Medical 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.
Medical Office
Robert H. Gans, M.D., LL.B., FCLM
11500 W. Olympic Blvd., Suite 400
Telephone: 310-481-3940
Fax: 310-481-3942
Medical Consultations from the physician's viewpoint, Assistance to 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 Matters
Expert Witness
and Records Evaluations
Current Events of Medical Legal
Interest
DISCLAIMER: Doctor Gans has retired from the active private practice of law and no longer gives legal advice, nor does he accept legal clients. However he is available for medical consultations on the matters listed herein. His comments are not meant as legal advice. You are advised to consult a competent attorney for definitive advice before taking any action on your problems.)
Pressure on Medical Practitioners today is multi-faceted, and is mounting without pause. Challenges to the practice of Medicine show themselves in the fields of discipline, economics conflicts, and "garden variety" disputes related to medical practice. Many of these matters lend themselves to resolution without the need and expense of attorneys.
First, there is the cost of practicing medicine. A material number of persons are, as yet, uninsured. Costs are rising unremittingly. Television is a replete with the advertising, direct to patients in the viewing public. There is increasing pressure on physicians to prescribe many drugs that are perhaps not in the physician's armamentarium. How should physicians handle patients who come into the office demanding the prescribing of a drug that they saw advertised on television.?
How should physicians handle the problem of referring patients to specific specialists in a way that is consistent with the patient's ability to pay, or the patient's insurance coverage?
Physicians must be able to discuss insurance coverage with their patients.
Senior citizen care is gaining in importance daily.
The ordering of laboratory tests and other diagnostic modalities is something that the physician should be prepared to discuss fully with the patient. 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 MEDICAL HELP! Learn how to avoid billing errors. Most of billing errors are innocent billing errors that 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. Good medical advice can help you avoid these problems.
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 should not be considered as legal advice. You should always obtain legal advice from your knowledgeable attorney. Comments found herein should be used as general information only, and should not be construed as the giving and receiving of legal advice.
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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