Tag Archives: Michael V. Favia

Health Practice Advisors’ Alan Shifrin Presents at May 17 Dinner on Buying and Selling Health Care Practices

SCHAUMBURG, Illinois – On Wednesday, May 17, 2017, Alan Shifrin, J.D. speaks on issues in buying and selling healthcare practices. The dinner presentation at Maggiano’s in Schaumburg starts with cocktails at 5:30 p.m. and concludes at 9:30 p.m. This is a Health Practice Advisors (HPA) event sponsored by Apex Design and tickets remain available.[i]

The focus of HPA member, Alan Shifrin’s presentation is the identification of complex issues in the process of buying or selling a healthcare practice. Medical, dental and other healthcare practices have unique legal issues in addition to the tax accounting, valuation and psychology matters for consideration.

Highlighting pitfalls and issues in buying and selling healthcare practices, Alan Shifrin uses the F.L.U. acronym, “Don’t let your practice get the F.L.U.” The acronym stands for Feasibility, Legality and Understandability. Avoiding practice transaction F.L.U. requires attention to the terms, structure and price as well as legal compliance and complete disclosure of material facts and understandings thereof.

Michael V. Favia, HPA Chairman, recommends this event and other HPA events and resources designed to educate and assist healthcare professionals with the business end of their practice.

BUY TICKETS FOR THE MAY 17 DINNER

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About the Health Practice Advisors:

Health Practice Advisors is a consortium of proven healthcare experts, assembled to help providers grow and enhance their practice’s viability and profitability. Our team is poised to offer comprehensive solutions to the most complex healthcare business needs. Allow us to focus on building the business side of your practice, enabling you to devote your energy to patient care.

To learn more about our company, or to schedule your FREE, personalized consultation with us, please call Health Practice Advisors at 773-796-3213 or email at info@healthpracticeadvisors.net.

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] To purchase tickets for the dinner at $50 per person, please RSVP with this link: http://www.healthpracticeadvisors.net//sponsorinformation/

PODCAST: Appealing adverse final rulings in healthcare discipline, discharge and termination

Today’s podcast interview with attorney Michael Cohen, focuses on his work with attorney Michael Favia in defending healthcare professionals and appealing adverse decisions from any state agency final ruling affecting involving discipline, discharge and terminations. There are many compelling reasons to file an appeal of a ruling affecting your healthcare career. Attorneys Cohen and Favia work as a team to fight for the professional being disciplined or terminated. USE THIS LINK TO LISTEN ANYTIME

Topics covered in this 30-minute interview:

  • Common elements in reportable healthcare discipline, discharge and termination cases;
  • Describing usual procedural processes leading to an appealable final ruling and decision;
  • The measurable impact of healthcare discipline or termination on a local and national level;
  • What to expect in appealing an adverse discipline, discharge or termination ruling.

Michael B. Cohen is a partner in the Chicago office of Quintairos, Prieto, Wood & Boyer, P.A. Mr. Cohen represents clients in a wide variety of civil and criminal litigation matters, both state and federal at the trial and appellate levels, focused on complex commercial litigation. His litigation practice includes the areas of appellate law, bankruptcy, civil rights, commercial, constitutional, criminal, employment, estates and trusts, insurance coverage, medical malpractice defense, personal injury actions, privacy, professional liability, and real estate.

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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.

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.

 

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.

Advantages of being represented by an attorney in IDFPR proceedings

 

The Illinois Department of Financial and Professional Regulation (IDFPR) is responsible for the regulation and oversight of professionals in Illinois. The IDFPR has a duty to the people of the State of Illinois to ensure that its licensed professionals meet the guidelines and standards of professional practice. In healthcare practice, like others, when an individual files a complaint about a licensed healthcare practitioner, the IDFPR has a duty to investigate the claim and engage in disciplinary proceedings where appropriate. Many complaints made against healthcare professionals are disposed of and no action is taken. If and when an Illinois-licensed healthcare professional receives notice of an incident, it is a best practice to hire be represented by an experienced professional licensing attorney during the process.

IDFPR investigations and proceedings are conducted pursuant to administrative legal standards and its individual policies and procedures.

Administrative proceedings and the policies and procedures involved are unique to each agency. The IDFPR uses its own methods and rules to conduct investigations, hearings and disciplinary proceedings. Since the process is unique, it can beyond the practice area scope of general legal practitioners. Attorneys in healthcare law and licensing practice have unique experience in representing healthcare practitioners before the IDFPR.

Michael V. Favia knows how IDFPR investigators and prosecuting think because he is a former Chief of Prosecution for the agency, when it was known as the Illinois Department of Professional Regulation. Favia knows how and when to resolve a licensing case in the best interests of the licensed healthcare professional.

The best case scenario is being diligent and avoiding professional practice investigations and potential outcomes that could damage a healthcare practitioner in their career and reputation.

There are further and other implications of licensing and disciplinary decisions. For example, discipline in Illinois is reported to the National Practitioner Databank, and an adverse decision in Illinois could trigger investigation and discipline in other states if the individual holds licenses in more than one state.

Licensed healthcare professionals have a duty to report certain occurrences, as a conditional requirement for maintaining a valid license to practice. How and when information is communicated to the IDFPR or relevant state board or agency can be the difference between diligence and discipline.

Preventing a future IDFPR investigation is another goal Favia uses when working in healthcare law and litigation. In medical malpractice cases, the outcome of a lawsuit can directly lead to an investigation.

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.

Failure to report an incident involving charges or convictions of crimes can lead to worse consequences.

What happens if I voluntarily surrender my medical or nursing license?

