Law & Malpractice

Cardiologist David Mokotoff remembers a patient who was demanding, abrasive, and obnoxious - and whose estate sued him for malpractice. The doctor’s biggest regret: That he hadn’t done better by old Dan.

As healthcare changes, so do patient confidentiality issues. Insurance companies aren’t the only ones demanding to see patient charts: lawyers, auditors, and even employers want a peek. Here’s our guide to navigating privacy issues.

A settlement has at last been reached in a long-fought lawsuit between physicians and insurers. But the outcome of the so-called Love case is at best a modest win for doctors.

We have been doing self-reviews of our charts and coding procedures. We’ve found several errors, meaning wrong codes billed for both inpatient and outpatient services. We aren’t sure if rebilling with correct codes will raise red flags with our payers. However, we all believe that catching and correcting our errors prior to the payers catching them would be our best bet. Are we opening ourselves up for problems, or are we being responsible and heading off future problems?

Each issue we’ll help you steer clear of hidden pitfalls. This month: Your favorite employee is sweet to you and patients, makes the World’s Best Brownies, and never takes a vacation. But is she robbing you blind?

Here are six myths about HIPAA that your medical practice may believe, but are actually false.

So, you’ve decided to contract out your expertise to practices as well as hospitals. Great. But do you know what your professional service agreement should look like? Here’s the scoop.

More payers - and even some employers - are hiring third parties to conduct chart audits on their behalf. Is this legal? What should you do if you receive such a request?

A medical-malpractice insurance company says it will offer discounts to cash-only and concierge-style physicians. The reason: They’re less likely to be sued.

Have you discovered that a physician (or other provider) in your practice may be putting patients at risk? You must act - but be careful about how.

Roughly two-thirds of U.S. physicians will be sued at least once during their careers. You need to know exactly what to do when it happens - before it happens. We show you how to prepare.

Have you ever wondered what price tag a valuation professional would put on your practice? The answer often depends on who’s asking - and why.

Build ’Em Right, Get ’Em Signed. Employment contracts are a must-have physician recruitment tool. But what should be in yours? What shouldn’t be? Here’s how to negotiate fairly with physician recruits.

It’s an individual mandate that most Americans must purchase auto insurance if they want to drive. But, mandatory health insurance? Is that the right way to reform healthcare? Read further to hear executive editor Bob Keaveney’s cogitations on this issue.

Think malpractice is your only potential legal liability? Sorry, but that’s not true. You’re an employer, too, and need to know the basics on laws governing your rights, and your employees.

One spine surgeon’s take on reducing your chances of being sued for malpractice.

American healthcare is riddled with too many government and private-payer bureaucrats standing between physicians and their patients. And it’s saddled with perverse incentives that bloat administrative costs pointlessly. Find out what Tom Coburn, an OB/GYN doc and conservative Republican U.S. senator from Oklahoma, thinks the answer is.

Paying too much for liability insurance? Join the club. While premiums have stabilized in most areas, and are starting to decline in some, rates are still staggeringly high. But there are things you can do to lower your premiums right now. Here’s our guide for getting the best deal out there.

You already know why some patients want to sue: because they suspect, fairly or not, that you made a mistake - and that you don’t really care about them. But what do plaintiffs’ lawyers look for to determine if a case is worth bankrolling? We got ’em to spill their secrets.

So you’re being audited by Medicare or a large private payer. Now what? First, don’t panic. Second, check out our pointers on how to limit the damage. Plus: Advice for avoiding the dreaded audit in the first place.

OK, so you’ve made a medical mistake. You know it. And the patient knows it. It happens. In polite society, the proper thing to do is to apologize. But are you opening yourself to a slam-dunk lawsuit if you say you’re sorry?

Robert Blanco, MD, wants to lower his risk of being sued, but isn’t sure how. Expert Laurie Hyland Robertson has a few ideas.

If you think medical malpractice, Medicare fraud, and HIPAA noncompliance are the only legal pitfalls you have to worry about, think again.

Ophthalmologist Anthony P. Johnson on how to fix Medicare for good.

Ever wish you had a can of lawsuit repellant? Well, now you do. Follow our easier-than-you-think advice to reduce your chances of ever being sued for malpractice.

Another health plan grows; physicians’ leverage shrinks

What happens when payers alter their rules mid-contract? You get shafted, that’s what.

You didn’t cause America’s poverty problem. So why are you being asked to fix it?

The federal government is changing its interpretation of the Stark law that has long prevented hospitals from helping practices access electronic health records. Our expert explains how it will affect you.

Texas physicians worked hard to improve the state’s practice climate. Will you follow their example?