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Doctors' Legal Forum is the physician's guide through the legal minefield of today's medical practice.

Medical - Legal Q&A

Q&A: When you're accused of overcoding

We have received a letter from an insurance company requesting 25 charts because the company thinks that we may have "overcoded" some patient visits. Do I need legal advice?

Circuit court sides with health insurer in physician reimbursement dispute

The Eighth Circuit affirmed March 5 the dismissal of a claim that an insurer violated the Racketeer Influenced and Corrupt Organizations Act by mailing erroneous explanation of benefits forms that improperly denied, reduced, or delayed payments to a physician for the healthcare services he provided to plan members.

Featured Articles

Federal court sides with physician in hospital suspension

A physician whose clinical privileges at a hospital were suspended without notice or an opportunity to be heard was deprived of constitutional due process, a federal court in Nevada held April 8.

Malpractice Consult

Medical tourism liability may fall on domestic doctors

When a U.S. resident is sent abroad for treatment by a managed car company, does a patient have any available recourse if he or she is a victim of negligence?

Don't be afraid to contact your insurer when you smell a suit at your doorstep

Inform your malpractice insurance carrier any time you have suspicion that a patient is considering a lawsuit.

Repayment of Stark violations can be tricky

Exceptions that permit referrals under Stark are complex, therefore determining a violation has happened and the preferred way of managing are also difficult.

End-of-life care: Who decides when to pull the plug?

Efforts to thwart the increasing costs of healthcare cannot succeed without addressing the question of how much care to provide the terminally ill.

Know when the Stark law applies to you

The Stark law is relevant only in situations that involve a specific set of health services and patients who use Medicare.

How to avoid malpractice liability in cross-coverage arrangements

For a solo practitioner or a small group practice, cross-coverage arrangements are like oxygen: Without them, there is no life—that is, no weekends, no evenings, no vacations, and no holidays.

PHRs can boost efficiency, but also hold malpractice risk

Since personal health records could be the wave of the future, it is important to understand their risks and benefits.

"Nationalized" medicine lacks national standards

To properly design a compliant, multi-state medical practice, physicians must understand the significantly different laws and regulations they may encounter.

Referrals don't let you off the malpractice hook

Don't be lulled into the misconception that you have passed off all liability when you refer a patient to a specialist.

Sometimes a placebo is the way to go

About half of American doctors say they regularly give patients placebo treatments, usually over-the-counter analgesics or vitamins that won't really help their conditions.