Past Performance is Sometimes a Predictor of Future Performance: A Doctor “Engages in Conduct Tantamount to Attempted Murder”
In making investments, mutual funds note that past performance is not always an indicator of future performance. Which brings us to the case of Raynaldo Riviera Ortiz Jr., a Dallas-based anesthesiologist. On November 20, 2024, he was sentenced to 190 years in prison. Why? A … Read more
Rules on Refunds if MD is Paid by Both the Patient and Insurance
If a doctor is in-network with an insurance company and the patient wants a refund for what they paid out of pocket, what are the mechanics of the transaction? Here, you likely have more than two parties. You have the patient and the physician, of … Read more
Patient Asks for Their Records. What Must You Provide? What Can You Withhold?
If a patient asks for their records, according to HIPAA, what records must you provide? According to HIPAA you need to send the patient their medical (dental) records. And within 30 days in the format they want. Some states, such as California, have an accelerated … Read more
4 Ways Medical Justice Protects Doctors
As a physician practicing in 2025, protecting yourself from medico-legal threats is a no-brainer, no matter your practice area. You need to make sure that your reputation is shielded from unhappy patients leaving defamatory reviews, that your paper agreements with patients contain basic protections from … Read more
Professional Liability Policies: What is a Hammer Clause?
Most doctors are aware of what is meant by a “consent to settle” policy. With such language, the carrier will not settle a claim without your explicit written consent. Once you provide such consent, the carrier will make a decision. Settle for an amount it … Read more
Is It a Medical Malpractice Claim, or a Premises Liability Claim?
A patient slips in your office. Do you turn it over to your general liability insurance carrier or your professional liability carrier? Or both? Of course, the devil is in the details. Such cases will have different trajectories. If a professional liability claim, the plaintiff … Read more
Can a Patient Sign a Waiver Related to Any Future Liability for an Upcoming Case?
Can a patient sign away their rights to sue you in the future for a case that will be performed in the future? Let’s go down memory lane. Back to 1963. Tunkl v. Regents of the University of California. The University of California at Los … Read more
How to Say ‘No’ to a Patient Without Inciting WWIII
Physicians sometimes have to say no to patient requests. Often, the “No” with an explanation suffices. The patient gets it. They understand. They’re not angry. In fact, they may be appreciative. But not always. Sometimes “No” is followed by denial, anger, bargaining, depression, etc. Sound … Read more
History in the Making: A Murder. A Toll-Meter for Anesthesia. And Colonoscopies Without Propofol.
Lenin is alleged to have said “There are decades where nothing happens; and there are weeks where decades happen.” Snopes.com says it’s not true. That Lenin never uttered the quote. A similar version of the quote was published in 1908, during Lenin’s lifetime, although there … Read more
Can You Hug Patients? Should You Hug Patients?
The doctor-patient relationship is an intimate relationship. It is based on trust. One of the tenets of trust is that it will not be exploited for personal gain. Doctors become aware of patients’ most private secrets. And their vulnerabilities. Still, medicine is “hands-on.” Examination of … Read more
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