IME: Disc Protrusions Common By: Steven Babitsky, Esq. The Arizona Court, Sartin v. Industrial Commission of Arizona, Ariz: Court of Appeals, 2nd Div., Dept. A 2012, dealt with a claimant who alleged a displaced disc as a result of stocking groceries at work. The court affirmed the denial of [...]
IME Causation: Insufficient Testimony By: Steven Babitsky, Esq. Sanchez v. NATIONAL DISTRIBUTING COMPANY, NM: Court of Appeals 2012 The New Mexico Court of Appeals dealt with the “possibility” testimony of an IME physician on the issue of causation. The testimony in question was as follows: Burney testified as follows: [...]
IME: Knee Replacement Steven Babitsky, Esq. Is an incomplete medical history taken by an IME physician “cured” by a subsequent review of the employer’s medical report? The appeals court of Kentucky, PADUCAH PUBLIC SCHOOLS v. Dumas, Ky: Court of Appeals 2012, hold it in fact was. The court stated: PPS [...]
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 [...]
The 10 Biggest Legal Mistakes Physicians Make When Filing a Claim for Disability By Edward O. Comitz, Esq. Executive Summary The significant increase in physician disability claims over the past several years has caused insurers to scrutinize the terms of their policies and any claims made under them more [...]
The 10 Biggest Legal Mistakes Physicians Make When Being Investigated for or Charged with Civil or Criminal Fraud 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 [...]
The 10 Biggest Legal Mistakes Physicians Make in Negotiating Contracts with Their Employers 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 [...]
The 10 Biggest Legal Mistakes Physicians Make in HIPAA Compliance for Group Practices 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 [...]
The 10 Biggest Legal Mistakes Physicians Make When Dealing with Practice Support Agreements By Roger N. Morris, Esq., and Jay M. Johnson, Esq. Executive Summary New physicians looking to start their practice face many challenges. The need to earn a living and the desire to pay off loans require [...]