Many practices, medical groups, or professional associations may have liability exposure based on the conduct of another in their office or practice due to vicarious liability.  This liability is based upon the legal concept of Respondeat Superior. Respondeat Superior (Latin) translates to “let the master answer,” or “let the superior respond.”  The doctrine of Respondeat […]

The doctrine of informed consent is well known to healthcare practices, and most have well established policies and procedures for the physician to obtain informed consent. Informed consent is defined as: a patient’s knowing choice about treatment or a procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider […]

In 2021, as part of the National Defense Act, Congress enacted the Corporate Transparency Act which imposes new reporting requirements for some businesses as of January 1, 2024.  The purpose of the Corporate Transparency Act was to strengthen the United State’s financial crime monitoring system, by requiring certain entities to disclose and identify information about […]

When setting up their practice or soon thereafter, most healthcare professionals took the time to develop employee manuals, policies and procedures, websites, and other documentation to be used in the practice.  It is important to remember that these documents and websites must grow and adapt with your medical practice and with the evolving environment in […]

You have surely heard it several times: patients who believe they have a good relationship with their physician are considerably less likely to sue in the event of an adverse outcome. But a physician need not spend hours with each patient, have a stunning personality or exhibit world-class bedside manner to be held in high […]

Informed consent is defined as: a patient’s knowing choice about treatment or a procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider in the medical community would provide to a patient regarding the risks involved in the proposed treatment. Black’s Law Dictionary (7th edition, 1999). The doctrine of […]

Covid-19 has created numerous challenges to health care providers and their practices. Many practices had to change the manner in which they saw patients by limiting the number of patients on premises or seeing more patients via telemedicine. These precautions were taken to prevent the spread of Covid-19, but also out of concern for liability […]

What are the requirements for maintenance of medical records? How long must a physician maintain a medical record? Medical Records are an essential part of any medical practice and the delivery of medical care to patients. Medical records provide information necessary for the continuing care and treatment of patients. Accurate record keeping and maintenance can […]