How safe is your day or med spa, and what do you know about regulations?

Technology has increased the options in cosmetic health and wellness beyond the days of plastic surgery being the main alternative procedure when face creams and treatments fail to do the job. Today we can go to an esthetician at a medical spa for laser treatments and Botox injections with as much ease as going to get a haircut. While Day and Med Spas are becoming increasingly popular, so are the occasional news report of a problem with a service or treatment. Would you know whether the person performing skin laser treatments is required to be licensed and at what level? Is the person working with you covered by their malpractice insurance? To whom would you make a complaint? The more information we know about the law and Med Spas, the better we can use these facilities and share knowledge with one another.

The Illinois Department of Financial and Professional Responsibility (IDFPR) regulates medical spas.

There are several Esthetician[i] professions regulated and licensed by the IDFPR. These state licensed health and wellness professionals must complete specific education requirements and pass state required examinations to obtain their professional license required to practice.

Esthetic services provided at day and med spas are “treatments that affect layers of skin below the surface or treatments that affect other soft tissues of the body, or which are injected (Botox) or removed from the body (liposuction) are medical procedures that which require direct medical supervision. These procedures should only be performed by a licensed cosmetologist or esthetician.

What may happen when injuries or damages occur at a med spa?

In 2010, the IDFPR issued a news release warning the public to be more aware of spa treatments that can be performed by a licensed cosmetologist or an esthetician.[ii] With an increase in day and med spas, there are more people new to using these types of services, who may be at risk of “infections or injuries caused by untrained or unsupervised attendings performing what, in some cases, are actual medical procedures.[iii]”

In the event of injury or infection, a patient may seek reimbursement for damages directly or through and insurance claim or lawsuit. If the damages are a result of medical procedures performed by an untrained or unsupervised attendant, and not the licensed cosmetologist or esthetician, there could be additional investigations and discipline on the behalf of the state, through the IDFPR and other authorized agencies.

About the American Med Spa Association and its resources

To learn more about the day and med spa treatments, particularly those considered medical procedures requiring a licensed esthetic professional, the American Med Spa Association (AmSpa) website for Illinois offers answers to frequently asked questions by the consumers of day and med spa services. The site covers issues involving federal, state and local laws and regulations, as well as FDA and DEA information about the substances and products used in treatments.

If you have more questions about day and med spas in Illinois and want to learn more, contact the health law firm of Michael V. Favia & Associates in Chicago.

About us: Michael V. Favia & Associates, P.C. is a health law, litigation and licensing firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

 

[i] “The practice of esthetics covers a wide array of techniques that may include (but certainly is not limited to) steaming, waxing, extraction, chemical peels, and pore cleansing.” http://www.estheticianedu.org/what-is-an-esthetician/

[ii] IDFPR News Release: State Warns Holiday Shoppers to Remember: Safety First, Many Day and Med Spa Treatments Need Doctor Supervision. Dated December 15, 2010.

[iii] See HNii above.

Michael V. Favia speaks at CBA Administrative Law Committee Meeting Monday March 20

Come have lunch with the Chicago Bar Association Administrative Law Committee on Monday, March 20, from 12: 15 to 1:30 p.m. The topic is “Medical Cases Before the Illinois Department of Financial and Professional Regulation.”

There are many nuances of administrative law and professional regulation that apply in the review of cases involving health care professionals. Being a former Chief of Prosecutions at the IDFPR, then IDPR, Michael V. Favia is uniquely positioned in private practice to advise and represent individuals and organizations involving professional regulatory matters.

Also speaking at Monday’s lunch meeting are Ms. Susan Gold, Deputy Director for State Wide Enforcement, IDFPR, Division of Professional Regulation, and Mr. Donald Seasock, Chief Administrative Law Judge, IDFPR.

Monday’s Administrative Law Committee meeting is held at the Chicago Bar Association, 321 South Plymouth Court and lunch is available for purchase.

Earn Illinois MCLE credit based on the presentation length.

Use this link for more information and to learn how to use the webcast option to attend and earn credit.

