Michigan Birth Injury Litigation

Michigan Birth Injury Litigation 

When your baby was finally delivered he was rushed away to be resuscitated. Maybe you were lucky and he only needed some oxygen. Maybe he had to be incubated. Whatever happened, it was a far cry from what you imagined. Have you been told that your baby has cerebral palsy? Or Erb's palsy? Does your child need lifelong medical care? Are you wondering how you are going to pay those medical FIND MORE LEGAL ARTICLES Type any word(s) SEARCH bills? Are you scared of what will happen to your child if something happens to you? When a physician or other healthcare provider was negligent in the delivery of a baby, and injury results, we call it a "birth injury" or "birth trauma" case.

It is a sub-type of medical malpractice. But at Hoffer & Sheremet we handle birth injury cases a little differently from a typical medical malpractice case. We keep an eye on the future and do what we can to make sure your child will be taken care of in the years to come. How Do Medical Malpractice Cases Work in Michigan? “Medical malpractice” refers specifically to negligence committed by a licensed healthcare provider, such as a doctor or nurse, or a licensed health facility, such as a hospital or doctor’s office.

 To prove the healthcare provider was negligent, the patient must establish the applicable standard of care and prove that standard of care was “breached” (i.e., not followed). What is negligence? A healthcare provider is “negligent” when he or she failed to act as a reasonable doctor, nurse, nurse practitioner, physician assistant or other healthcare provider. What is reasonable is determined by what a healthcare provider with ordinary knowledge, training, and experience would have done in the same or similar circumstance. Just proving the healthcare provider, or facility, was negligent is not enough to recover “damages” (monetary compensation for losses).

The patient must also prove that the negligence caused an injury and that the injury resulted in damages (i.e. lost wages, medical expenses or pain and suffering). We prove negligence, causation, injury, and damages through the litigation process. Litigation doesn’t just mean going to court and having a trial.

The litigation process starts months before a lawsuit is even filed, and oftentimes ends before a trial. Here is an outline of the process: --Before a Lawsuit is Filed In Michigan, patients must provide each healthcare provider or facility with “notice” that the patient intends to sue. We call this a “Notice of Intent” or “NOI.” It must contain certain information, including (i) the factual basis of the claim, (ii) the applicable standard of care, (iii) the manner in which it is claimed the standard of care was breached, (iv) the actions that should have been taken to achieve compliance with the standard of care, and (v) the manner in which the breach caused the injury. MCL 600.2912b.

The NOI must be served within the statute of limitation period. Within 154 days of receiving the Notice, every healthcare provider or facility named must respond to the Notice of Intent, and identify (i) the factual basis for the defense of the claim, (ii) the applicable standard of care, (iii) the manner in which the healthcare provider or facility complied with the standard of care, and (iv) the manner in which the healthcare provider or facility contends the alleged injuries were not caused by the alleged negligence.

The patient must then wait 182 days after providing the NOI before filing a lawsuit. The purpose of the 182-day waiting period is to give the parties a chance to settle. During this time period, we will contact the healthcare provider or facility and their insurance companies and try to negotiate a settlement. If we can’t settle the case pre-suit, we will file a lawsuit. -The Lawsuit *The Pleadings A lawsuit begins with the filing and service of a Complaint. The Complaint details the allegations against the healthcare provider or facility.

The patient (or the patient’s family if the patient has died) is called the “plaintiff.” The healthcare providers or facilities being sued are called the “defendants.” The defendants have either 21 or 28 days to file an Answer to the Complaint, depending on whether they were served in person or by mail. Together with the Complaint, defendants will typically file “Affirmative Defenses,” which are legal defenses they may raise to the claim. *Discovery After the Complaint is filed, and usually after the defendant has filed an answer, "discovery" begins. This is the chance for each side to learn the other side's position - what documents they have and what their witnesses will say at trial. There is written discovery as well as depositions. Depositions are formal, verbal question and answer sessions. Fact witnesses – the patient, patient’s family members, anyone who witnessed the healthcare and treatment or the injuries, and the defendants – are typically deposed first. Expert witnesses retained by the parties are usually deposed later in the case. *Motion Practice A “motion” is a request that the Court rule on an issue.

