Protecting Patients and Assets: Pre-employment Background Checks and Drug Screening

ALAN A. AYERS, MBA, MAcc, Experity A number of patients who had been dispensed the narcotic hydrocodone called the urgent care center to complain that their medications “weren’t potent enough,” that they “didn’t work,” or that the pills in the bottle “didn’t match the description on the label.” Although these reports were initially dismissed by the medical director as drug-seeking behavior, the volume and corroboration of complaints soon led to an internal investigation. It turned …

Read More

Two-Thirds

JOHN SHUFELDT, MD, JD, MBA, FACEP Editor’s note: For almost 10 years, Dr. John Shufeldt has generously shared his talents as a writer, legal expert, and thought leader with JUCM readers as the contributing editor of our Health Law department. Although John is retiring as its regular contributor, he will always remain its award-winning founder. In future issues, the Health Law column will be expanded to include new contributors and cover a broader scope of …

Read More

Medical Malpractice Trial, Part 3: The Trial

JOHN SHUFELDT, MD, JD, MBA, FACEP Recap of the Facts Johnny Dalton presented to the emergency department (ED) at St. Jacob’s Hospital after ingesting liquid methadone, a long-acting opioid. Responsive Emergency Medicine and Dr. Beth Ange evaluated and monitored Johnny for nearly 12 hours and discharged him home. Johnny was found dead by his family approximately 20 hours after discharge. Case name: John and Cathy Dalton v. Dr. Beth Ange and Responsive Emergency Medicine Decedent: …

Read More

Medical Malpractice Trial, Part 2: Pretrial

JOHN SHUFELDT, MD, JD, MBA, FACEP Johnny Dalton presented to the emergency department (ED) at St. Jacob’s Hospital after ingesting liquid methadone, a long-acting opioid. Responsive Emergency Medicine and Dr. Beth Ange evaluated and monitored Johnny for nearly 12 hours and discharged him home. Johnny was found dead by his family approximately 20 hours after discharge. Case name: John and Cathy Dalton v. Dr. Beth Ange and Responsive Emergency Medicine Decedent: Johnny Trey Dalton Attorney …

Read More

Medical Malpractice Trial, Part 1: The Events

John Shufeldt, MD, JD, MBA, FACEP I recently spent 3 amazing weeks in a medical malpractice trial. Over the next few months, I would like to share the experience with you. Despite the fact that I practice law and have been an expert witness for more than 20 years, the experience opened my eyes and has definitely changed how I practice medicine in the urgent care setting. I took copious notes during the trial and …

Read More

Medical Boards: Part 2

JESSICA HOFFMANN, MS-4, and JOHN SHUFELDT, MD, JD, MBA, FACEP The probability that you will receive a certified letter from your medical board informing you about an investigation is relatively low. But one day, you may be one of the unlucky souls who receives such a letter. What do you do? Different boards have different rules about what gets reviewed or investigated and what does not. Some boards are mandated to investigate, at least to …

Read More

Medical Boards: Part 1

John Shufeldt, MD, JD, MBA, FACEP I have been practicing medicine for nearly 30 years. I have received countless letters from law firms for records requests and notifying our group or me of an impending issue. I’m kind of numb to it. Conversely, anytime I get a letter from the medical board, I go into SVT. I am sure it is the same way with the physician assistant and nursing boards. You just start thinking, …

Read More

HIPAA Hypos and Privacy Paradigms

John Shufeldt, MD, JD, MBA, FACEP One of the moderately entertaining aspects of law school was answering hypotheticals (“hypos”) in class. They would go something like this: “Mr. Shufeldt, suppose that an off-duty police officer witnesses what she believes is an aggravated assault. Without identifying herself as a police officer, she disarms the assailant and, while doing so, the gun discharges and the bullet strikes and kills a bystander, who happens to be an emancipated …

Read More

HIPAA for Health Care Heroes

John Shufeldt, MD, JD, MBA, FACEP You are working in an urgent care center when a mother shows up with her 18-year-old daughter, who is “mildly developmentally delayed,” per her mom. The daughter turned 18 yesterday and the mother is concerned that she may have gotten a little “too wild” while celebrating her birthday at a friend’s house and she would like her tested for drugs and STDs. The daughter appears to understand what is …

Read More