Law & Malpractice

Just who is the modern American physician? It’s a question that pop culture has done a lousy job answering. We decided it was time to shatter the myths. The result is our most revealing survey ever.

At a recent town hall, healthcare reform advocate Howard Dean said “…the reason why tort reform is not in the bill is because the people who wrote it did not want to take on the trial lawyers.” Is he right?

Without the proper controls, your drug sample closet could be a dangerous and costly liability.

Times are tough, and layoffs may be unavoidable. If you must do it, here’s how to do it right - while protecting your practice from litigation.

Physicians must meaningfully use electronic health records to qualify for Medicare and Medicaid incentive payments under the American Recovery and Reinvestment Act - a.

Here's the scoop on reimbursement for your medical practice's EHR use if you meet the meaningful use requirements of CMS.

In this podcast, Justin Barnes, chairman of the HIMSS Electronic Health Record Association and vice president of marketing and government affairs at Greenway Medical Technologies, explains the EHR incentives.

Ah, those advice-seeking loved ones: You gotta love ’em, but they can be a major a nuisance - and even a legal risk. Here’s how to draw the line and still get invited for dinner.

Do I need a separate insurance policy for protection in case a HIPAA violation lawsuit is ever filed against me? It doesn’t seem like medical malpractice would cover this.

Consent to Treat -- Spanish

See who the RACs are in your region.

Consent to Treat

Records Release Form

Use this letter if a patient consistently refuses to pay for services rendered, and you are forced to dismiss the patient from your practice.

Download this sample form to use with your medical practice's business associates to ensure private patient data protection and meet HIPAA regulations.

One partner wants to retire; the other two want to buy him out. The only problem: They can’t agree on the terms, and things are getting heated.

I am contemplating leaving a salaried position and starting a cash-only or cash/Medicaid outpatient practice without any hospital privileges. Am I obligated to provide 24 hour/365 day emergency coverage for my patients if I told them up front that I would not be taking call and had no hospital privileges?

In the current economic stimulus bill, large financial incentives are put in place for medical practices that use an approved EMR product.

One of your employees has succumbed to addiction. What should you do?

A patient owes a large balance, is aware of it, and instead of paying wants to transfer her records to another physician to avoid paying her balance. Are we allowed legally to hold her chart until she pays?

I would like to discontinue a doctor-patient relationship because the patient’s mother is unreasonably demanding. Is it legit to do it?

Are there any precedents for physicians losing insurance contracts because patients were billed for “administrative” or other noncovered services?

A physician uses her drug samples to help out needy patients, but worries she’s putting herself at risk. Who gets her goodies?

Trying to get a better deal from a payer? Hey, don’t laugh: It’s possible. But you’d better know your strengths and watch your language while at the negotiating table.

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.