There are so many possible scenarios in which nurses and physicians may be subject to discipline by the state medical boards and licensing departments. What you decide to do in one state can impact what happens in another state if you hold multiple licenses. While some legal problems, such as convictions for fraud or injury to a patient, might seal your professional fate, not all allegations or findings of fault are met with the suspension or revocation of your license by the state. A crime involving dishonesty or moral turpitude might be treated differently than the allegation of failure to follow a state law correctly. In the event the wrongdoing you fear will lead to loss of license, is something you can get help for, such as in the case of substance abuse or addiction, treatment and rehabilitation may be helpful in showing the state that you are not a threat to the public. The best idea is to work with a professional licensing attorney who can advise you and help weigh your options.

What is the benefit of voluntarily surrendering your medical or nursing license?

The short answer, is when you elect to voluntarily surrender your license, you avoid going through the process of the investigating board scrutinizing you or your conduct at hearings and making findings of fact and conclusions that may be published on websites in the public domain. In Illinois, for example, the IDFPR publishes notes of their decisions and discipline on the website, searchable by anyone.

In the event your hold licenses in multiple states, the voluntary surrender in one state may be favorable, compared to findings of fault, when other states may investigate whether to discipline you or affect your license in their state.

A surrender may be a permanent solution to a temporary problem, and should be taken seriously.

In most states, when you voluntarily surrender your nursing or medical license, you also swear to never apply for the reinstatement or make an original application for a new license. Your career options can be severely limited by having a surrendered license.

The terms of discipline, if any, can include a suspension of license and privileges for a minimum period of time and until further order of the medical board or licensing department. Depending on the circumstances of discipline, it may be possible to fully reinstate the license, privileges and career.

A professional licensing attorney who works with healthcare professionals, can advise as to the disciplinary process and expected outcomes.

Michael V. Favia & Associates, P.C. represents Illinois-licensed professionals in actions involving the IDFPR. A former Chief of Prosecution with the Department, Michael V. Favia is well-known for his work on both sides of administrative licensing law.

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.

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 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.

MICHAEL V. FAVIA AND ASSOCIATES WELCOMES ANNA LOZOYA, JD, RN, OF COUNSEL

FOR IMMEDIATE RELEASE

Health Law and Litigation Attorney, Michael V. Favia Welcomes Anna Lozoya, JD, RN, Of Counsel to the Michael V. Favia and Associates, P.C. to Work on Health Related Matters.

099CHICAGO – Wednesday, April 20, 2016. Health law and litigation attorney, Michael V. Favia, announces that this spring, Anna Lozoya, JD, RN, joined Michael V. Favia & Associates, P.C. as an of counsel attorney to work on health related matters including personal injuries, medical malpractice , IDFPR, and Illinois Department of Health matters.  She is also is bi-lingual and has extensive experience in real estate law.

Lozoya attended the University of Miami’s School of Nursing and Health Studies. Lozoya graduated from DePaul University’s College of Law in 2012. During her tenure in law school, she was a student attorney in the Civil Rights Clinic and a staff writer of the DePaul Journal of Health Care Law. Lozoya continues to work as nurse in critical care in Chicago.

Lozoya currently holds the position of secretary of the Puerto Rican Bar Association of Illinois; Region IX Deputy President of the Hispanic National Bar Association (HNBA); and co-chairs the Bar Organization Outreach Committee and the Health Law Committee of the Women’s Bar Association of Illinois.

Lozoya offered comments to questions about her new position, of counsel, to Michael V. Favia & Associates, P.C.:

How does your of counsel position with Michael V. Favia & Associates, P.C., complement your existing legal practice in health law, litigation and professional licensing? “As of counsel of Micheal Favia’s firm, I am afforded the opportunity to utilize my skill set as an attorney and nurse. Mike’s practice encompasses more than just medical malpractice. The Favia name is synonymous effect and diligent legal representation. The of counsel position will expand my civil practice into other areas of contract law such as health care and physician agreements. I currently provide nurse-consulting services, which includes but is not limited to medical record analysis, chronologies, and summaries. I will provide these services for the law firm on any and all cases that require an expert’s opinion.”

What unique perspectives to you bring to the firm? “Before becoming a nurse and an attorney, I was an auditor for a CPA in Miami. That position not only taught me to be thorough but required meticulous review of financial data and documents. This skill has transferred into all aspects of my life. During representation and consulting of clients, it is the recognition and discovery of minute distinctions that have yielded favorable results for my clients. I also have an extensive sales background, which instilled considerable listening skills; this set of skills serves as the bedrock of building and maintaining all of my client-attorney relationships. The majority of my current legal practice is in real estate which has refined my negotiation technique.”

What would you like future clients and colleagues to know about you? “I am a lover of knowledge and challenges. I look forward to collaborating with Mike and his associates. I continue to have the privilege of healing and assisting Chicago’s sick. I currently work as a Registered Nurse in the areas of: medical-surgical; telemetry; ambulatory surgery; medical intensive care unit (MICU); coronary care unit (CCU); and post anesthesia care unit (PACU). l enjoy a good laugh, a delicious slice of cheese pizza, and a brisk jog on Lake Michigan.”

Lozoya was recently featured in the Illinois Professional Licensing Consultants podcast interview, explaining how she works of counsel to Michael V. Favia & Associates, P.C. in connection with workers compensation cases and other related health law and litigation matters. PODCAST: Workers Compensation: Independent medical examinations with Anna Lozoya.

To learn more about, or to speak to Anna Lozoya, JD, RN, Of Counsel to Michael V. Favia & Associates, P.C., please contact the firm at (773) 631-4580.

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.

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 call (773) 631-4580, 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.