 

About us: Michael V. Favia & Associates, P.C. is a health law and litigation firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

Facing challenges in documenting medical care

Every healthcare professional knows that, at some point in their medical practice, they may be called on to defend patient care. When time passes and our ability to accurately recall information is diminished we should be able to rely on documentation of events to answer questions. There are practices you can adopt that can make it easier to make a good habit of properly documenting everything that happens before, during and after patient care.

Documenting everything is not the only key component to keeping proper records. Your medical record entries must be adequate representations of what happened. Imagine a jury reviewing records in a medical malpractice case, assume they do not spend much of their time reading medical records. How might they react to inadequate records? What may be obvious to you may not be to them. When others are charged with judging your credibility, the quality of your medical records can either enhance or diminish your credibility.

Examples of detrimental documentation practices, as identified in the recently article published by The Doctors Company, The Faintest Ink.[i]

• Gaps and delays in documentation
• Illegible entries
• Dictation with blanks
• Unflattering or judgmental patient descriptions
• Entries appearing to vent negative feelings
• Altered records and records missing documents or entries

To ensure proper documentation, each time and every time, the best practice is to develop a system for entering and recording information. Almost like a checklist, you can determine the rules and procedures for managing information. Identify details regarding when, where, how, what and why information is recorded. While it may seem like extra work, at some point your medical records could be under review and read in isolation of other information. Therefore, every single time it is helpful to identify why an entry is being recorded.

Features and benefits of good documentation habits

Increased communication with patients and increased continuity of care should increase understanding, decrease misunderstanding. In many medical malpractice cases, the root of the problem leading to a complaint can often be identified as failure in the communication process.

One way to improve communication is to use dictation equipment to make your patient notes. When you dictate notes right in front of patients you are more likely to read the details into the notes so that the patient can understand everything. If, on the other hand, you are making dictation and sound cryptic or unclear, a patient could become nervous and worried about not having a clear understanding of their doctor visit.

When making entries, beware of the easy mistakes that you can make when using forms and templates. A simple mistake in recording information on a form can cause problems. If there is an error in checking boxes on one form, could there be more errors on other forms? Making independent notes every time you record patient information better insures accuracy and credibility of information.

It is a good idea to audit and review medical records to ensure that documentation procedures are consistently used. In the audit process, a reviewer may detect entries that may require a second look. If there is an error or missing information, it is always best to make a new record and attach it as an addendum to the original. Do not change or alter records when there is active or pending litigation.

For more tips on documenting patient medical records or if you have questions about exposure and liability in the event of a patient complaint or claim for malpractice, please be in touch with Michael V. Favia and Associates, P.C.

About us: Michael V. Favia & Associates, P.C. is a health law and litigation firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

[i] Source for article summary: The Doctors Company, The Faintest Ink, By Carol Murray, RHIA, CPHRM, Patient Safety/Risk Manager II.

Preventing medical malpractice claims with smart strategies

Physicians and their patients all make their best efforts to exchange information to ensure great patient care. At points in the healthcare process, there can be mistakes leading to dissatisfied patients. In many cases, miscommunication and errors can be corrected with little harm done. In other instances, malpractice complaints are filed. Everyone involved in the patient care process would prefer to avoid a negative incident or malpractice complaint. Being diligent in assuring good patient care involves adopting strategies in reducing risks of medical mistake.

In a recent article published in Medical Economics, several doctors and healthcare professionals shared their perspectives on improving patient care, communication and documentation, ideally reducing malpractice lawsuits.[i]

The following is a summary of 5 strategies to reduce malpractice lawsuit threats:

Proper documentation means documenting everything

“Every doctor is taught that if you didn’t put it in the chart, you didn’t do it.[ii]” In error in noting a patient’s chart begs the question of how to correct the typo or wrong word choices. The best practice is to make a separate notation which you identify and incorporate by reference in the original notation. Changing or deleting an error can lead to trouble.

Noting everything in the patient’s chart should also include any communication with patients and family members. Ask them to explain the information back to you to make sure they understand. Make a note in the chart describing exactly how the communication took place. If you note everything with the sense that any other physician could step into patient care without missing a beat, you are engaging in a positive habit that should help avoid medical mistakes and malpractice claims.

