Physicians and various healthcare professionals require sound legal advice throughout their careers. Since medical practitioners operate in a highly regulated and litigious environment legal guidance is a strategic necessity. Doctors, surgeons, and other healthcare personnel must hire an attorney that understands state and federal healthcare laws.
Additionally, your lawyer should be a skilled negotiator and litigator. So, hire an experienced attorney for peace of mind.
Which Doctors Face the Greatest Number of Medical Malpractice Lawsuits?
General surgeons and specialty surgeons face a higher risk of lawsuits than other specialists. OB/GYN and ER doctors also experience high numbers of malpractice suits. Lawsuits involve various types of errors and negligence.
Plastic surgeons, in particular, face a unique set of legal challenges due to the cosmetic and often elective nature of their procedures. For example, breast reduction surgery—though medically necessary for many patients—can lead to malpractice claims.
Given the high expectations and personal nature of aesthetic procedures, plastic surgeons must maintain strict documentation and patient communication protocols. And as with all specialties, hiring an experienced medical malpractice defense attorney is essential for defense and risk mitigation.
Situations Where Healthcare Providers Need an Attorney
Physicians and most healthcare professionals interact with other people daily. Considering this fact, and the nature of the job, the chance of legal consequences remains high. Additionally, hundreds, if not thousands of laws and regulations govern the medical field. So, solid legal advice is very important. Some key examples of times to seek legal expertise include:
- Signing contracts – Before you sign an employment agreement make sure your lawyer thoroughly examines it. Complex physician contracts should be evaluated before you sign. These agreements often include compensation, non-compete clauses, partner agreements, termination conditions, benefits, working hours, and other terms. Your attorney will make sure you are protected and may help you negotiate for better terms.
- Establishing a business – Structuring a business is a complex process. Legal counsel is vital in mergers, acquisitions, dissolutions, partnership agreements, and other issues. Your lawyer will also ensure that your business complies with federal and state laws and regulatory requirements. All businesses must legally comply with hiring, billing practices, vendor contracts and more. Once again, your attorney will explain this to you.
- Regulatory Compliance – Generally speaking, most healthcare providers understand HIPPA (Health Insurance Portability and Accountability Act). Other important regulations include Stark Law, Anti-Kickback Statute, and state medical board regulations. All staff must follow the law, or the practice will be heavily fined. Your attorney will explain the importance of following these laws.
- Medical Malpractice Defense – Any time a medical professional is accused or charged with medical malpractice it is a horrible experience. Even an unfounded charge may damage your reputation. Enlisting an experienced attorney immediately is vital for your protection. If found guilty, you may be fined or sent to prison. So, hire the best attorney with experience in this area.
- Estate Planning and Asset Protection – High net worth individuals must have their personal assets, family and businesses protected with an estate plan. An attorney that specializes in this area will protect your assets from litigation and provide protection for you and your family.
- Employment Termination – If you are terminated before your contract expires, contact an attorney before you sign anything. Your attorney will investigate and ascertain if there is any way to return to your job or sue for illegal termination. Remember to keep quiet during this process. Do not tell others what you are planning to do.
- Buying or Selling a Medical Practice (Healthcare M&A) – Healthcare mergers and acquisitions require careful legal and financial planning. Whether you’re buying or selling a medical practice, an experienced healthcare attorney will assist with due diligence, negotiating the terms of the transaction, transferring licenses and contracts, and ensuring regulatory compliance. This is especially important in Florida, where strict rules apply to Medicaid and Medicare billing, licensure, and corporate practice of medicine laws. The right legal guidance can prevent costly mistakes and protect your financial future.