Throughout the discovery period, “discovery motions” are filed that order a party to respond to discovery or determine the scope of discovery. After the discovery period ends, “dispositive” motions are filed. These are motions that dispose of an issue, or sometimes the entire case. Shortly before trial, Motions in Limine are filed, which will determine the admissibility of certain evidence or testimony at trial. *Alternative Dispute Resolution After the discovery period ends, there are several opportunities for settlement.

Many times, the parties' will work through their attorneys to reach a resolution. But there are also more formal means of reaching an agreement, including case evalution (where a 3-attorney panel suggests a settlement number), mediation (where each side works with a mediator to reach an agreement), and settlement conference (where the parties meet with the judge to discuss settlement). --Trial If the case doesn’t settle, a trial date is set and the parties begin preparing. Cases still settle during trial prep, and sometimes even after trial has started. The jury is selected on the first day of trial, then opening statements are given.

The plaintiff presents his or her “case in chief” first. This is where the plaintiff must, through documents and witness testimony, establish the elements of medical malpractice (standard of care, breach, causation, injury, and damages). Defendant will usually cross-examine each witness. After the plaintiff’s case in chief, defendants usually make a “motion for a directed verdict.” The defendant argues that the case should end at that point because the plaintiff failed to establish the elements of medical malpractice.

These motions are rarely granted. Next, the defendants present their witnesses. Sometimes, the plaintiff will call rebuttal witnesses after the defendants’ witnesses are done. After all of the witnesses have testified, the parties give closing arguments – first the plaintiff, then the defendant. The plaintiff usually gets the last word, and gives a brief rebuttal argument. Then jury instructions are given and the jury deliberates. The jury could deliberate for minutes, hours or days. The jury returns with either a verdict for money damages for the plaintiff or a verdict of “no cause,” which means the defendant won. --After Trial

8:05 AM   by Unknown ·   0

Basics of Social Security Retirement Benefits

Basics of Social Security Retirement Benefits

Retirement benefits comprise a core and fundamentally critical component of the Social Security regime overall — Social Security operates as a government-protected tax credit that pays into a shared benefits pool for American workers. It is intended as a safety net for those wage-earning Americans (and their dependents) who do not have other means of supporting themselves, and are struggling with limited financial resources. Social Security retirement benefits can initially seem rather simple.

One might think that every worker is entitled to receive their benefits at retirement age. In reality, however, there are many complications and legal/financial concerns that have to be considered in the context of the rules and of your particular circumstances. -Which of my family members qualify for retirement benefits? -When should I claim my retirement benefits? -How do my earnings affect my retirement benefits? For a clear understanding of how Social Security retirement benefits work, you have to learn the basics. Let’s take a look. Retirement Benefits To qualify for Social Security retirement benefits, you’ll have to work a minimum number of years. You cannot qualify for benefits until you satisfy this requirement.

The amount of working-years required before you qualify for retirement benefits depends on your year of birth. These working-years do not have to be consecutive, however. For example, you can work for five years, take some time off, then work another five years, and still qualify for retirement benefits. Amount of Retirement Benefits Retirement benefits vary on the basis on one’s lifetime earnings. As such, the benefits payout for two people can be substantially different, depending on the type of careers they had, the length of their careers, and how consistent their working-years were. Finally, the total amount of retirement benefits a person is entitled to is modified by their chosen retirement age. A worker who decides to retire early (e.g. at 62 years of age) will have their benefits payout reduced significantly.

 When to Claim Benefits Your standard Social Security retirement benefit can be claimed at full retirement age. What constitutes “full retirement age” depends on the year of your birth, but generally begins at age 66 (for those born from 1943-1954) and goes up to age 67 (for those born from 1955-1960). Importantly, you don’t have to claim the retirement benefits you’re entitled to at full retirement age. If you need or want the money sooner, you can choose to claim your retirement benefits before you reach full retirement age (62 years of age, at the earliest).

Your benefits will be reduced by a significant percentage as a result, however. If you are still working, or have the income to survive reasonably well until later, you can hold off for a few years after full retirement age and get an 8 percent increase in benefits year-on-year until age 70. For example, if you can wait until age 70 to claim your benefits, you will be entitled to a 32 percent increase in total benefits for the rest of your life.https://www.youtube.com/channel/UCfDXGdzdCaeHX1897XYJeaw/videos

 Whether you choose to claim your benefits early, late, or right on time is a decision that depends greatly on your total benefit entitlement and your current financial circumstances. Family Access Family members may also be entitled to retirement benefits on the basis of your own. Family members who can claim benefits include:

• Spouses — including ex-spouses — who meet the minimum retirement age for benefits (age 62);
• Spouses of any age who are caregivers for your minor or disabled child;
• Your minor children and disabled children (even if your disabled child is older than age 18). Each family member may be entitled to different benefits.

