IME Examination Recording By Steven Babitsky, Esq. Does the plaintiff have a right during a psychological IME to have his therapist present and to record the examination? The U.S. District Court in Colorado, LAMMLE v. BALL AEROSPACE & TECHNOLOGIES CORPORATION, Dist. Court, D. Colorado 2012, said no to both. The [...]
IME Physician: Former Partner of Physician By: Steven Babitsky, Esq. Is a former medical partner of a treating physician sufficiently “independent” to perform an IME? The Louisiana court in, Mitchell v. Aramark, Dist. Court, ED Louisiana 2012, held yes, despite the apparent bad blood between the physicians. The court [...]
by Deborah A. Holzman, Esq. Executive Summary The rising increases in the cost of health care have led to all-out efforts to contain such costs. An important component of those efforts is a strategy to minimize the losses resulting from fraud and abuse in billing for health care services. It [...]
By Steven Babitsky, Esq., and James J. Mangraviti, Jr., Esq. Executive Summary Each year, tens of thousands of physicians, some just leaving residency and some with more experience, sign employment contracts. The key to the rights of both the employer and the employee are the terms of the written employment [...]
By Neville M. Bilimoria, Esq. Executive Summary Many physician groups believe that complying with the privacy rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is an arduous task. They may therefore think that noncompliance is their best route or that being overprotective of information is an [...]
The 10 Biggest Legal Mistakes Physicians Make with Antitrust Laws By Neil B. Caesar, Esq., and Kelly R. Pickens, Esq. Executive Summary Physicians generally dislike thinking about antitrust laws: They’re rife with areas of gray, rarely a doctor’s favorite color. But for the physician thinking about joining or forming [...]
The 10 Biggest Legal Mistakes Physicians Make by Failing to View Legal Issues Properly By Steven I. Kern, Esq. Executive Summary The U.S. legal system is perhaps the most complex in the world. Over the past 20 years, health care has evolved into one of the most regulated and complicated [...]
Independent Medical Examiners should only answer the questions posed by the referring client. These questions should be answered truthfully, without giving any benefit of the doubt to the referring client. Examiners should not opine on other areas. If there is any doubt regarding what issues the client would like addressed, these should be cleared [...]
Workers' Compensation Psychological Testing By: Steven Babitsky, Esq. All psychological tests used to evaluate workers' compensation claimants are not of equal value. The objective psychological tests should be afforded more weight by judges and workers' compensation professionals. Some common psychological tests that are subjective include: BDI-II BSI 18 [...]
Reducing Workers’ Compensation Costs By: Steven Babitsky, Esq. Employers, insurers and self-insurers are constantly looking for ways to reduce Workers' Compensation Costs. One of the key decisions they make is the selection of a workers’ compensation attorney. The criteria worker's compensation professionals should consider are: Is counsel a problem solver [...]