Medical Legal Consultations For Health Care Professionals; Hospital Privileges, Peer Review, Suspensions and Hearings; Medical Board Investigations, Accusations and Hearings; HMO, IPA, and other Professional Organizations Privileges and Termination; Second Opinions; Dispute Mediation.
Law Office
Robert H. Gans, M.D., LL.B., FCLM
11500 W. Olympic Blvd., Suite 400
Telephone: 310-481-3940
Fax: 310-481-3942
Medical Legal Consultation, Assistance, and/or Representation of Health Care Professionals with emphasis on the following matters:
Hospital Medical Staff Disciplinary
Actions
State Licensing
Board
Professional
Organizations
National
Practitioner Data Bank
Managed Care
Organizations
Medical
Malpractice Defense
Expert Witness
and Records Evaluation
Current Events of Medical Legal
Interest
Pressure on Medical Practitioners today is mounting without pause. Not only does the challenge to the practice of Medicine show itself in the field of discipline. Economics raises its ugly head as a two-pronged weapon.
First, there is the cost of practicing medicine. Costs are rising unremittingly. Payments by third party healthcare payor organizations are cutting reimbursement to physicians dramatically. The physician has, basically, three choices: (1) Work harder; (2) Take home less income; (3)Cut corners and render competent but medical care of lesser quality, in that they do not order laboratory and diagnostic testing that will not be paid for by the payor organizations. The patient is then stuck with the bill for this testing, if the physician orders it.
If the tests are not ordered, the physician is at risk of being charged with negligence or incompetence by plaintiffs' attorneys, or, worse, by the licensing board, if the lack of testing results in a missed or tardy diagnosis. Conversely, if the physician orders the testing and it (happily) comes out "normal," the payor organization and/or the licensing board may charge the doctor with ordering "unnecessary" tests.
Avoiding these complex problems requires expert guidance. At the first suspicion of a gathering problem, RUN FOR COMPETENT HELP! Not only is the specter of malpractice present, but we are now finding that innocent billing errors are blown out of proportion and turned, unfairly in most instances, into alleged fraudulent billing.
Competently document the need or lack of necessity of certain diagnostic testing. Write an explanatory note in the patient's chart as to why you did or did not order a procedure. It remains a truism in the practice of Medicine today, that progress notes in the patient office or hospital chart are no longer considered "medical" progress notes. Such entries must be considered "medical-legal" notes, for the healthcare providers' protection.. Notes and memoranda written by medical personnel are subject to review not only by the legal profession, but also by the individuals who scan bill submissions, with the primary purpose of saving money for the Payor, without due consideration of the complexity of billing.
You are encouraged to submit questions and comments to this web site. Such information can be very helpful to fellow practitioners who are having similar problems. These submissions will be kept confidential as to identity of the reporting individual. Responses will not be directed at giving specific legal advice to specific medical-legal problems because all medical-legal problems are inherently different, though perhaps superficially similar. Comments found herein should be used as general information only. Specific advice will be given only upon the establishment of a client-attorney relationship. It is expressly hereby stated that any reading of, accepting, or acting upon comments found on the GANSLAW web site do not constitute the establishment of a client-attorney relationship. Such a relationship will only be established upon the completion of a retainer agreement. This for the purpose of complying with legal requirements, and for the protection of all parties.
Feel free to review the various sections of this site. You, as a health care provider are a unique individual. You can and must protect yourself and your practice. It is not all that difficult to learn the basics of survival in today's medical-legal world. Help is available for the asking.
You are invited to check my Curriculum Vitae. I have been devoting myself to the practice of law in order to help my medical colleagues. As a physician and an attorney, I understand the physician's point of view, from the legal perspective. I am well suited to address the legal problems of health care professionals with a unique understanding of their professional needs. My interests lie in protecting the rights and privileges of medical practitioners. I specialize in defending health care professionals, in all fields of practice, in disciplinary matters primarily involving licensing boards, hospital medical staffs, and professional organizations. I also handle all aspects of applications and credentialing matters involving licensing boards, hospital medical staffs, HMO's and other professional organizations. I stand ready to represent you, to offer second opinions, and/or consult with your present attorney, in your medical-legal problems.
There is a new direction being taken in resolving medical-legal disputes in which health care providers are involved. That is the process of MEDIATION of disputes relating to physician-physician matters, such as employment problems; physician-patient disputes regarding medical care and/or fee disputes; hospital staff membership and disciplinary problems, and even Malpractice actions. MEDIATION WORKS.
To offer comments, to obtain general information and information regarding professional services, or for a response to general questions, you are invited to contact me at my e-mail address at rgans@ucla.edu .
Recommended Medical Hyperlinks:
Administrators
in Medicine (Various State Medical
Boards Information and more)
American Hospital
Directory (Information for Evaluating and Comparing
Hospitals)
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