JOHN SHUFELDT, MD, JD, MBA, FACEP In retrospect, it was bound to happen: An estranged husband received information from his insurance company about his wife’s outpatient treatment. He called the patient accounting office to confirm the residential address his wife gave to the registration clerk. He thanked the woman who supplied him with the information profusely, then got in his car and drove to the domestic violence shelter where his wife was recovering from the …
Read MoreHiring an Employee
JOHN SHUFELDT, MD, JD, MBA, FACEP Let’s be honest, we have all done it: hired someone who, in retrospect, had only two brain cells, both of which turned out to be mutually inhibitory. Have I told you about the time (many years ago) when I hired a provider who, on a busy day, locked himself in the bathroom and screamed, “If you don’t get me some more help, I am going to start drinking?” Since …
Read MoreTest the Waters Before Signing an Employment Contract
JOHN SHUFELDT, MD, JD, MBA, FACEP It sounded like a great job. You saw the ad in the back of JUCM and contacted the person listed at the bottom. He seemed pleasant enough on the phone and the pay was what you thought was the market rate for the area. The next day, you drove over for the interview, which consisted of only four questions (the first being “If you were a tree…” and the …
Read MoreVicarious Liability
JOHN SHUFELDT, MD, JD, MBA, FACEP It’s 8:15 on Sunday morning. This is the first morning you have actually been able to sleep in since you opened the urgent care center five months ago. Truth be told, you drank a glass (or two) of wine too many last night and are still feeling the effects this morning. However, you don’t care; you have the day off and you can slouch around till noon and no …
Read MoreOverview of a Malpractice Trial (and How to Survive)
JOHN SHUFELDT, MD, JD, MBA, FACEP It’s game day. The trial begins today and your fate will be decided by a jury of your “peers.” Never mind the fact that none of them are physicians, only three have been to college, and two did not even graduate from high school; in the eyes of the law, they are your peers and will be the ones to decide if your care met the standard of care. …
Read MoreSettling the Case
JOHN SHUFELDT, MD, JD, MBA, FACEP The deposition is over. Your counsel tells you that, despite your barely concealed disdain for the opposing counsel, you managed to hold your own and not say anything from which you can’t recover. Unfortunately, you had to burn your dark blue suit both for the bad memories associated with it and because you are not sure if even dry cleaning it would help. Nevertheless, you are feeling pretty good! …
Read MoreHow to Prepare for and Give a Deposition
JOHN SHUFELDT, MD, JD, MBA, FACEP You are sitting at a long mahogany table in an unfamiliar, yetvery well-appointed, office wearing the same dark suit that you last wore at your cousin’s funeral. A pale, gaunt man with what looks like a small typewriter scrambles furiously to keep up with your rapid-pressured response to the question, “Doctor, for the record, please state your name and current address.” Is this a bad dream? Only if you …
Read MoreWhat to Do When You Get Named in a Malpractice Suit
JOHN SHUFELDT, MD, JD, MBA, FACEP Your front office receptionist informs you that there is a man at the door who says he is a process server, and that he wants you to sign for a registered letter. Your first thought, of course, is to run out the back door of your office or to simply feign a stroke. Instead, common sense prevails and you sign for the letter informing you that you are a …
Read MoreProtecting Yourself Against Medical Malpractice Claims, Part 2
In the December issue of JUCM, Dr. Shufeldt introduced a discussion on how to not be named in a malpractice suit by suggesting that providing excellent customer service, never saying “no” to a patient, and thorough documentation of the pertinent positives and negatives are viable techniques to reduce your malpractice exposure. Here, he continues the discussion with other precautions you can take. Failure to make an appropriate referral is a reason commonly cited when providers …
Read MoreProtecting Yourself Against Medical Malpractice Claims, Part 2
JOHN SHUFELDT, MD, JD, MBA, FACEP In the December issue of JUCM, Dr. Shufeldt introduced a discussion on how to not be named in a malpractice suit by suggesting that providing excellent customer service, never saying “no” to a patient, and thorough documentation of the pertinent positives and negatives are viable techniques to reduce your malpractice exposure. Here, he continues the discussion with other precautions you can take.
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