Plaintiffs’ lawyers seek to observe medical exams

From brain-injury cases to emotional-distress claims, some plaintiffs’ lawyers are complaining that they are not receiving a fair opportunity to attend independent medical exams requested by defense counsel. Read more

Rooting out physician fraud: The government’s plan

By Michelle Peirce and Meghan Cosgrove

Physicians and other health care professionals should take heed: the Office of Inspector General (OIG) of the Department of Health and Human Services, which is responsible for rooting out health care fraud, recently announced its areas of focus for 2008.

The OIG’s “Work Plan” for fiscal year 2008 was released on Oct. 1, 2007.

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Medical law annual check-up for 2008

As I watch my son, Brett, turn one, it seems truly amazing to me how much can happen in such a short time – not to mention how quickly a year goes by.

Needless to say, it has been a busy year for me at home. And if you’ve been reading Massachusetts Medical Law Report, I don’t need to tell you it’s also been a busy year in medical-legal news. Read more

Kidney donor can sue doctor over unneeded transplant

A kidney donor can sue a physician for recommending a transplant that allegedly turned out to be unnecessary, a Worcester Superior Court judge has ruled in a case that some lawyers say could create a new area of liability for doctors. Read more

Doctors urged to review referral practices

Physicians must review their contracts and professional arrangements immediately to make sure they comply with the new Stark self-referral rules, experts tell Massachusetts Medical Law Report.

The Stark law prohibits physicians from referring Medicare patients to hospitals or other entities in which they have a financial relationship, unless the arrangement fits into one of a number of specific exceptions. Read more