Transparency with patients and facilitating access to charts and notes

Does your physician share access to notes and charts? Would you know how to read and interpret those notes if they were made available to you as a patient? Transparency in healthcare services allows patients and their physicians to all understand the reason and course of care. A patient may elect to seek another medical opinion and if they do, the more information you share with them as the primary physician, the better you may be protected from later claims of medical mistake or malpractice. It may take longer to create notes that others can understand, but the benefit in transparency and documentation makes this a best practice.

Expressing empathy when sharing information with patients

When a physician discovers a medical error, they may face tough decisions in communicating errors with patients and their families. While the natural inclination may to apologize and express remorse for a medical mistake, too many physicians are worried about an admission of error which could lead to a malpractice claim. While contrition may be, appropriate and appease concerned patients and families in many instances, there may be times your apology is insufficient to resolve dissatisfaction.

Illinois is one of many states with “sorry laws” protecting physicians from exposure in malpractice cases for expressing apologies and remorse to patients and families. The form of an apology should be sincere and honest. You can effectively express empathy without saying too much that may confuse or give the patient and family the wrong idea. Apologies when due, can be an appropriate best practice. Notwithstanding, being aware of hospital administration and policies that may affect your patient communications is important.

Managing the risks associated with electronic health records

The intended purpose of electronic health records (EHRs) is to solve information and documentation concerns. The portability and access to EHRs should help prevent medical mistakes and malpractice claims. Nevertheless, there are EHR pitfalls to avoid, such as using auto-populating fields in the forms and copying and pasting. Drop down menu errors can also be a problem and cause the wrong information to be populated in the EHRs, which can lead to medical mistakes and malpractice. Imagine another physician relies on wrong information in a patient’s EHRs and misses a drug allergy or gives a patient wrong dose of medications.

Maintaining positive relationships with patients and their family

Reducing uncertainty and increasing understanding is good for physician-patient communication and care. When family members are involved, it is a good practice to let them know what is happening in the care process and what issues may arise and affect the patient’s health. Showing the patient and their family attention and explanation of what is happen and what is anticipated in patient care may give the patient and family solace in knowing their concerns are important and well-attended. Being realistic and transparent is always a best practice to increase understanding and prevent medical mistakes and malpractice claims.

Adding these strategies to your practice

Since so much documentation is required in healthcare, it should be reasonably simple to include these proactive patient care strategies to any healthcare practice. Adding reminders to engage in these tasks is helpful in adopting them as positive habits in practice. Health law, litigation and licensing attorney, Michael V. Favia works with patients, physicians and healthcare organizations to identify and manage risks and to prevent and resolve conflicts when they arise. An audit of a physicians practice can lead to solutions in preventing malpractice.

About us: Michael V. Favia & Associates, P.C. is a health law and litigation firm in Chicago representing individuals, healthcare professionals and organizations with civil legal matters as well as professional licensing and regulation.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent private individuals as well as healthcare professionals in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. Michael V. Favia & Associates is available at (773) 631-4580. Please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

[i] Medical Economics, 5 strategies to reduce malpractice lawsuit threats, By Liz Seegert, Nov. 10, 2016.

[ii] See HNi above.

PODCAST: Criminal Healthcare Fraud and Defense with Attorney Anthony Schumann

This podcast interview with Anthony Schumann focuses on current trends and topics in the area of criminal healthcare fraud and defense. In the next 30 minutes we will cover everything from how to be proactive in your practice and limit your liability, to what steps to take if you are audited, investigated or charged with a crime.

