Law & Medicine

Law & Medicine

Determining patients’ decisional capacity

When do patients no longer have the medical capacity to make their own health care decisions, and when can surrogates make those decisions for...

Law & Medicine

Update on the False Claims Act

Battles over implied fraud and competing medical opinions may reshape the risk physicians face in False Claims Act cases.

Law & Medicine

Update on malpractice trends

Are malpractice claims really on the decline? And how much protection do apology laws actually provide physicians?

Law & Medicine

EMTALA Part III: Case law

This is the third installment of a three-part series. Question: Based on case law, which of the following statements is most appropriate regarding...

Law & Medicine

Law & Medicine: How case law shapes EMTALA

In the 3 decades since Congress enacted the Emergency Medical Treatment and Labor Act, the statute has, as expected, spawned numerous lawsuits.

Law & Medicine

EMTALA – statutory law

Penalties for EMTALA violations include fines up to $50,000 per violation, and/or nullification of Medicare provider agreements.

Commentary

Facing a medical board investigation

What steps should you take when your state medical board requests the medical records of an angry patient who has filed a formal complaint against...

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