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Frequently Asked Questions

• When would a jury find a doctor guilty of medical malpractice?
  A jury may find a doctor guilty of medical malpractice if the plaintiff proves that the doctor was negligent under the law. Some common scenarios that result in findings of medical malpractice … more
• How can I defend myself against a medical malpractice claim?
  In order to successfully defendant yourself against a medical malpractice claim you must prevent the plaintiff from proving a required element of the plaintiff’s case. Successful … more
• What are Medicare Anti-Mark Up Rules?
  Medicare’s new Anti-Mark up Rules went into effect on January 1, 2009.The Medicare Anti-Mark Up Rules are meant to prevent the mark up (price increase) of certain diagnostic tests that are … more
• What should I do if I'm audited by Medicare?
  While a Medicare audit should not be cause for panic, it should be taken as seriously as an IRS tax audit. Medicare can audit physicians in one of two ways. Physicians can be audited in … more
• What are the potential penalties for Medicare fraud?
  Physicians or health care entities that are found to have committed Medicare fraud face serious consequences. They will be required to repay the Medicare overpayments which they received and … more

Legal Articles

• What is the Emergency Medical Treatment and Active Labor Act of 1985?
  The Emergency Medical Treatment and Active Labor Act of 1985 (“EMTALA”) was passed as part of the Consolidated Omnibus Budget Reconciliation Act of 1986, a federal law that is more commonly known as “COBRA”. EMTALA is the portion of COBRA that determines the circumstances under which a patient can be refused medical treatment, and/or be transferred to another … more
• What are Good Samaritan laws?
  Good Samaritan laws, which are also known as Volunteer Protection laws, are state laws that are enacted to protect healthcare providers and other rescue personnel from being sued as a result of providing help to a victim during an emergency situation. As long as you use reasonable care in assisting a person during an emergency, based on the resources that you have available to you at the … more

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