CLICK/TAP HERE TO LISTEN NOW

Topics covered in this 30-minute interview 

• Introducing Anthony Schumann, tell us about your law practice
• Sources of criminal healthcare law, state and federal
• Enforcement areas: home health, kickbacks, mental health, drug diversion, etc.
• What to expect during investigations and when to obtain legal defense counsel
• Professional licensing concerns in connection with dispositions of cases
• What to expect in defending criminal healthcare fraud charges

Anthony L. Schumann is a partner in the Chicago office of Quintairos, Prieto, Wood & Boyer, P.A.  For more than 30 years, Mr. Schumann has participated in over 150 civil and criminal trials and evidentiary hearings.  He focuses his practice in the areas of commercial litigation, employment law, government liability, and white collar criminal defense.  He has extensive experience representing corporate, governmental and individual clients in state and federal courts and during all stages of investigation and throughout the litigation process.  Mr. Schumann has extensive experience assisting companies with internal investigations and in handling compliance issues.  He has attained an AV® rating from Martindale-Hubbell Law Directory, the highest professional rating awarded for legal ability and ethical standards; and he is also included in the listings of Illinois Leading Lawyer and Illinois Super Lawyer.

# # #

Michael V. Favia & Associates are available to advise and represent health care professionals and the general Chicagoland community with a variety of legal issues. With offices conveniently located in the Chicago Loop, Northwest side and suburbs, you can schedule a discrete meeting with an attorney at your convenience and discretion.

For more about Michael V. Favia & Associates’ professional licensing work, please call (773) 631-4580, visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You may also connect with Attorney Michael V. Favia on LinkedIn and on Avvo.com where you may also read client endorsements and reviews.

PODCAST: Nursing homes, compliance with Federal and State Regulations with Carol Prosapio, RN

Today’s podcast interview with Carol Prosapio focuses on educating the public, nursing homes and their staff, about providing good patient care while at all times complying with all the rules and regulations of the Illinois Department of Health and the Illinois Department of Professional Regulation.

Topics covered in this 30-minute interview – Click/tap here to listen anytime!

• Making informed decisions when choosing a nursing home, do your research;
• Examining compliance requirements and how nursing homes strive for compliance;
• Increasing nursing home staff to provide increased resident care requirements;
• Resources for risk analysis, root cause, analysis regarding pressure ulcers;
• Pain management, fall prevention, infections, personal hygiene and activities.

Carol Prosapio is an accomplished registered nurse with 36 years experience. She served the State of Illinois, the last 11 years, working as a long-term care surveyor. A Health Facilities Surveillance Nurse, for the Illinois Department of Public Health, Carol inspected long-term care facilities to ensure compliance with Federal and State regulations. She investigated allegations of abuse, neglect, improper nursing care and misuse of resident funds. Additionally, Carol reviewed records, laws, and procedures, investigating and surveying legal and policy compliance. Carol is an alumnus of Moraine Valley Community College, the University of Illinois at Chicago and Lewis University.

Michael V. Favia & Associates are available to advise and represent health care professionals and the general Chicagoland community with a variety of legal issues. With offices conveniently located in the Chicago Loop, Northwest side and suburbs, you can schedule a discrete meeting with an attorney at your convenience and discretion.

For more about Michael V. Favia & Associates, please call (773) 631-4850, visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

Court rules hospital must disclose confidential physician credentialing records

The Illinois Supreme Court recently ruled that a physician’s application file and their data bank report information was subject to discovery in a plaintiff’s medical malpractice lawsuit alleging negligent credentialing. Hospitals have a duty to protect their patients against careless and incompetent physicians. Credentialing is the process through which a healthcare provider collects and verifies the professional qualification of a health care practitioner, including but not limited to relevant training, licensing, certification and registrations with health care regulatory boards and agencies. Negligent credentialing lawsuits involve the failure of a health care provider to meet its duty to conduct and maintain proper credentialing practices in connection with licensed health care professionals practicing within their health systems. In the event of a medical malpractice claim, the physician providing health care services might be negligent, but the health system might also be liable if they were negligent themselves, in the credentialing process.

Lawsuits arise out of medical malpractice claims where physician credentialing is at issue.

Credentialing of licensed health care professionals might take place at the direction or requirement by insurance companies, regulatory agencies, and health care administrations. It is common to re-credential a licensed physician following a medical malpractice claim; failure to verify a credential status following a claim for medical malpractice may expose the health care system to its own negligence and liability.

