Read more
Allocation of Payments Reported to the Data Bank by a Single Carrier for Multiple Defendants
It’s not uncommon for a physician to be employed by a healthcare system. If he or she is sued, many parties will likely also be sued. Including the hospital employer. The hospital might be sued for indirect liability, such as negligent credentialing or negligent hiring. … Read more
It Sucks to Deliver Bad News.
Doctors are healers. We want to deliver good news. “That worrisome PSA test was a false positive.” “Your breast biopsy was negative.” “You are responding to the treatment.” You get to share high-fives with your patient. That’s one of the reasons you went into medicine. … Read more
Medicare Preclusion vs. OIG Exclusion vs. CMS Revocation: Three Different Traps for Physicians
A Medical Justice member recently asked a simple question with a complicated answer: “If CMS pulls my billing, am I ‘excluded’? And is that the same as the Medicare preclusion list?” Close cousins, not identical twins. Here’s the field guide I wish more practices kept … Read more
Is Private Equity a Good Option for Selling Your Practice?
I get more than my fair share of calls from doctors expressing buyer’s remorse. They sold their practice to private equity (PE). They may have received a large check, with the expectation of more money down the road, if they can stay the course. Or … Read more
When is Asset Protection Too Late?
I occasionally get calls from physicians in the middle of litigation, asking whether they can shield vulnerable assets in the event they lose their professional liability case. Such doctors may not have professional liability coverage. Or they may be underinsured, for example, having limits of … Read more
A Unicorn Sighting. And a Doctor “Prevails” in a Defamation Lawsuit Against a Patient.
It’s difficult for doctors to prevail in defamation lawsuits against patients who post nasty online reviews. It’s not impossible. Just difficult. To prevail, the doctor must demonstrate the statement was false, disseminated to an audience, and damaged reputation. Finally, if the court rules it was … Read more
Indemnification Traps in Healthcare Contracts: A Field Guide for Physicians
A medical group sends over a “standard” agreement. Buried mid-paragraph is one sentence that could turn a routine credentialing hiccup into a personal bankruptcy event. I’m talking about indemnification language. Harmless at first glance. Radioactive in practice. What is indemnification? Indemnification is a contractual obligation … Read more
“Doctor,” “Dr.,” and California’s Line in the Sand: Who Can Be Called Doctor?
Physicians are territorial with honorifics. A patient hears “Dr. Smith” and silently fills in the rest—medical school, residency, board certification. That assumption sits at the center of a fresh federal ruling in California. On September 19, 2025, a federal judge in the Central District of … Read more
Can a Widow Access Medical Records for a Deceased Spouse?
The following request occasionally pops up. “You took care of my wife. She recently passed away. Can I have a copy of her records?” HIPAA survives death. For 50 years. The HIPAA Privacy Rule protects the individually identifiable health information about a decedent for 50 … Read more
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Healthcare Reform HIPAA & Patient Privacy Legal Medical Malpractice News/Announcements Patient Safety Reputation Management Risk Management Uncategorized
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