Your unemployed spouse, for example, may be entitled to 50 percent of your full retirement benefit. To apply for retirement benefits, whether you’re a retired worker (or a qualifying family member), you can submit a Social Security Retirement Application online, call in, or visit your local Social Security Administration office. ABOUT THE AUTHOR: Mike Murburg Attorney Mike Murburg, P.A., has led a successful career litigating disability law claims for over thirty years. Areas of practice include Social Security disability claims, state and private disability claims, veteran’s administration claims, and railroad retirement disability claims, among others. At the Law Office of Mike Murburg, clients are treated with the respect and professionalism they deserve. The firm values a high level of attorney-client engagement, as well as transparency.
https://www.youtube.com/channel/UCfDXGdzdCaeHX1897XYJeaw/videoshttps://www.youtube.com/channel/UCfDXGdzdCaeHX1897XYJeaw/videos

8:17 AM   by Unknown ·   0

Lack of Regulation Regarding Ambulance Accidents in Texas Adds Insult to Injury

Lack of Regulation Regarding Ambulance Accidents in Texas Adds Insult to Injury

Background Statistics on Ambulance Accidents A study of accidents occurring over a 20-year span conducted by the National Highway Traffic Safety Administration found that there was an average of 1500 ambulance wrecks involving injuries per year.

This included an average of 33 deaths due to ambulance crashes peach year studied. Of the deaths, 75% were to non-occupants of the ambulances. FIND MORE LEGAL ARTICLES Type any word(s) SEARCH While this number is not, in and of itself, extremely high in comparison to the total number of car accidents and fatalities across the United States, this is still a significant number. Accidents Involving Ambulances Are Not Like Other Automobile Accidents There are several legal hurdles that a car accident victim may face in every case. However, due to various state laws protecting employers and emergency personnel, laws protecting state agencies, tort reform pertaining to healthcare liability claims, and lax requirements pertaining to insurance, the victim of an ambulance collision faces many hurdles that the average person would not expect to run into. Some can be fatal to a claim if overlooked.

The average individual who is in an accident, however, would have no reason to be aware of this. Thus, the unwary victim of an ambulance crash could find themselves re victimized again and again by not seeking legal advice promptly following the accident. Lack of Adequate Insurance Requirements Ambulances are emergency vehicles.

They are large and they must engage in risk behavior such as exceeding the speed limit to get people to the hospital. This equation, a calculated necessary risk for society, should be expected to result in some severe accidents occurring. Knowing this, it seems like a logical society would have standard rules requiring ambulances to carry a larger amount of insurance to cover these accidents.

Instead, there are few state or federal laws regulating what insurance coverage if any an ambulance must carry. Regulation is left up to the municipalities—which many simply do not take seriously. In Houston, sadly the law requiring that private ambulance drivers carry insurance is so outdated that it does not even require the current $30,000 minimum insurance that is required by the state of Texas of all drivers of even non-ambulance vehicles. By law all drives must have $30,000 in coverage. However, even $30,000 is extremely low in-light-of the potential for serious injury when an ambulance crashes.

 The Government Ambulance Trap: Claims Against a City and Sovereign Immunity Many Ambulances are City and/or County owned and operated. Under Texas law, government entities such as municipalities and counties are protected by the Doctrine of Sovereign Immunity. Sovereign Immunity is the old common law rule of law that says that the crown (government) is immune from being sued by those it governs, unless the crown waives its immunity. Texas Torts Claims Act and Ambulance Accidents The State of Texas has waived the governmental immunity via the Texas Tort Claims Act for accidents involving automobile collisions.

 However, there are restrictions within the act that provide certain protections to government agencies. One of these protections is the ability to set notice requirements of auto accident claims. Another protection is the elevated burden of proof that is placed upon the injured party in the case of official emergency situations. Sovereign Immunity and Proper Notice Before a person may bring a lawsuit against a government agency, the Texas Tort Claims Act requires that the individual comply with strict notice requirements.