In the instant case, Klaine v. Southern Illinois Hospital Services (2016 IL 118217), the negligent credentialing medical malpractice lawsuit was filed against the physician and two hospitals where the physician was working. In the process of pre-trial discovery, the hospital responded to a discovery request from the plaintiff and responded with the production of approximately 2,000 pages of documents. Not included in the discovery response were two groups of documents, “which contained three of the physician’s applications submitted in 2009, 2010 and 2011 (Group Exhibit F) and “procedure summaries and case histories” (Group Exhibit J), arguing that they were privileged.[i]”

Claims of privilege, in the discovery process, are asserted by hospital defendants but can be overruled by courts, and in this case, the physician’s application file and data bank report was deemed discoverable.

The hospital in this case, asserted that the withheld documents were not subject to the discovery process, arguing they were privileged pursuant to the Illinois Medical Studies Act[ii] (MSA) and the Health Care Professional Credentials Data Collection Act[iii] (Credentials Act).

The Illinois Supreme Court held that the information subject of the Credentials Act is confidential, but it is not privileged, for purposes of a medical malpractice negative credentialing lawsuit. Likewise, the court ruled against the defendant’s argument that the MSA precluded the discovery, noting that “confidential” is not the same as statutorily privileged. The physician’s applications, procedure summaries and case histories were ruled discoverable.

Information about physician’s history of practice and any reports of medical malpractice claims, settlements and regulatory decisions involving matters such as discipline, are maintained in the secure National Practitioner Data Bank (Data Bank). Over the hospital’s claims that the Data Bank information was privileged under the Health Care Quality Improvement Act[iv], the Illinois Supreme Court found the Data Bank information was discoverable and stated, “We believe it is clear that information reported to the NPDB, though confidential, is not privileged from discovery in stances where, as here, a lawsuit has been filed against the hospital and the hospital’s knowledge of information regarding the physician’s competence is at issue.[v]”

Professional licensing and health care law and litigation attorney, Michael V. Favia asserts there are practices through which the hospital could have better insulated itself from exposure in this type of case.

Michael V. Favia states, “This case clearly set forth the unique intricacies of properly maintaining internal hospital records so that they are protected and not discoverable under various fact scenarios involving professional staff and/or internal risk management protocols.  Attorneys working in health law and in particular those handling hospital related matters should become very familiar with the details and judicial analysis of this case.”

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates, please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

[i] The National Law Review, Illinois Supreme Court Rules Physician’s Application File and Data Bank Report Information Discoverable in Negligent Credentialing Lawsuit, by Michael R. Callahan, Feb. 22, 2016.

[ii] 735 ILCS 5/8-2101.

[iii] 410 ILCS 517/1 et seq.

[iv] 42 USC § 11137(b)(1).

[v] See HNi above.

Image Source: Enterprise Medical Solutions website. http://bit.ly/1oF9fG4

Murder conviction: Doctor gets 30 years, patient drugs overprescribed

Image Source: LA Times, California doctor convicted of murder in overdose deaths of patients. http://lat.ms/1WnJRUF

In a landmark legal decision earlier this month, the doctor convicted by a jury for second-degree murder of patients was sentenced to 30 years to life in prison.[i] The doctor allegedly overprescribed drugs to patients. In response to the landmark decision and murder conviction, the medical community may change the rules and protocols for managing patient prescriptions for narcotics. When administered properly, drugs are safe, but when mixed in the wrong combinations or taken in excessive doses, drugs are lethal. Like other licensed professionals, doctors are uniquely trusted by most people as lifesavers, often expected to perform miracles. It is contrary to the general standards of decency to which many of us are accustomed, to question whether a doctor would overprescribe drugs to a patient to the point of death.

The jury answered the question whether Los Angeles Dr. Hsiu-Ying (Lisa) killed her patients.

