5 Common Situations When Physicians Will Need a Lawyer
Lawyers and physicians are both in the business of taking care of people, but there are plenty of times when they need each other. In fact, physicians tend to need legal services more often than most solely due to the delicate nature of their work. Interacting with people on a medical basis and even on a personal level that may involve direct physical content often leaves the door open for legal entanglement. Let’s take a closer look at some of the most common situations in which a physician may need to hire a legal representative.
To Defend Against Medical Malpractice
As a physician, one of the worst situations to face is being accused of malpractice. While medical malpractice realistically is not that common, being accused of such is. This is one of the main reasons all doctors must maintain tail malpractice coverage. Not only can such claims have a negative effect on your reputation, but they can also drain your bank account. Hiring a lawyer is one of the best ways to protect your income and your reputation.
To Defend Against Wrongful Termination
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Physicians that have their own practice naturally will have others working for them in their office. In the event that an employee files a wrongful termination claim after being fired, having a lawyer on hand will be essential. This also holds true for occasions in which an employee files a formal complaint with OSHA, EEOC, or The Department of Labor. A lawyer will be needed to defend your practice against these claims.
To Fight On Your Behalf Following a Workplace Accident
Doctors and healthcare workers work in high-traffic, high-stress situations on a daily basis. Naturally, accidents will happen. Most accidents are covered under various insurance clauses, however, there may be times an accident lawyer with experience in the medical field is needed. If the facility is not willing to support the claim or if there are problems with compensation, a lawyer will be able to fight on behalf of the physician for proper compensation.
HIPAA Breach Accusations
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The Health Insurance Portability and Accountability Act has been put in place to protect the private information of patients. Most doctors take HIPAA seriously and will do everything within their power to avoid breaking it. However, if a patient files a HIPAA claim, hiring a lawyer to negotiate or fight the accusation in court is essential. There are very few physicians who are able to successfully defend against a HIPAA breach claim, which is why hiring a seasoned medical lawyer is essential.
Breach of Contract
Most physicians are very selective when choosing where they will practice medicine. From hours or even months of research to interviewing at several hospitals, the hunt for the perfect position is rather complex. Despite all the effort that may go into finding the perfect job, sometimes things just won’t work out. In the event that a physician has been terminated improperly, or if some other aspect of their employment contract was breached, a lawyer will come in handy. There are a lot of loopholes and caveats hidden in physician contracts, often only a lawyer will be able to decipher them.
The Importance of Legal Representation for Physicians
Medical malpractice, HIPPA violation claims, and wrongful termination are some of the most common reasons a physician may end up in court. Having a lawyer that is well-versed in medical cases is critical to building a strong defense. A medical lawyer will be able to navigate deadlines, understand contract clauses, and more.
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