Legal Eagle

Am I liable for a glitch in my EHR system?Although the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 authorized initial grants and incentives to promote “meaningful use” of electronic health records (EHRs) by providers, one of the potential risks that has not been given much discussion is the risk of medical malpractice liability.
Top 5 of 2016: Dermatology legal insightsIn 2016, we provided advice on a number of different legal issues ranging from informed consent issues, to off-label products, to whether or not you could lose your medical license for not paying your office rent. Here are the top 5 legal insight articles of 2016 from Dermatology Times.
Can I be sued for off-label use?If a patient’s procedure uses a device that is not FDA-approved, or is FDA-approved for another purpose, or is experimental, must the patient be so advised by the physician to provide appropriate informed consent? Courts have wrestled with this matter in a number of legal opinions.
When is physician health disclosure required for informed consent?Should dermatologists be required to disclose matters of personal health, especially if matters related to physician health may increase the risk of harm to a patient?
Informed consent Is evolving: Now what?Dr. Surgery undertook a weekend blepharoplasty course at a well-respected, nationally recognized occuloplastic surgery program. He has since performed three procedures. Dr. Surgery covered the risks with his patients and received both oral and written consent. His third patient unfortunately suffers the rare complication of retrobulbar hematoma and blindness and sues. Should he be concerned?
Undue Influence and the State Board of Medical ExaminersDo anonymous patient feedback systems create a situation of undue influence?
Biologics, acetaminophen and the multimillion-dollar lawsuitAre doctors liable when patients combine acetaminophen with biologic medications used to treat psoriasis?
Was there fraudulent coding just because I used a novel treatment approach?How does the standard of care relate to medical coding?
A simple complication, a massive lawsuitLegal arguments can be based on foreseeable complications, even when physicians are safety conscious.
Can I lose my medical license for not paying my office rent?