NEW YORK HAS NOT BEEN KNOWN – TO PUT IT GENTLY – TO BE PHYSICIAN FRIENDLY WHEN IT COMES TO MATTERS INVOLVING LITIGATION. IT IS THEREFORE SOMEWHAT SURPRISING THAT WE ARE THE ONLY STATE WHICH PERMITS A PARTY TO WITHHOLD THE IDENTITY OF THE EXPERT BEING CALLED TO TESTIFY IN A MEDICAL, DENTAL OR PODIATRIC MALPRACTICE SUIT.
THE RATIONALE GIVEN FOR THE IDENTITY PROTECTION IS THAT THE EXPERT IN QUESTION MIGHT BE INTIMIDATED OR DISCOURAGED BY COLLEAGUES FROM GIVING TESTIMONY.
WITH THE ADVENT OF TECHNOLOGY AND THE INTERNET IT HAS BECOME EASIER TO IDENTIFY WHO THE WITNESS MIGHT BE AS CERTAIN INFORMATION MUST BE PROVIDED TO THE OTHER SIDE SUCH AS THE NAME OF THE SCHOOLS ATTENDED BY THE EXPERT; RESIDENCY AND INTERNSHIP BACKGROUNDS; DATES OF GRADUATION AND BOARD CERTIFICATIONS ETC ETC WHICH COULD NARROW THE SEARCH FOR IDENTITY IF ONE PURSUED THESE AVENUES OF INFORMATION. …
THERE ARE TIMES WHEN WE LEARN FROM OUR MISTAKES BUT THE FOLLOWING REPORT MAY HELP SOME LEARN FROM THE MISTAKES OF ANOTHER PRACTITIONER.
THE OPERATOR OF TWO STATE AUTHORIZED CLINICS WAS INFORMED BY THE MEDICAID INSPECTOR GENERAL THAT AN AUDIT OF HIS FACILITIES UNCOVERED APPROXIMATELY 6 MILLION DOLLARS IN OVERPAYMENTS.
THE AGGRIEVED PARTY CHALLENGED THE FINDINGS AND A FINAL AUDIT REPORT (FAR) REDUCED THE AMOUNT QUITE SUBSTANTIALLY TO1.85 MILLION! THIS LAST AMOUNT WAS THE RESULT OF AN EXTRAPOLATED ESTIMATE AND THE OPERATOR WAS DULY INFORMED THAT IT HAD BEEN REACHED ON A SAMPLING OF ENCOUNTERS. BY REGULATION THERE IS A PRESUMPTION THAT IT IS ACCURATE IN THE ABSENCE OF CONTRARY EVIDENCE. …
NEW YORK DOWNTOWN HOSPITAL EMPLOYED A MEDICAL SCIENTIST AND ALSO A VICE PRESIDENT OF RESEARCH AND CHAIR OF THE INSTITUTIONAL REVIEW BOARD (IRB) OF THE INSTITUTION.
THE MEDICAL SCIENTIST (LATER TO BE THE PLAINTIFF IN THE LITIGATION) WAS CHARGED WITH THE RESPONSIBILITY OF DEVELOPING MATERIALS FOR A CLINICAL TRIAL OF A COMPOUND DESIGNED TO TREAT THOSE WITH METASTATIC CANCER.
NEW YORK DOWNTOWN TERMINATED BOTH PERSONS CLAIMING THAT THEY HAD VIOLATED THE HOSPITAL’S CONFLICT OF INTEREST POLICY IN THAT THEY HAD TAKEN MONEY FROM THE DEVELOPER OF THE COMPOUND. THE TERMINATED EMPLOYEES, IN TURN, FILED A COMPLAINT WITH THE FDA CONTENDING THAT THE PATIENTS BEING TREATED MIGHT NOT RECEIVE ADEQUATE SUPERVISION FROM THE INSTITUTION. …
WE KNOW WE HAVE WRITTEN BEFORE ABOUT THE UNPLEASANT TOPIC OF WHAT YOU SHOULD DO IF YOU RECEIVE A LETTER FROM THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT. WE DO BELIEVE THAT THIS IS SO IMPORTANT A TOPIC THAT IT BEARS REPETITION. THE FOLLOWING WILL NOT BE THE NORMAL TYPE OF DISCUSSION YOU MIGHT ANTICIPATE FROM AN ATTORNEY BUT IT IS RATHER A CONVERSATIONAL PIECE TO TALK ABOUT A TOPIC MOST WOULD PREFER NOT TO CONTEMPLATE. BACK TO THE LETTER – DO NOT – AND WE EMPHASIZE DO NOT CONTACT THE OPMC PERSON WHO HAS WRITTEN THE LETTER TO YOU. DO NOT BECOME INVOLVED IN A DISCUSSION WITH OPMC – THAT OFFICE WAS NOT CREATED TO NECESSARILY PROTECT THE RIGHTS OF PHYSICIANS BUT RATHER TO INVESTIGATE COMPLAINTS BROUGHT AGAINST A PRACTITIONER – OR TO QUESTION CERTAIN ASPECTS OF A PRACTICE. LET’S LOOK AT IT THIS WAY – IF YOU RECEIVED A SUMMONS IN A MALPRACTICE SUIT YOU WOULD IMMEDIATELY CONTACT YOUR CARRIER. …
A RECENT COURT DECISION HAS RECEIVED A GREAT DEAL OF ATTENTION IN LEGAL CIRCLES AND WE THOUGHT IT WOULD BE OF INTEREST TO YOU. IT CENTERS ABOUT THE POWERS OF THE NEW YORK STATE COMPTROLLER AND WE THINK YOU WOULD AGREE WITH US THAT IT IS QUITE RARE TO THINK OF THE COMPTROLLER AND HEALTHCARE IN THE SAME SENTENCE. IN ESSENCE, UNITED HEALTHCARE PAYS THE CLAIMS SUBMITTED BY PHYSICIANS FOR SERVICES PROVIDED TO STATE EMPLOYEES UNDER THE EMPIRE PLAN. THE PLAN IS THE PRIMARY FOR THE STATE’S HEALTH INSURANCE PROGRAM. THE OBLIGATIONS OF UNITED ARE TO PROCESS AND PAY THE CLAIMS. …
THE CONTINUOUS DOCTRINE ISSUE CONTINUES TO BE A HOT BUTTON FOR THE LEGAL COMMUNITY AND THE FACT PATTERNS IN THE CASES ARE SUFFICIENT TO CAUSE RAISED EYEBROWS IN SHOCK! …
WE WOULD TAKE THIS OPPORTUNITY TO REPORT ON TWO RECENT COURT DECISIONS WHICH ARE OF UNIQUE INTEREST IN ANALYZING THE LEGISLATIVE MEANING OF STATUTES APPLYING TO THE PROFESSION…
