In most scenarios, doctor-patient privilege that is protected by HIPAA takes priority—similar to the way attorney-client privilege is treated. However, what was once a certainty is being challenged in the courts, primarily due to the increase of physicians who are employed by hospitals and the resulting overlap in treatment among professionals.
Hospitals have expanded the types of care that are available to patients, who often receive care from multiple physicians in one setting. A study from 2012-2015 documented a 50% increase in the amount of physicians who work in hospital settings. Continue reading
The recent case of Lohnas v. Luzi, 2018 N.Y. Slip Op 01114 (February 15, 2018) brings the implications of the continuous treatment doctrine to the forefront.
In this case, a physician performed shoulder surgery on a patient in 1998. The patient had follow-up treatments and then stopped for several months. After this brief hiatus, the patient then returned for follow-up appointments due to continued shoulder pain and ended up having a second surgery and subsequent follow-up treatments. Continue reading
In most instances, when a physician is hired at a practice, he or she must agree to a non-compete clause. By agreeing to this clause, the physician will be restricted on where they can continue to practice and render services within a particular geographical zone for a specified period of time after their employment ends.
In the case of Cindy Hoffman, D.O., P.C. v Raftopol, 2018 NY Slip Op 50020, Dr. Hoffman, a dermatologist, brought suit against her former physician’s assistant, Raftopol, for resigning and accepting a job within 15 miles of two of her offices — a violation of the non-compete agreement between the parties. Continue reading
Technology is prominent in all aspects of our society—and this is true in the healthcare field as well. The majority of healthcare practices are already paperless, which includes not only medical charts but also digital x-rays and the mandated electronic prescribing. Continue reading