The notice must provide the proper authority with a reasonable description of the damage or injury suffered, the time and place the incident producing the injury occurred, and how the incident occurred. Furthermore, the individual must provide this notice within 6 months after the incident occurs. Failure to comply with this means that the claim will be barred. Furthermore, municipalities often shorten the notice requirement to as little as 30, 60 or 90 days. In a typical car accident, a claimant who is injured and recovering can wait up to two years before filing a lawsuit and pursuing a claim. If a victim of an ambulance accident waits beyond the notice period, they may not be able to comply with the statutory requirement to give the government proper notice and their claim may be permanently barred.

 The Recklessness Standard of Care The transportation code governs vehicle operations of emergency responders. For instance, the operator of an emergency vehicle may exceed a maximum speed limit as long as the operator does not endanger life or property. Section 546.005 “imposes a duty to drive with due regard for others by avoiding negligent behavior, but it only imposes liability for reckless conduct.” Furthermore, In order to establish liability against a government ambulance under the Texas Tort Claims Act, a plaintiff must show that the governmental employee operated a motor vehicle with “conscious indifference or reckless disregard for the safety of others”, meaning that “a party knew the relevant facts but did not care about the result.” Thus, just being negligent in the operation of the ambulance is not enough to hold an emergency responder liable, you must find they effectively acted recklessly in the operation of the vehicle.
https://www.youtube.com/channel/UCfDXGdzdCaeHX1897XYJeaw/videos

8:16 AM   by Unknown ·   0

Medical Expert Witness Explains What Lawyers Must Understand about Informed Consent

Medical Expert Witness Explains What Lawyers Must Understand about Informed Consent

Informed consent is more complicated than just obtaining the permission for an aspect of something particular. If the issue involves a medical procedure, the patient must do more than just give permission for treatment. Informed consent implies that the person has been educated about the matter to the point that he or she knows what it involves.

This usually also means that the advantages and disadvantages have been detailed well enough that the individual is able to make an informed decision about moving forward. If informed consent is not acquired, there are many processes that may not be accomplished per the law and certain guidelines. There are restrictions on the conduct of those informing the person as well as what he or she must understand.

 There are many problems that may lead to litigation due to possible medical malpractice that includes issues with informed consent. This could mean that the patient simply signed a form and was not educated fully about a procedure.

This method may have included scarring or potential infection. Without knowing this, the patient may injury himself or herself further afterwards. Additionally, some may have rejected the treatment with the knowledge. In other matters, an individual may need to consent to a contract or other document before he or she is deemed to have given informed consent.

These events require details and the person must be aware of various aspects before signing away. The Medical Expert’s Explanation When a case involves informed consent, a medical expert may be needed so that a lawyer is able to comprehend why informed consent is so complicated. If the treatment led to difficulties and scarring or additional injuries were sustained due to the surgery or other procedure, the patient may attempt to sue the hospital or doctor. However, if he or she was fully aware of the possibility of what may occur, it could be reflected in the paperwork.

The situation may have also called for witnesses that signed documentation showing that the patient provided informed consent and not just a signature on the file. The expert needs to explain first what informed consent is to the lawyer. Once this has been established as the fully knowledge of what the medical procedure may require, injuries that may happen and what to expect, the case may move to the next factor.

The documentation is often an issue in cases and claims. This means analyzing it fully and knowing what may be presented and what is inadmissible. Informed consent documentation usually contains everything necessary to show that the patient was fully aware of everything, and the witness may corroborate this. Then, a claim for malpractice or negligence could be dismissed. Why Informed Consent is so Important When a patient has not been fully explained what may occur with the surgery, treatment or procedure, he or she may have the right to litigate against the doctor or hospital if there are other foreseen complications that would have been detailed prior to the incident. This means that the facility and staff may be held liable for the damages.

This then means that it is crucial that the patient has been made aware of even the most remote possibility of harm, injury or complication. If there is the possibility that scarring may be the end result of the procedure, this needs to be discussed. For the more major treatments, death may be explained with a certain percentage. Informed consent is connected to the right for a patient to know and consent to what happens to his or her body. This means that he or she needs to make a decision based on facts and details. The individual is entitled to this data, and if not provided, he or she may not be able to determine if the treatment is worth the potential risk. The Litigation Battle If an instance arises where informed consent was not granted, or there are other issues, an expert witness should be hired to assist with the case. He or she may be utilized to explain how this concept works and https://www.youtube.com/channel/UCfDXGdzdCaeHX1897XYJeaw/videoswhy it is so important.  

