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Ask An Attorney: Tips to Mitigate the Legal Risks of Prescribing Opioids
The opioid crisis has led to an increase in malpractice and State disciplinary actions against providers. What are tips to mitigate the l...
Jessie Gregorio
Mar 1, 20183 min read


Ask An Attorney: Reducing Stress When Your Medical Practice is Acquired
My practice is negotiating to be acquired by a hospital system. How can I ensure I do not suffer undue stress through this transaction? I...
Steven R. Gersz
Dec 1, 20172 min read


Clearly Defining the Scope of Representation: Reducing Malpractice Risk with the Engagement Letter
A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement ...
Jillian K. Farrar
Sep 27, 20174 min read


Ask An Attorney: New Requirements - Prescribing Opioids
My partners and I run a general practice and have become alarmed about the reported increase in opioid abuse by patients. What concerns s...
David H. Fitch
Jun 28, 20172 min read


Ask An Attorney: Questions About E-Prescribing
Though we are now almost a year into mandatory e-prescribing, I still have some questions, especially when things don’t happen in the standa
Helen A. Zamboni
Mar 17, 20172 min read


Ask An Attorney: Handling Online Physician Reviews
My general practice partner and I have noticed an increase in the number of patients who review their doctors online. How do we handle an...
Jessie Gregorio
Dec 19, 20163 min read


Court of Appeals Decision Expands Physician and Hospital Liability
On December 16, 2015, the New York State Court of Appeals issued a decision that has important implications for medical malpractice liab ...
Jessie Gregorio
Sep 21, 20162 min read


Surveyors to Immediately Begin Reviewing Nursing Homes’ Social Media Policies
Recently news agencies have publicized reports of nursing home staff using smart phones and other electronic devices to record residents...
Jillian K. Farrar
Aug 22, 20161 min read


The Legal Implications of Medical Records in the Digital Age – A Brave New World or “Same Old"?
The push for hospitals and medical practices to implement electronic medical records systems (EMRS) went into high gear with the passage...
Helen A. Zamboni
Jun 20, 20165 min read


Ask an Attorney: Electronic Exchange of HIPAA-Protected Information
My general practice partner and I have noticed a sharp increase in the number of patients who wish to communicate by email or text. What ...
David H. Fitch
Jun 15, 20162 min read


Ask an Attorney: The Legal Issues for Prescribing Medical Marijuana
I have patients who are requesting medical marijuana. What are the legal issues surrounding prescribing it? The New York Compassionate...
Steven R. Gersz
Mar 15, 20162 min read


Ask an Attorney: Physician Mental Health
I am a general practice physician suffering symptoms of depression. Will I be able to continue practicing medicine if I seek mental health..
David H. Fitch
Dec 28, 20152 min read


Who has Access to your Medical Records?
Medical care advancements and new insurance options continue to make the news. With new technological improvements such as electronic med...
Anna E. Lynch
Dec 1, 20152 min read


Ask an Attorney: Telemedicine for Call Ins and After Hours Calls
My medical partners and I are exploring whether to use telemedicine to handle “call ins” and after hours calls with our patients. What are..
Anna E. Lynch
Sep 29, 20152 min read


Ask an Attorney: Communication When Transitioning Patient Care
As providers, we are being asked to improve our communications with each other and family members about the patients we serve in common as..
Helen A. Zamboni
Jun 30, 20152 min read


Ask an Attorney: How Will I Compete with Walmart?
How will I compete with Walmart? Walmart’s recent announcement that it intends to offer low cost ($65) primary care visits in the conven...
Margaret E. Somerset
Mar 19, 20156 min read

Legal Alert: New York “Surprise Bill” Affects Health Care Providers
Have you heard? A New York State law regarding surprise billings from medical providers becomes effective April 1, 2015. The general purp...
Underberg & Kessler
Feb 16, 20152 min read


Ask an Attorney: Arbitration Clause in Patient Agreements
If I include an arbitration clause in my patient agreements to resolve patient disputes or claims, is it enforceable? In 2012, the U.S...
Steven R. Gersz
Sep 18, 20142 min read


Ask An Attorney: Nursing Home Resident Discharge Against Medical Advice
I am an attending physician at a nursing home. What if a resident is unhappy that a safe discharge plan cannot be developed by our interd...
David H. Fitch
May 5, 20143 min read


Ask An Attorney: Patient Communications
There is more and more emphasis on improving physician communication with patients to provide better outcomes at reduced cost. I am conce...
Helen A. Zamboni
Mar 1, 20142 min read
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