During the trial, jurors heard testimonial evidence from some family members of Lisa’s patients who called the doctor a “drug pusher” and asked her to stop prescribing medication.[ii] The prosecutor told jurors that Lisa’s routine of prescribing drugs was full of “red flags,” and despite receiving more than 12 reports from law enforcement or coroners saying, “Your patient has died,” Lisa did not change her prescription habits.[iii]

If Lisa knew that her patients were dying and the cause was connected with the drugs she was prescribing, the inference is that she did not care whether the patients were at risk of death. Why would a physician overprescribe drugs? In many cases where doctors are prescribing pain medications, those drugs find their way into the wrong hands when patients misrepresent their health history for the purpose of obtaining a prescription with the intent to sell the drugs. Was Lisa a “drug pusher?”

The prosecutor told the jury that Lisa, “agreed to give patients powerful narcotics without asking follow-up questions even after some – including an undercover agent posing as a patient – told her about their drug addictions. “She wrote them a prescription for the very thing they’re addicted to.[iv]”” Lisa’s attorney defended her client and argued that Lisa was not motivated by money. The countless reports of warning signs and questionable prescription practices are troublesome in the medical community where the good and ethical physicians get nervous about prescribing certain narcotics.

If doctors fear criminal liability for patient death connected with narcotics, fewer people with legitimate needs might find a path to recovery.

Medical malpractice insurance may pay the loss of life claim if a doctor is found liable for negligence, but the malpractice policy does not apply to criminal liability and it will not keep a doctor out of prison. Imagine a patient is manipulative and deceitful, and an unknowing doctor prescribes painkillers that the patient sells to others and someone dies. Is the doctor going to be criminally liable? Could there be an imposition of strict liability for deaths related to painkiller prescriptions? If physicians are to be held to a super hero standard where mistakes are not allowed, we might see lower enrollments in medical schools because the risks of the practice of medicine would dissuade our brightest scholars from becoming doctors.

The conviction and sentencing of a physician, in connection with prescribing drugs, is compelling, especially where very few doctors nationwide have faced similar charges, and the ones who do are often acquitted. It is likely that the medical community may respond with new advice and protocols to prevent future cases of abuse and death.

Michael V. Favia & Associates represent and defend doctors and their medical practice.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent licensed physicians in all types of litigation and administrative matters involving licensing and regulatory agencies. When a physician is accused, no matter in what form, of wrongdoing or negligence, it is imperative to manage the situation appropriately. In some instances, there is a duty to report, and when done correctly, the results are greatly improved.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates, please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

 

[i] Los Angeles Times, Doctor convicted of murder for patients’ drug overdose gets 30 years to life in prison, by Marisa Gerber, Feb. 5, 2016.

[ii] Los Angeles Times, California doctor convicted of murder in overdose deaths of patients, by Marisa Gerber, Lisa Girion and James Queally, Oct. 30, 2015.

[iii] See HNi above.

[iv] See HNii above.

Illinois doctors fearful of investigation for participating in Medical Cannabis Pilot Program

Image source: Reboot Illinois, POLL SHOWS VOTERS SUPPORT EXPANSION OF ILLINOIS MEDICAL MARIJUANA PILOT PROGRAM http://bit.ly/1LlEYS1

Some doctors in Illinois are hesitant to provide referrals for medical marijuana as they hear news of the state medical licensing board and agencies investigating some of the physicians who do provide medical marijuana referrals. While doctors who participate in the practice of making medical marijuana referrals may be operating in compliance with state law, there is always potential for abuse. With the medical marijuana law, the Medical Cannabis Pilot Program, in Illinois being relatively new, it is likely there are physicians who do not understand all the requirements and duties under the law. The doctors under investigation could receive a written reprimand or more discipline including the suspension and revocation of medical licenses and privileges.

Requirements for Illinois doctors under the Medical Cannabis Pilot Program

The law requires that doctors and patients have a “bona fide relationship” before a medical marijuana referral may be provided. The physician is required to fully assess the patient’s medical history, review medical records and examine the patient to determine whether they qualify for medical marijuana because they have one of the approved ailments requiring that doctor’s ongoing care.[i] The Illinois medical marijuana laws are written to prevent the walk-in clinic scenario where anyone off the street can walk in the door, pay a fee and obtain a medical marijuana referral. Illinois lawmakers worked to pass a law that better ensured only truly bona fide patients with real need for medical marijuana would be able to obtain that medication through a properly screened system.