8:15 AM   by Unknown ·   0

What To Expect from Your Attorney and What Your Attorney Expects from You

What To Expect from Your Attorney and What Your Attorney Expects from You

A strong attorney-client relationship is essential to successfully navigate litigation, as it is often stressful and can take years to resolve. Too often, attorney and client expectations are not established in the beginning of this relationship, to the detriment of the case. In this article, we highlight key expectations for both client and attorney. What You Should Expect from Your FIND MORE LEGAL ARTICLES Type any word(s) SEARCH Attorney Ethical Conduct: 
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<--nextpage-->This should go without saying, but as legal malpractice attorneys, we unfortunately see many cases where this expectation has not been met. Your attorney should always practice ethically and abide by the rules of professional conduct, including, at a minimum: - Maintaining separate financial accounts for client money and attorney money; 
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<--nextpage--> - Acting within the limit of the law at all times; 
<--nextpage--> - Fulfilling the duty of loyalty owed to the client and not engaging in matters that result in a conflict of interest;  
<--nextpage-->- Making only truthful and honest representations to the client and tribunal. Communication: Rules of ethics governing lawyers require a lawyer to keep their clients reasonably informed about the proceedings. At a minimum, this includes when: 
<--nextpage--> - The case is filed; - Settlement demands or offers are made; 
<--nextpage--> - Key motions are filed and resolved, and 
<--nextpage--> - The case is dismissed. <--nextpage--> Your attorney should also be able to provide you with a general overview of your case upon request. You should always feel that you can ask your attorney questions, and receive responsive, patient answers in a manner which you can understand. 
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<--nextpage--><--nextpage-->When to expect answers to your questions varies, depending on how busy your attorney may be, whether he is in depositions, court hearings, or trial. How you communicate with your attorney should be established early on in the relationship. Some attorneys prefer the majority of client communication by phone calls, in-office meetings or mail, while others prefer communicating mainly by email. There is no "best" method – only what you and your attorney agree works for both of you. For example, in our practice, we've found a phone call or in-person meeting followed by an email summarizing the conversation works well for our clients. Decision Making: This goes hand-in-hand with good communication established early on in the attorney-client relationship. You hired an attorney for a reason so do not expect to micromanage your case. Your attorney will decide what motions to file and what questions to ask witnesses at trial. However, you alone will make final decisions regarding settlement of the case.<--nextpage--> Knowledge: Your attorney should have a thorough knowledge of deadlines, procedure and general legal principals in the area of law in which he or she specializes. But, do not expect your attorney to know all aspects of the law on command. Even if your attorney is the foremost expert in the area of the law in which you hired him, applying the relevant law to your case facts will take time and require thoughtful analysis. Skill: Your attorney should be skillful and comfortable in his or her area of practice. 
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<--nextpage--><--nextpage--><--nextpage-->A contract attorney should be able to draft clear, unambiguous contract language. Although your trial attorney will likely not be as dramatic as we see on TV, he or she should be comfortable in the courtroom. Similarly, your appellate attorney should have excellent writing skills. Ideally, you've found an attorney skilled in both writing and trial skills!<--nextpage--> Preparation: Your attorney should be well prepared for occurrences in your case. 
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<--nextpage--><--nextpage--><--nextpage--><--nextpage-->Whether it is a negotiation meeting in a transaction case, a deposition, a court hearing, or trial, your attorney should be knowledgeable about the facts, the law, and your position. Attorney Fees and Costs: Whether your attorney accepts your case on a contingency fee arrangement (typically 33.3%) or hourly fee, it is imperative the agreement be established at the outset of the representation and be in writing. If you are paying an hourly fee, you should expect to receive an invoice, ideally monthly, that details the time spent on your case and the amount charged, such as "6 hours: Review and summarize trial court records." Your attorney should also explain anticipated costs associated with your case, including expert witness and filing fees, and whether the attorney expects you to pay the costs upfront or whether he will advance some or all of the costs until the case is resolved. <--nextpage--> Fair Representation: It is not fair to expect your attorney to work miracles. 
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<--nextpage--><--nextpage--><--nextpage--><--nextpage--><--nextpage-->There are too many factors outside of the attorney's control, including the facts and the law. Even when the facts and law are on your side, you never know what a jury will do. Instead, you should expect fair representation, which is accomplished by the attorney fulfilling the above expectations. What Your Attorney Will Expect from You Communication: Communication is a two-way street. Let your attorney know your preferred method of communication. Keep your attorney updated with phone, email and address changes. Be available; try to respond to your attorney within 24 hours - sooner if time is of the essence. Be an active participant in your case - ask questions! Be Receptive and Open-minded: Sometimes, your attorney may give you news you don't want to hear, i.e. there are factual or legal weaknesses of your claim or the value is not what you believed it to be. Remain open-minded and work with your attorney to address case weaknesses and develop a strategy to resolve your claim for a reasonable amount. Participate in Your Case: When your attorney requests documents, emails or phone messages, diligently work to identify and provide these items in a timely manner. Put in the extra time at the beginning of your case to search through boxes in your attic and set aside time to prepare for your deposition. Your active participation in your case may very well be the difference between a substantial settlement or a no cause at a jury trial. Honesty: This should go without saying. 
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<--nextpage--><--nextpage--><--nextpage--><--nextpage--><--nextpage-->Your attorney has a right to expect you to be honest. Do not lie. Do not destroy evidence. Do not hide facts. Your attorney can deal with "bad facts" and minimize their impact if he knows about them in advance. If what you have hidden, lied about or tried to destroy suddenly surfaces during litigation, there is not much your attorney can do to help you and your case will likely be over. Pay Your Bill On Time: Believe it or not, most attorneys do not enter the practice of law for the money. Some practice for the thrill of trial, to correct injustice, or to develop the law. As much as attorneys love what they do, it is also their job. You don't expect your doctor or your barber to work for free; please don't expect your attorney to either. <--nextpage--> Have Realistic Expectations: Your attorney cannot guarantee a case's outcome. Litigation is fraught with uncertainty; no matter how hard your attorney works, there are many things that can happen outside of his control. Be receptive and open-minded if, and when, your case takes unexpected turns, and above all, have realistic expectations. Remember, the attorney-client relationship is a partnership. Know what to expect from each other, keep expectations reasonable, and trust one another. ABOUT THE AUTHOR: Hoffer & Sheremet, PLC
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8:13 AM   by Unknown ·   0

