06/12/2012    

RESPONSES / COMMENTS (MEDICAL LEGAL) - PART 1A

RE: Restrictive Covenant (Name Withheld)

From: John Morris, DPM

Rather than being concerned about whether it is "enforceable" by law,  I think you should consider if it is the "right" thing to sign a contract and then decide not to follow it. Just because you may be able to get away with not following the AGREEMENT is not the reason not to be a man or woman of your word. The operative word is "AGREEMENT."

Once a hiring doctor spends 1-3 or more years getting an associate started in practice (e.g., salary, malpractice, health insurance, countless hours reviewing superbills with the associate, introducing the DPM to patients and referring doctors, helping the associate learn from his/her mistakes which have resulted in patients leaving the practice, retirement or other benefits), don't you think the hiring DPM is entitled to have you live up to your AGREEMENT?

Even if your relationship with the  hiring doctor didn't live up to your expectations, I'd bet that you are more ready to run a practice and had an easier time getting started than if you had opened your practice right out of residency. My advice is to not just be ethical only when it suits you.

John Morris, DPM, Los Angeles, CA

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03/23/2013    

RESPONSES / COMMENTS (MEDICAL LEGAL) - PART 1A

RE: Drug-Seeking Patients (Bruce Lebowitz, DPM)

From: Elliot Udell, DPM

Kudos to Dr. Lebowitz, for bringing up a serious and timely topic. Addiction to prescription pain medications is a serious problem that is drawing attention in the media and falling on the ears of drug enforcement agencies. Physicians are indeed responsible for causing countless patients to become addicted to narcotic analgesics. There is even an inpatient facility for these victims that is advertising its services on television, underscoring the widespread nature of this problem. State agencies have started to investigate doctors. I spent a great deal of time researching papers for a hematologist I know, who spent a year in court and 50K in legal fees defending his license for prescribing a narcotic analgesic for a patient with chronic pain caused by sickle cell anemia.

The way we address the problem in our office is to limit the prescription of narcotic analgesics to certain post-operative patients and never prescribe addicting drugs for patients with chronic foot pain. Patients do come in from time to time requesting these drugs. Many are doctor shopping hoping to get a "fix" at our expense. For those who have legitimate  medical problems requiring these drugs, I send them to pain management specialists who are better equipped medically and legally at addressing their situations.

Elliot Udell, DPM, Hicksville, NY, Elliotu@aol.com

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11/20/2012    

RESPONSES / COMMENTS (MEDICAL LEGAL) - PART 1A

RE: Unauthorized Charge (Name Withheld)

From: Mitchell Kahn, DPM

I had the exact same thing happen to me several years ago. Someone called one of our receptionists and asked her if she was authorized to speak for the practice which confused her. Then I started receiving the same bills and threatening calls. I fought it and told them that I was going to call the state attorney general and that whomever they spoke to has no authority to authorize the charges that they allegedly stated that we incurred. Do not pay anything if you did not personally authorize the charges and do not let them bully you. 

Mitchell Kahn, DPM, Langhorne, PA, speechfixer1@aol.com