Oncologist accountability for pandemic-related delays in diagnosis and treatment
Oncologists throughout the US are increasingly seeing patients who have advanced-stage cancers....
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Medical Law
Mechanisms to Reduce Your Liability Exposure
Few career paths have the same level of liability concern as the practice of medicine. And...
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How to Avoid a Potential Lawsuit
Potential lawsuits are a reality that even the best physicians must accept. An American Medical...
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A Safe Way to Apologize to Patients?
Saying “I’m sorry” is the least you can do when you accidentally hurt someone. But in...
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Medical Malpractice Insurance Trends
Unfortunately for physicians, premiums paid for medical malpractice insurance will only increase...
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The Most Controversial Phrase in Malpractice: I’m Sorry
It is a fundamental core value of most people to apologize when a mistake has been made through...
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Establishing a Medical Practice Buy-Out Agreement
If you are working in a solo practice, you probably have no need to explore the ins and outs of a...
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Physician Non-Compete Contracts: Where Do We Stand?
At its simplest, a non-compete contract entails one party legally agreeing to not enter into or...
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Are You Ready for the No Surprises Act?
The No Surprises Act was signed into law on December 27, 2020, as part of the Consolidated...
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Dr. MedLaw: Photographing Patients
Doctors began photographing patients as soon as cameras were invented. For over a century, there...
Read MoreDr. MedLaw: Tips To Prepare for a Malpractice Deposition
A deposition is not to find out the facts. That is what the medical record is for. A deposition is not a battle. That is what the trial is for. A deposition is a job interview. You are being interviewed for the position of...
Read MoreQ&A: Mask Mandates and Disability
Q: My patient who had a lobectomy 2 years ago for a lung abscess recovered well. She mentioned feeling short of breath when required to do more strenuous activities but that she could deal with it if she rested. She never...
Read MoreMalpractice Vs Criminal Negligence: What’s the Difference?
According to prosecutors, in 2018, George Blatti set up a makeshift office in an old Radio Shack store and later prescribed pain medications from his car in parking lots without examinations to many who appeared to be...
Read MoreCan You Give a Gift to a Patient?
If a patient is also a friend, you can give them a personal gift, but if you are considering general gifting, then you need to bear two laws in mind: the Anti-Kickback Statute and the Civil Monetary Penalty (CMP) Law, which...
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Dr. MedLaw: Understanding The Houston Methodist Lawsuit Decision
On June 12, US District Court Judge Lynn Hughes dismissed a lawsuit against Houston Methodist...
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Dr. MedLaw: Understanding The ACA Decision
Last week, in a 7:2 decision, the Supreme Court issued its third holding on the Affordable Care...
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Dr. MedLaw: Liability When a Patient Refuses Advanced Care
Q: I have a patient that I have been seeing for quite a while for MS. After some pretty good years...
Read MoreDr. MedLaw Q&A: Physicians Ask About Liability For Accidents After In-Office Procedures
Q: I do small hand surgeries in my office. I only use local anesthesia for these. The patient will generally then be in a soft dressing or a short splint. There will also be some numbness. I have not had any restrictions up...
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Q&A: Physicians Ask About Bill Forbearance
Q: I am a physiatrist and so I see a lot of patients who were in car accidents. More than a few of...
Read MoreIs it Worth Clearing Up a Wrongful, but Won, Patient Complaint?
A patient made a completely baseless complaint about me to the state medical board. The complaint was rapidly dismissed by the board after it requested and reviewed the relevant parts of her records. But the patient told many...
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