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Frequently Asked Questions

Q..I communicate via Internet with some of my patients. What are the risks involved for this type of consultation?

Q I'm planning to establish my own web site; what are the risks?

A.
CAPsules 4th Qtr. 2002, "Forwarding Lab Results To Patients"

CAPsules 1st Qtr. 2002, "E-mail: Opportunities & Risks for Physician-Patient Communication"

CAPsules 1st Qtr. 2000, "Internet Medicine: On your marks, get ready, set…(go?)"

Q. Under what circumstances may I discontinue care of a patient from my practice?

Q. What risks are involved if I choose to discontinue care of a patient from my practice?

Q. May I discontinue care of a managed care patient from my practice?

A.
"Discontinuing a Patient from your Practice"

Q. To what extent am I responsible for obtaining the care I believe my HMO patient needs but the HMO denies/delays?

A.
CAPsules 3rd Qtr. 1999, "The Patient's Healthplan Won't Approve the Tests/Treatments you Ordered! Now What?"

Q. What do I need to know about advance directives?

A.
Please note: By January 2005, patient forms must be printed in 12 point type.

CAPsules 3rd Qtr. 2000, "Health Care Decisions Law: New Rules Governing Advance Directives"

Q. Is parental consent necessary for treatment of a minor patient? What kinds of treatment may minors consent to?

Q.   I have pediatric patients whose parents are divorced. How can I avoid legal issues with regard to consent and treatment?

A.
"Consent for Minors"

CAPsules 2nd Qtr. 2003, "Sick Kids of Divorced Parents; How treating physicians stay clear of Legal Entanglements"

Q. I have been sued for medical malpractice by one of my patients. I believe the case has no merit; I'm tired of nuisance claims that waste my time and may affect my malpractice coverage. Can I counter-sue the patient?

A.
CAPsules 2nd Qtr. 1998, "Malicious Prosecution Counter-suit"

Q. Is it alright to perform a limited ultrasound on my pregnant patient who wants to know the sex of the fetus?

A.
CAPsules 2nd Qtr. 1998, "Limited Fetal Ultrasound Exam: Risks May Exceed Benefits

Q. Who in my practice can perform laser therapy for removal of tattoos, wrinkles, hair, etc.?

A.
CAPsules 3rd Qtr. 2000, "Performance of Laser Therapy Prohibited"

Q. Do patient complications in my outpatient surgery center have to be reported?

A.
CAPsules 2nd Qtr. 2000 "New Laws in Year 2000 That May Affect your Practice"

Q. What key issues should I be concerned about when doing procedures in my office?

A.
CAPsules 4th Qtr. 1999 "Office Surgery: Minor Procedures May Involve Major Risks"

Q. What are the key factors in protecting my patients' privacy?

Q. I want to make sure when releasing patient records with HIV results that I do so appropriately. What do I need to know?

A.
CAPsules 1st Qtr. 2003, "Release of HIV Test Results"

CAPsules 3rd Qtr. 1999 "Patient Privacy: Practical Tips to Avoid Being Caught in a Legal Crossfire"

Q. With increasing use of the telephone feature "call blocking", I sometimes cannot get through to my patients when I'm attempting to return their calls. Unless I enter my phone number (and I often call from home or cell phone, which I prefer to keep private), the connection will not be completed. How can I protect myself?

A.
CAPsules 4th Qtr. 2000 "Returning Calls to Blocked Telephones"

Q.Elder abuse claims are on the rise. What can I do to avoid this risk in my practice?

A.
CAPsules 2nd Qtr. 2004, Case of the Month: Elder Abuse Cases: Health Care Provider or Custodian?"

CAPsules 4th Qtr. 2003 Case of the Month: "Elder Abuse Act Applies to More Than Just Elders"

CAPsules 4th Qtr. 2001, "All Physicians are Potentially at Risk for Elder Abuse Claims"  and   Case of the Month: "Elder Abuse - Addressing the Patient's Quality of Life"

Q. How does the MPT Peer Review process work?

A.
CAPsules 1st Qtr. 2004 "Peer Revew: A Core Value of Membership"

CAPsules 3rd Qtr. 2004 "Peer Revew: A Core Value of Membership Part II"

Q. I'm considering converting my paper records to an Electronic Medical Record system in my practice. What key issues do I need to address?

A.
CAPsules 4th Qtr. 2003 "Setting the Record Straight - The Physician's Legal Obligations in Using Electronic Medical Records"

Q. I am frustrated that some of my patients do not follow my advice and are non-compliant. What can I do?

A.
CAPsules 3rd Qtr. 2003 "Just What the Doctor Ordered: Dealing with Non-compliant Patients"

Q. I have received a medical record release authorization from a family member of a deceased patient. Do I have authority to release the record?

A.
CAPsules 2nd Qtr. 2003 "Authorization for Release of Deceased Patient's Records"

Q. What are my risks and obligations when I receive copies of my patients' records from former physicians?

A.
CAPsules 3rd Qtr. 2002 "Outside Medical Records: What to do When you Get Them"

Q.If my patient refuses my recommended treatment plan, must I try to persuade her to change her mind?

A.
CAPsules 2nd Qtr. 2002 "Informed Refusal; Risks & Consequences of Withholding Consent"

Q. My hospital has asked me to take on more responsibilities that I think may increase my risk. How can I respond?

A.
CAPsules 2nd Qtr. 2001 "Risky Business: Physician-Hospital Relationships"

Q.I am covering this weekend for a physician colleague. What are my responsibilities?

A.
CAPsules 1st Qtr. 2001 "On CAll this Weekend? Read this First"

Q. How long must I keep medical records?   (Please note: As Fraud and Abuse regulations have changed since the publication of this article, CAP recommends you retain records for at least 10 years, rather then the 7 yhears as stated in the article.)

A.
CAPsules 1st Qtr. 2000 "Retention and Storage of Patient Records - How Long?"

 

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