Legal
Will OSHA cite me for requesting employees not wear masks?
September 1st 2020While several employees wanted to wear masks upon his office reopening, Dr. Covid reminded them that their state governor and city mayor did not require their use. Now an employee has contracted COVID-19 from a patient and has filed a complaint with the Occupational Safety and Health Administration. Should he be concerned?
Is Covid-19 a defense to a battery charge?
July 20th 2020Dr. Joe acquired a new laser prior to the pandemic. Three patients are scheduled for treatment during which he had told them a laser expert would be present. The laser expert deferred due to COVID-19. After carrying out the procedures alone, one patient sues for battery, though there were no adverse events. Is this battery? Can Dr. Joe use COVID-19 challenges as a defense?
Does FDA have jurisdiction over my comments?
June 26th 2019The Food, Drug and Cosmetic Act (FDCA) gives the U.S. Food and Drug Administration (FDA) the authority to ensure that drug/device promotion is not false and/or misleading. But does that mean the FDA can regulate physician comments on drugs and devices? Dr. Goldberg provides his insight in this month's Legal Eagle column.
Can I charge uninsured patients more?
April 30th 2019It is common knowledge that both not-for-profit and for-profit hospitals across the U.S. have policies of charging uninsured patients more. And some physicians have done the same. But patients are starting to question these policies, landing some hospitals and physicians in hot water.
Can I import medications for poorer patients?
March 28th 2019In this month's Legal Eagle column, David J. Goldberg, M.D., J.D. discusses a scenario in which a physician tries to provide a better treatment option at a lower cost for his underinsured patients by importing medication from another country, but is reprimanded by the FDA. Find out why.