More than Malpractice Liability
By Dr. Charles F. Fenton III; Esq
Attorneys are becoming more aggressive in suing HMOs and other managed care companies.
A Review
Historic bars to such suits are declining simultaneously with recent Federal ERISA protection erosion. The upshot is that more litigation against managed care companies, their affiliates, and their health care providers are likely.
Doctor Awareness
The health care provider needs to be aware of these trends, needs to evaluate his/her own situation, and may need to take certain steps to limit these new evolving risks and potential liabilities.
For example, the usual method of protection for the practicing physician, the use of the corporate form of business, is usually no benefit when signing managed care contracts.
Most managed care companies credential the individual physician and hence require that the individual physician and not the professional corporation sign the contract.
Assessment
This may put all of the physician’s personal assets at risk!
Conclusion
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Filed under: Risk Management | Tagged: Managed Care |














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