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Articles and Papers on Legal Issues - 11/25/2019

Articles And Papers-Misc. Medical Records


Consent For Treatment of Minors - 11/22/2019

Consent For Treatment of Minors


A Physician’s Personal Take on the Ongoing Impact of Tort Reform - 11/21/2019

Explore the recent effects of tort reform in Texas from the perspective of a physician who was hit with – and eventually overcame – a major liability lawsuit in TMA’s e-book,  Tangled Sutures: A Tale of Triumph and Loss in a Professional Liability Lawsuit


How to Handle Patient Confrontations - 10/29/2019

Try this three-step assertive response to patients who become angry,stubborn, manipulative,and even abusive.


Are Your Patients Satisfied? Ask Them. - 10/29/2019

Are Your Ppatients Satisfied? Ask Them.


Good Samaritan Law - 08/16/2019

Expansion of the Good Samaritan law to volunteer health care professionals and sponsoring health care institutions for care, assistance, or advice provided during a disaster


Don’t Try This at Work: Security Risk Analysis Is Not a Do-It-Yourself Project - 08/02/2019

Medicare’s Merit-Based Incentive Payment System (MIPS) requires practices to conduct a security risk analysis at least once a year. HIPAA requires at least one analysis, and annual check-ups are considered a best practice. Many physicians find out through these reports that their practices have a lot of work to do to keep patient records safe.


Federal Tort Reform Bill Should Mirror Texas Law, Groups Say - 06/26/2019

Physicians, hospitals, and other health care providers throughout Texas would lose substantial protections against frivolous medical lawsuits if a bill working its way through the nation's capital becomes law, two Texas medical groups say.


Watch for These ID Theft Red Flags - 05/30/2019

New identity theft prevention rules from the Federal Trade Commission (FTC) — called the Red Flag Rules — likely apply to your practice. The compliance date is Aug. 1, 2009.


HIPAA: Are You Prepared for a Lost Laptop or Smartphone? - 05/30/2019

Even if the only work-related activity is accessing your email, you may have PHI on your phone right now. Lost and stolen devices are the No. 1 reason for patient data breaches of more than 500 records.


HIPAA: Are You Prepared for a Business Associate Breach? - 05/30/2019

Business associate breaches can be the most costly type of breach and present some of the highest risk because you don't have insight or control over the business associate's security or policies.


Preserve Physician Liability Protections in Emergencies - 04/09/2019

We are very concerned about how this bill will damage Texas’ ability to attract and sustain highly trained, competent doctors, including obstetricians and gynecologists, and specialty doctors such as maternal fetal medicine physicians and urogynecologists. This bill will hamper physicians’ ability to make ethical and professional decisions in the best interest of their patients for fear of repercussions.


March 12 Hotline: Bill Provides Liability Protections For Physicians During Disasters - 03/12/2019

The Senate State Affairs Committee unanimously approved a bill Monday that would provide limited liability protections to volunteer physicians and other health care professionals who provide care during disasters in Texas.


Governor Recognizes 15 Years of Texas Tort Reforms - 09/25/2018

It’s a milestone so big for Texas medicine, it was worthy of official recognition from the governor. Gov. Greg Abbott honored the 15th anniversary of Texas’ medical liability reforms on Sept. 1 with an official proclamation.


Medical Liability Reform Anniversary: More Doctors to Care for Texas Patients - 09/10/2018

In the 15 years this month since Texas passed landmark medical liability reform, the state’s patients have enjoyed greater access to physicians’ care, as more doctors practice medicine throughout the state. House Bill 4, the Medical Malpractice and Tort Reform Act, and passage of Proposition 12, a constitutional amendment, lessened the likelihood of frivolous lawsuits against physicians and hospitals.


Protections Preserved for University-Employed Physicians - 07/17/2018

The Texas Supreme Court blocked a challenge to liability protections for physicians employed by state medical schools, a legal victory for TMA. Thanks to the court’s decision, physicians employed by a government institution, like a publicly funded medical school, still can perform clinical duties at a non-government facility, like a private hospital, without giving up immunity from lawsuits.


“We don’t want to go back to those days, ever.” - 07/02/2018

TMA Alliance member James Duerr is as passionate as the doctors he advocates for.


Can You Recognize Embezzlement Red Flags? - 06/28/2018

It happens again and again: A physician is blind-sided by the discovery that a long-time, trusted employee has had his or her fingers in the practice till for several years. Often in retrospect, the signs were there, if only the physician had recognized them.


High Court Decision in Nondisclosure Case A Win For Medicine - 06/20/2018

The Texas Supreme Court sided with the Texas Medical Association in a nondisclosure case that TMA warned would have significant, troubling implications had it gone the wrong way.


The Top 5 Things That Get Physicians Sued - 06/05/2018

There are some obvious reasons physicians could face a medical liability lawsuit — surgical errors, misdiagnosis, and medication errors are some of the most common. But other issues related to communication, documentation, and staff conduct, also increase your legal risk.


Where Does Immunity for Government-Employed Physicians End? - 05/03/2018

The Texas Medical Association is fighting to ensure the Texas Supreme Court does not disrupt liability protections for physicians who are employed by a state medical school or other government entity.


Texas Supreme Court Lets Liability Protections Stand - 05/03/2018

Thanks to the Texas Supreme Court's decision in Perkins v. Skapek, physicians employed by a government institution still can perform clinical duties at a non-government facility without giving up immunity from lawsuits.


Gone to Texas - 04/24/2018

A decade has passed since the Texas Medical Association won landmark reforms of the state's medical liability system. The result has been more physicians practicing in Texas, thus improving patients' access to care, and dramatically lower liability insurance premiums for physicians.


TMA to Congress: No Sneak Torts - 04/17/2018

The Texas Medical Association, the Texas Medical Liability Trust, and other liability insurers are asking Congress to make sure the Patient Protection and Affordable Care Act does not create new theories of liability or alter the rules governing medical professional liability lawsuits.


Did That Employee Quit, or Did You Fire Her? - 11/08/2017

The question of whether an employee quit or was fired is very important if the ex-employee files for unemployment benefits. It determines who has the burden of proof in the case. These tips from the Texas Workforce Commission can help you keep the onus of proof off you.