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Updated Sep. 1, 2010
 
 
LAW & MEDICINE
This section contains articles on legal issues in medicine written by James E. Szalados, MD, JD, MBA. Dr. Szalados is a practicing physician at Westside Anesthesiology Associates of Rochester and medical director of Respiratory Care and attending physician at Unity Health System at Park Ridge Hospital in Rochester, New York. He is also a practicing attorney at Brown & Tarantino, LLC, in Rochester, New York.
Physicians Under the Microscope: The Anti-Kickback Law
Practical Steps for Physicians To Avoid Being at Risk for Fraud, Abuse
ISSUE: SEPTEMBER, 2009
Relationships between medical device manufacturers and physicians are common in the health care industry and have many benefits. Manufacturer–physician relationships have the potential to advance science and technology, improve patient care and facilitate compliance with FDA-mandated training. However, these relationships also present a risk for fraud and abuse—particularly under the federal Anti-Kickback Law. read more
Are FDA-Approved Drugs De Facto Safe?
ISSUE: APRIL, 2009
In the minds of the greater public—and to a large extent, medical professionals—there is a strong sense of security in the knowledge that a certain drug or medical device is “approved by the FDA.” However, while outwardly reassuring, an FDA approval of a drug or device is no guarantee of that product’s safety. read more
3 Reasons General Partnerships Are Liability Nightmares
ISSUE: DECEMBER, 2007
Thinking about operating your business or practice as a general partnership? If so, strongly reconsider. read more
Dealing With a Denied Disability Insurance Claim
ISSUE: OCTOBER, 2007
This article will discuss claims that have been inappropriately denied and will also comment on claims that can or should be justifiably denied because they are invalid or fraudulent. read more
A Medical Practice Should Not Own Most Valuable Asset
ISSUE: OCTOBER, 2007
You have probably invested much of your personal wealth in your practice; why would you then want to protect only your personal assets while leaving your practice completely vulnerable? You wouldn’t—yet this is what most physicians do. read more
The Case for Economic Substance in Asset Protection Planning
ISSUE: SEPTEMBER, 2007
Any asset protection plan that will truly stand up if challenged must have economic substance. That is, the best asset protection plan is typically not an asset protection plan. read more
A Litigious World Demands Defensive Asset Protection
ISSUE: AUGUST, 2007
If you are under 40 years old, you can expect at least four lawsuits against you in your lifetime. Add to this the specific dangers of malpractice for physicians, and you can see why litigation is a serious threat to financial security. read more
Clinical Practice Guidelines Admitted As Evidence in New York Court
ISSUE: MARCH, 2007
In last month’s installment of this column, I discussed the development of guidelines and protocols as an important element of clinical medicine. Now I’ll look at a recent case where the judge allowed the introduction of a treatment algorithm. read more

MORE
LAW & MEDICINE
Legal Significance of “Standards of Care” Increasi... [2/2007]
Res Ipsa Loquitur Involves an Alternative L... [10/2006]
Medical Malpractice Liability Insurance: The Basic... [9/2006]
Medical Malpractice: The Law of Medical Negligence... [6/2006]
The Law: How It Affects the Practice of Medicine... [5/2006]


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