Category Archives: Law

The Murky Waters of Continuous Treatment Just Got Murkier

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 … Continue reading

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Understanding Patient Consent Forms

To patients, consent forms might be viewed as a simple and standard document. These are forms that patients are now accustomed to receiving prior to any treatment. However, if you are a practitioner, it is critical for your consent forms … Continue reading

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Malpractice Insurance Policy: Are You Covered?

There are two different types of malpractice insurance policies: an occurrence policy and a claims-made policy. Understanding the difference, and knowing which one you have with your current employer, will help in understanding: The contract terms; What happens when you … Continue reading

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Independent Contractor or Employee? Even the Courts Have a Hard Time Deciding

There was a recent case with respect to a Manhattan yoga studio, which was appealed four times, to determine whether the non-staff instructors were actually employees rather than independent contractors. The matter was In Re Yoga Vida NYC, Inc (Commissioner … Continue reading

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Protect Yourself When Modifying Employment Agreements

Recently, I have been receiving inquiries from practitioners with respect to their executed employment agreements. Various concerns have come up relating to their employer wanting to change or alter the terms in the original employment contract, and they are unclear … Continue reading

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2016 Year in Review: 3 Areas Every Healthcare Practitioner Needs to Know

If you have your own practice, there are certain areas that are pertinent to running your practice in an efficient manner. You should be aware of these areas and if not, you should be on the lookout for next year. … Continue reading

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HIPAA and Third-Party Contracts: What You Need to Know!

If you are a healthcare practitioner who falls under the Health Insurance Portability and Accountability Act (HIPAA) as a covered entity, you must follow HIPAA rules and regulations when you contract with an outside third party vendor to help you … Continue reading

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How Does a Practitioner Remove a Patient from Their Practice Legally?

There are many reasons for dismissing a patient from your practice. This may involve a patient that has been with you for many years or not that long, but someone who you feel is disruptive; or there has been a … Continue reading

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A Court Case All Medical Practitioners Should Know About

Practitioners and their support staff have become very familiar with the Health Insurance Portability and Accountability Act (HIPAA) over the years, but as a recent ruling shows, the law continues to evolve.

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Can Medical Practitioners Be Held Liable To a 3rd Party?

Earlier this year, the New York Court of Appeals—the state’s highest court—ruled that physicians and healthcare practitioners could be found liable to third parties. In Davis v. South Nassau Communities Hospital, 2015 N.Y. Slip Op. 09229 (December 16, 2015), the … Continue reading

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