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Board-certified radiologist and a malpractice attorney “Dr. MedLaw” covers all things at the intersection of medicine and law.

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How Fair Is the Standard of Care?

If every patient is unique, can an overarching metric really be pinned down enough to declare that a given doctor was negligent as a legal certainty?

What Does Negligence Really Mean?

Any discussion with doctors about avoiding liability for malpractice is hampered from the start because “negligence” is a very charged term. It conjures up images of a slipshod and blundering individual and so doctors understandably immediately become resistant. They

Navigating Worker Classification: Independent Contractor Versus Employee

Q: A cardiology fellow at my hospital is very good, and I would like to bring him into my practice when he completes training. However, I want to keep my options open, and he is unsure whether he will live in the area, so we agreed that he would s

Steer Clear of Referral Fee Arrangements

Dr. MedLaw explains why physicians must avoid any payment-for-business schemes with healthcare service providers.

Guidelines for Allowing Non-Medical Students to Shadow Your Practice

Q: A patient’s daughter, a high school senior, had accompanied her mother for her semi-annual eye examination. The daughter was very attentive to what I was doing and told me that she would soon be starting a pre-med program in college. She thou

Dealing With a Sham Peer Review

The term “peer review” embodies what the evaluation of a doctor should be: an assessment by other physicians. However, it can be co-opted by personal grievance or business competition, and so doctors need to be aware of how to safeguard their inte

Dr. MedLaw Q&A: Ensuring Ethical Consulting Compensation

I was recently contacted about consulting for a medical malpractice law firm. How should I bill for this? Can I set up a retainer?

Dr. MedLaw Q&A: When It Is Appropriate to Disclose Personal Health Information to Police

Patient vandalized an office after being refused narcotics for an undetectable back injury, saying he couldn’t be turned in because “you can’t tell on a patient.”

Dr. MedLaw Q&A: Exploring What Constitutes “Treatment” and “Continuous” in Medical Malpractice

“Continuous Treatment” If a patient comes back to see you, does the Statute of Limitations become meaningless?

Dr. MedLaw: Courts and End-of-Life Issues

A December, 2022 ruling on physician-assisted suicide by the Supreme Court of Massachusetts provided clarifying insight on how judges analyze end-of-life issues.

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BUSINESS OF MEDICINE

Drawing the Line When “Curbsiding”

Dr. MedLaw discusses where the line between safely offering informal consultation, or "curbsiding," and taking on the liability of a consultation gets drawn....

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