Action Items for the Estate When a Solo Physician or Dentist Dies

Action Items for the Estate When a Solo Physician or Dentist Dies

Initial Steps. Before doing anything else, take these initial steps. - Step #1: Notify the CA Medical or Dental Board of the doctor’s death. - Step #2: Notify the federal Drug Enforcement Administration of the doctor’s death. When you notify the DEA, you should receive instructions on how to dispose of the remaining drugs and controlled substances. - Step #3: Talk with FIND MORE LEGAL ARTICLES Type any word(s) SEARCH the office manager of the practice to determine the manager’s availability to help wind down the practice, and to create a plan of action. - Step #4: Find a business broker who specializes in the sale of medical or dental practices. What to Do with the Practice During the Interim Phase.

 During the interim period while the estate is selling the practice or winding it down, you will need a doctor to operate the practice. - For dentists, the law is clear. At the death of a dentist, the executor of the estate may employ licensed dentists and dental assistants and charge for their services for up to 12 months after death. Ideally, the temporary dentist keeps the practice running so that you can sell it as a going concern within the 12 months. - For physicians, the law is not so clear. By the letter of the law, the estate may not itself operate, and may not hire a physician to operate the practice during the interim period when the estate is trying to sell the practice or wind it down. Remember that the estate is unlicensed.

This means that, according to the law as written, the estate must either sell or shut down the practice immediately upon the death of the physician. In the past, the CA Medical Board has permitted the estate to bring in a physician to cover the practice for the interim period while the practice is being sold. The CA Medical Board did so on an informal basis, however, and I can't tell you that it has a policy of offering this benefit. My advice is for the estate representative to call the CA Medical Board and explain the situation, and hope to receive informal permission to bring in such a coverage physician on a temporary basis.

