Legal Issues in Medical Practice - USAFP Home Page在医疗实践中的法律问题usafp -首页.pptVIP

Legal Issues in Medical Practice:“Swimming with the Sharks” CDR Dennis L. Hufford, MC, USN Faculty Development Fellowship Madigan Army Medical Center Objectives Discuss employment contracts Enhance awareness of regulatory requirements of individual providers Define medical malpractice Discuss malpractice insurance in terms of types of coverage acceptance of risk Contract Law: the (Very) Basics Any contract requires at least two parties each party contributes some form of consideration ex. Doctor provides service and HMO provides salary, benefits, etc. agreement, verifiable Employment Agreements are NOT Created Equal! There is no such thing as a standard contract! Many variations within and between MCO’s Almost always modifiable easy before you sign... Yes, you probably need a lawyer! Essentials of Employment Agreements Pay Salary Incentives Stop Loss (pay risk) Profit Sharing Essentials of Employment Agreements Benefits Sick leave, vacation, and CME Coverage for absences Medical/Dental plan Practice buy-in/ profit share 401k or other retirement plan Family leave, sabbaticals, etc. Essentials of Employment Agreements Responsibilities Inpatient and clinic duties Supervisory duties PA’s, students, etc Call (how often, scope, etc.) Administrative duties Essentials of Employment Agreements Commitment Restrictive Covenants How to get in, how to get out Terminations Malpractice coverage Other insurance (liability, disability) Essentials of Employment Agreements (Summary) Read and understand before you sign. Make sure any “special clauses” are stipulated in writing. Have an experienced attorney review the contract and explain the details/jargon. Regulatory Issues Licenses Medical (state) DEA (federal) Business (local) Licenses mean: You’ve met requirements. You agree to oversight. Regulatory Issues Credentials and certifications Board certification Hospital privileges Special regulations CLIA OSHA, etc. Many state and federal regulations Summary re: Regulations V