Professional Liability Advocate

Professional Liability Advocate

Category Archives: Medical

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Licensing Boards Can Fine You – Even If They Can’t Find You

Posted in Medical, Professional Liability
It the fast-paced world of health care, it is easy to forget the simple things – like notifying your state licensing board about address changes. It seems trivial, but there may be consequences for a physician who fails to update her physician profile. State medical boards have the responsibility and obligation to protect consumers of health… Continue Reading

Arbitration Agreements in Nursing Home Admission Agreements

Posted in Medical
In response to increasing runaway verdicts with large awards for punitive damages, many nursing homes are including arbitration clauses in their admission agreements. The U.S. Supreme Court’s decision in Marmet Health Care Center v. Brown, 132 S.Ct. 1201 (Feb. 2012), held that these agreements are enforceable because the Federal Arbitration Act (FAA) preempts both state… Continue Reading

The Doctor May NOT Be In!

Posted in Medical
Traditionally, parents encouraged the next generation to seek careers as doctors or lawyers – not only the most prestigious but also, at that time, the most lucrative. However, in today’s world, particularly from the perspective of this medical malpractice attorney, I have not encouraged the same goals for my children. College is expensive enough; I… Continue Reading

Drop-down Menus: The Pitfalls of Electronic Medical Records, Part II

Posted in Medical
In an earlier blog post, I discussed the importance of time stamps and signatures in electronic medical records (EMRs). A potential pitfall in using EMRs is the prevalence of drop-down menus. EMR software uses drop-down menus to make record keeping more efficient, rather than having the physician type in free text. Such drop-down menus are… Continue Reading

Is the Error of Judgment Defense Still Available in Suicide Cases?

Posted in Medical
Are courts becoming more liberal with the standards by which physicians are judged in failing to prevent suicides? Traditionally, the professional judgment rule has been used by psychiatrists and other physicians as a defense against cases alleging a failure to predict and therefore prevent a patient from committing suicide. The premise is that if the… Continue Reading

Patient-on-Patient Violence: Does a Negligence Case Trump a Patient’s HIPAA Rights?

Posted in Attorneys, Medical
At some point in their careers, most medical malpractice defense attorneys have defended a medical facility against a claim for negligence based on one patient being attacked by another. The negligence claim is premised on a failure to properly supervise and protect a patient from another who is known to have a propensity for violence.… Continue Reading

“How can I do better?” The Pitfalls of Electronic Medical Records, Part I

Posted in Attorneys, Medical
Recently, I was preparing my physician-client for his deposition in a medical malpractice lawsuit. At the end of the meeting, he asked me: “How can I do better in the future?” My client was referring to his entries into the electronic medical record (EMR). With the transition to EMRs, this is one question that all… Continue Reading

Romance between Nursing Home Residents – Should the Facility Step In?

Posted in Attorneys, Medical
State and federal regulations weren’t enacted to protect nursing home residents only from neglect and abuse. Federal law requires facilities to maintain environments that promote, maintain or enhance a resident’s quality of life. Adults have the right to make choices about significant aspects of their life in a facility. Indeed, the facility must make reasonable… Continue Reading

OH GOOD – I WROTE IT DOWN! OH NO – I WROTE IT DOWN!?!

Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
I often speak to groups of professionals on how to avoid errors and omissions claims. When I started making such presentations more than 30 years ago, I would hold up a piece of notebook paper and explain that it was a professional’s “best friend” when it comes to avoiding future problems. A memo of a… Continue Reading

Social Media: Putting Your Best Foot Forward or in Your Mouth

Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
As part of my blog training, I was asked to review my social media presence in general and in particular my LinkedIn account. My profile, admittedly, had not been reviewed in some time, so I updated my bio and skills section. This made me think about “puffing,” which I learned about in my Contracts class… Continue Reading

Video Surveillance in Nursing Homes: A Double-Edged Sword

Posted in Medical
Should long-term-care (LTC) facilities use or permit the use of video surveillance in residents’ rooms? LTC facilities, aka nursing homes, are increasingly the subject of state and sometimes federal investigation to detect abuse and neglect of residents. Unannounced visits by the state attorney general’s office are more frequent, as is the media coverage of these… Continue Reading