Although acupuncture malpractice may be rare, experts can be deployed to help mitigate liability (for defendants) or make the liability case (for plaintiffs).Continue Reading Acupuncture lawsuits rare but expert witnesses may help
Malpractice and Risk Management
A Physician’s Guide to Complementary and Alternative Medicine
By Michael H. Cohen on
Posted in Malpractice and Risk Management
Here’s what you need to know about legal issues involved in practicing complementary and alternative medicine….Continue Reading A Physician’s Guide to Complementary and Alternative Medicine
Do percentage-based, revenue-sharing arrangements between a clinic and its health care practitioners violate Stark, antikickback and fee-splitting laws?
By Michael H. Cohen on
Posted in Malpractice and Risk Management
Many medical spas, health care clinics, integrative medicine facilities, and wellness facilities are asking whether sharing revenues with practitioners violates the law and puts them in legal jeopardy.Continue Reading Do percentage-based, revenue-sharing arrangements between a clinic and its health care practitioners violate Stark, antikickback and fee-splitting laws?
Mini-Stark statute addresses self-referral legal issues
By Michael H. Cohen on
Posted in Malpractice and Risk Management
New York has its own "mini-Stark" law addressing referrals to health care entities in which the referring practitioner has an ownership or other financial interest.Continue Reading Mini-Stark statute addresses self-referral legal issues
Vicarious Liability & Negligent Credentialing in the Integrative Care Center
By Michael H. Cohen on
Posted in Malpractice and Risk Management
Integrative medicine clinics, wellness centers, and other holistic health care facilities (and medical spas) can incur both direct and vicarious liability.Continue Reading Vicarious Liability & Negligent Credentialing in the Integrative Care Center
Conflict of interest issue with doctor promoting off-label use
By Michael H. Cohen on
Posted in Malpractice and Risk Management
An emerging case against a psychiatrist highlights conflict of interest issues involved when physicians promote products, particularly those involving off-label drug use.
Continue Reading Conflict of interest issue with doctor promoting off-label use
Herbalist Legal Protection
By Michael H. Cohen on
Posted in Malpractice and Risk Management
If you are an unlicensed practitioner trained in herbal medicine, is there any legal protection?
Continue Reading Herbalist Legal Protection
Informed consent for a complementary and alternative medicine practice
By Michael H. Cohen on
Posted in Malpractice and Risk Management
Do you have a boilerplate informed consent for your chiropractic, acupuncture, massage thearpy, hypnotherapy, energy healing, or other complementary and alternative medicine practice?
Continue Reading Informed consent for a complementary and alternative medicine practice
California law governing energy healers
By Michael H. Cohen on
Posted in Malpractice and Risk Management
Many energy healers and other non-licensed CAM providers are aware of the California law authorizing practice with appropriate disclosure.
Continue Reading California law governing energy healers
Electronic medical record may increase malpractice risk
By Michael H. Cohen on
Posted in Malpractice and Risk Management
Electronic medical record may increase malpractice risk, according to a physician survey.
Continue Reading Electronic medical record may increase malpractice risk