Illinois state authorities have not publicly identified any doctors being investigated for violations of the law. There are four known cases of complaints against doctors who have also not been identified.[ii] Generally, the Illinois Department of Financial and Professional Regulation (IDFPR) investigates and disciplines Illinois doctors who violate the law or are suspected of medical malpractice or negligence. There is a dedicated webpage on the IDFPR site addressing the Medical Cannabis Pilot Program, with resources and links to relevant law and the structure of the department and its role in overseeing medical marijuana dispensaries.

The Illinois Department of Financial and Professional Regulation and its roles in medical marijuana

The IDFPR also disciplines and may suspend the license and privileges of an Illinois physician who does not practice within the stated requirements and duties under the new medical marijuana law. The number of patients seen and given referrals for medical marijuana may raise a red flag to individuals observing a healthcare practice that provides medical marijuana referrals. Whether a patient truly has a bona fide relationship with the doctor, and whether the patient truly suffers from one of the 39 state approved medical conditions might be the subject of an investigation.

There are several paths that could lead to investigations of doctors participating in the Medical Cannabis Pilot Program. Physicians in competition with another could be opposed to medical marijuana. Commercial real estate neighbors may be opposed to medical marijuana patients near their stores and customers. For whatever reason an individual might make a complaint against a doctor, there are protocols and practices to adopt when treating patients and providing medical marijuana referrals. Keeping good notes and being redundant in ensuring compliance with state law is important.

Michael V. Favia represents Illinois physicians and health care practitioners with legal matters related to medical marijuana and the practice of medicine, generally.

Chicago health law and litigation attorney Michael V. Favia works with Illinois physicians with medical practice liability concerns and state licensing issues. A former Illinois Department of Professional Regulation prosecutor, Favia is well-known for representing doctors with an intimate level of knowledge and experience in how the professional regulation systems work in Illinois. If you or a physician you know is concerned about compliance with the Medical Cannabis Pilot Program please call Michael V. Favia and Associates, P.C.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates, please visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

[i] See the Illinois Department of Public Health web page, Medical Cannabis.

[ii] Chicago Tribune, Is risk of state discipline scaring doctors away from medical marijuana, by Robert McCoppin, Feb. 10, 2016.

Medical experts in court and evidence based medicine with Dr. James Harlan of INSPE Associates, Ltd.

The Illinois Professional Licensing Consultants is a group of highly experienced attorneys and investigators who represent and defend licensed professionals. These featured attorneys, previously worked for the Illinois Department of Professional Regulation, and will represent and/or defend licensed professionals in cases involving the Illinois Department of Financial and Professional Regulation, Illinois Department of Public Aid and Illinois Department of Public Health. We also feature guests who work in business and professional fields who complement our efforts.

Click/tap here to listen to the podcast anytime on demand.

Topics and questions covered in this 30-minute podcast interview:

• What does it take to be a medical expert?
• What should attorneys be looking for in a medical expert?
• Daubert vs Frye rulings: some states have different burdens to prove opinions for medical experts;
• Evidence based medicine, what makes a good study beyond a mere claim;
• About INSPE and what we do for the attorney and the expert.

James Harlan, MD, FACEP, received a BS in Biology/Chemistry from the University of Evansville and his MD from Michigan State University College of Human Medicine. He completed residency at the Resurrection Emergency Medicine Program in 2009 and has been practicing emergency medicine since. Currently, he practices at Northshore University Healthsystem. He joined INSPE in 2012 and is currently focused on the growth of the company. Recently, he has volunteered his time teaching emergency medicine residents and medical students. He has also given his time to ICEP for board review courses. His free time is spent with family.

Michael V. Favia & Associates are available to advise and represent physicians with a variety of legal issues. With offices conveniently located in the Chicago Loop, Northwest side and suburbs, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates’ professional licensing work, please visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You may also connect with Attorney Michael V. Favia on LinkedIn.