If granted permission to do so, the estate must move fast in disposing of the medical practice. I have seen estates that operated a practice up to one year after the physician’s death. This is certainly an abuse of the leeway given by the CA Medical Board, and likely constitutes the unlicensed practice of medicine by the estate, which is illegal. Employees. If you sell the practice, the employees hopefully can continue with the purchasing doctor. If you can’t sell the practice, then consider having the office manager handle the winding down of the practice, including termination of employment, payment of amounts owed at termination, COBRA notices, etc. The office manager can supervise most other actions needed for the winding down as well, for example, the giving of patient notices, payment of practice obligations, and the collection of accounts receivable. You might have to pay the office manager a little extra to stay around for this work. Patient Records. Patient records are like nuclear waste: no one wants them and no one knows how long to store them. Your best option is to find a doctor to take the patients and the patient records. If a patient requests his or her patient records, thank the patient, and deliver the records to the patient immediately. If you can’t find a doctor to take the patient records, then how long should the estate store the records? I have no easy answer.

There is no general law requiring a doctor to maintain medical records for a specific period of time. Different laws have different requirements, for example, 3 or 5 or 7 years. Most litigators advise that you hold patient records for 10 years, on the theory that most claims have gone away after 10 years. If nothing else, the estate should contact the doctor’s insurance carrier to determine its requirements for record retention. You do not want to violate the contract for malpractice insurance. Many carriers provide a reduced period for retaining records after a doctor’s death.

The estate should hold the records for at least the period of time required by the insurance company. Malpractice Insurance. Keep the doctor’s malpractice policy in place until it expires. For high-risk practices, consider buying a tail policy. Also, keep copies of the doctor’s prior policies until you feel safe from malpractice claims against the deceased doctor. One Year Statute of Limitations. Lastly, talk with the estate’s attorney about the statute of limitations for estate and probate matters. There is a one-year statute of limitations for bringing a claim against an estate which starts to run from the date of the death of the doctor, regardless of whether the claimant knows about it.

The one-year statute of limitations might cut off a lot of possible claims against the estate. Depending on the nature of the doctor’s practice, you might feel comfortable relying on this short one-year period for protection from patient, creditor and other third-party claims against the deceased doctor. This is a difficult decision, but it’s a critical decision, so be sure to talk about it with your attorney. ABOUT THE AUTHOR: Matt Dickstein Matt Dickstein, Business Attorney, provides business legal services in Northern and Southern California, including the San Francisco Bay Area, San Jose, Sacramento, Los Angeles and San Diego. Since 1995, he has represented businesses of all types, big and small. He handles business and real estate transactions, corporations & LLCs, professional practices, and franchises.
https://www.youtube.com/channel/UCfDXGdzdCaeHX1897XYJeaw/videos

8:11 AM   by Unknown ·   0

Medical Marijuana Law in Texas Goes into Effect

Medical Marijuana Law in Texas Goes into Effect

The marijuana-derived treatment will consist of cannabidiol, which comes in liquid form. The treatment does not contain THC, or tetrahydrocannabinol, the part of the marijuana plant that produces a high. The first legal marijuana field will be a ten-acre plot in Schulenburg, a small community east of San Antonio.

The land is owned by a company called Consortium Texas, the first private FIND MORE LEGAL ARTICLES Type any word(s) SEARCH firm to receive a license in Texas to grow medicinal pot. The company expects to have the new treatment available by the end of 2017, which will be offered by prescription from a doctor to patients who need it.

 The use of marijuana for any other purpose, medical or recreational, remains illegal in the state of Texas. Some efforts were made during the most recent session of the state legislature. However since no research is available to suggest that cannabidiol will treat other conditions, these efforts came to naught. Even so, Texas advocates of medical marijuana intend to continue to try to expand its use in Texas. Pot is used in other states in edible form to counteract the nausea that occurs during chemotherapy.https://www.youtube.com/channel/UCfDXGdzdCaeHX1897XYJeaw/videos

 In the meantime, two other companies are expected to get licenses to grow medical marijuana in the near future. ABOUT THE AUTHOR: Jake Posey The Posey Law Firm PC, led by Jake Posey, is a sharply focused government relations and business law firm based in Austin, Texas. The firm’s government relations practice advises clients and advocates for the successful development of public policy in the legislative, judicial, and executive branches of Texas government. Representing Fortune 500 companies, respected market leaders, and some of Texas’ leading state associations, Mr. Posey’s mission is to diligently deliver strategic business, political and legal solutions for his clients.

8:09 AM   by Unknown ·   0