17 May, 2022

When DHHS Comes Calling

2022-05-17T13:21:05-05:00May 17th, 2022|Disciplinary Actions, LDM MedMal Forum, Litigation Tips, Risk Management|

Every licensed health care provider dreads receiving that certified letter with the return address, “Nebraska Department of Health and Human Services, Investigations Division.”  Opening the letter doesn’t help matters:  “Dear sir or madam, we are gathering information regarding a complaint that has been made against you.  The complaint alleges that you blah, blah, blah.  Please provide your written response to this office no later than 14 days after receipt of [...]

30 Dec, 2014

It’s HIPAA time!

2018-04-23T23:57:55-05:00December 30th, 2014|Disciplinary Actions, HIPAA, Midwest Medical Legal Advisor, Risk Management|

I thought I'd spend the next few blogs discussing the joy that is HIPAA compliance.  Previously, I blogged about two NMC employees who had been fired after viewing the protected health information of Dr. Richard Sacra, one of the patients treated at the NMC for ebola.  The potential fines and penalties that come with a HIPAA violation likely played a large role in these firings. But let's start from the very [...]

23 Dec, 2014

Selfies are fun (unless you are performing surgery)!

2018-04-23T23:57:55-05:00December 23rd, 2014|Disciplinary Actions, Health Care Law, HIPAA, Medical Malpractice, Midwest Medical Legal Advisor|

Let's be honest.  Selfies are fun.  They are great ways of capturing the moment.  Like my daughter and I on the merry-go-round at FunPlex this summer.  Selfies can also get you in lots of trouble. I can honestly say I have  never had a doctor or other health care provider ask whether taking a selfie during surgery is a good idea.  It's not.  As some doctors in China recently discovered. [...]

13 Aug, 2013

Risks of Social Media in Medicine

2018-04-24T00:10:06-05:00August 13th, 2013|Disciplinary Actions, Health Care Law, HIPAA, Midwest Medical Legal Advisor, Risk Management|

A twenty-year-old nursing student had finally realized her dream and was caring for patients on her pediatric oncology rotation.  She fell in love with the courage of her young patients.  One patient, in particular, captured her heart.  She took a picture of the three-year-old boy grinning from ear-to-ear despite his chemotherapy.  When she posted the picture to her Facebook page, she put the following caption: "This is my 3-year-old leukemia [...]

14 Jun, 2013

The National Practitioner Databank

2018-04-23T23:57:56-05:00June 14th, 2013|Disciplinary Actions, Health Care Law, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor, Risk Management|

No doctor wants to be the target of a medical malpractice lawsuit.  Nor does any doctor want to be reported to the National Practitioner Databank.  I recently argued before the Eighth Circuit Court of Appeals in an attempt to remove a doctor’s name and report from the Databank. My main take-away from this experience: if and when you receive notice that you are the subject of a disciplinary proceeding where [...]

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