Query: Source for Malpractice Coverage
I was recently involved in a malpractice case that settled with the plaintiff. My current malpractice is dropping me and I am struggling to find malpractice coverage. I have considered going non-surgical as well. Has anyone had luck outside of the major malpractice carriers?
Name Withheld
Query: Use of Patient Images and Consent Requirements
When using patient images for marketing purposes, with no identifying features (i.e., before/after bunion surgery pictures), is additional consent from the patient required? And if so, how are providers obtaining that consent? Is it included in the regular intake form consent, or is a special signed form needed?
Jay Seidel, DPM Deerfield Beach, FL
Editor's Comment: PM News does not provide legal advice. When using a patient's image for any purpose, it is better to be safe than sorry. Simply adding a disclaimer in your intake form may not hold up if you are sued. Best practices dictate that you have the patient sign a clear release to use any images. There's even a possibility that the patient will reward you with referrals by telling friends and neighbors, "These are my feet in the ad."
Query: UnitedHealthcare Request for 100 Charts
Recently, UnitedHealthcare contacted my office to request review of over 100 charts. Even though they will send someone to my office to do the review, it will be time-consuming for my staff to have to pull all the charts. Two questions: 1) can I refuse this review request and 2) can I charge for the time it will take for my staff to pull all the charts?
Name Withheld (FL)