Need legal advice... I'm MAD.

Moses · 01:05 PM

One of my medical staff associates has been the subject of a very politically motivated disciplinary action. This doctor was forced to have all her patient charts reviewed by an independent physician. The medical staff asked me to "supervise" this doctor and perform daily chart reviews or the doctor would lose her hospital admitting privileges. I signed the contract agreeing to supervise.

This "punishment" is entirely unnecessary as this is a talented and conscientious physician. I expected my chart review obligations would be brief. But I've been reviewing charts daily since APRIL.

My contract does not specify payment. Nor does it specify that my time and expertise (and potential legal liability) are to be given free of charge.

I am not the subject of any disciplinary action, nor do I sit on any committee that decides such action. I am going to send the hospital a very large bill for my professional time. Because my contract does not specify payment or lack of payment are they legally compelled to pay a fee that is in line with the usual and customary rates for such services in our community?

HardDrive · 10-01-2012, 11:52 AM

You work with my wife? We are in the middle of a legal crap storm at the moment

100% political. If the public only knew how much time and energy is wasted on political BS in the world of medicine...,,

Moses · 10-01-2012, 01:05 PM

Quote:

Originally Posted by HardDrive

You work with my wife? We are in the middle of a legal crap storm at the moment

100% political. If the public only knew how much time and energy is wasted on political BS in the world of medicine...,,

Busy productive doctors want nothing to do with medical staff governance. As a result, the medical staff is run by a collection of marginal doctors who are still bitter because they were always picked last on the playground kickball teams.

Tobra · Tobra's Garage

A reasonable person could not expect a doctor to devote this much time gratis, unless said physician volunteered to be on the surgery committee or consented to be the chief of their section, like my dumb ass. It is only one morning a month, so what the heck. Only reason I said yes is because the rest of the podiatrists are so apathetic they would not care if the administration screwed us over, until they already did. If you are privy to what is going on, you can steer things a bit. I bet there would not be a wound clinic if it were not for the vascular guys and myself.

Surgery committee is populated by a pretty good group of people. The head of neurosurgery got bent enough at the hospital administration guy at one of the meetings that I thought he was going to jump the table and throttle him. Head cracker doc has a pretty cool DB9 convertible.

A couple guys are making noises like they want me to be chief of surgery, no effing way.

Certainly your time and opinion have value. Make up an invoice and send it to them. You can find out what the going rate is for expert witness time in your neck of the woods and hit them with a bill. I would couch it as you did not want to let the financial liability get too large when it appears there is no basis for the concerns they have you investigating. WRT potential liability, I have no doubt they have a policy to cover you, something to cover the board of directors and the staff officers should also protect you.

Don Plumley · Don Plumley's Garage

Quote:

Originally Posted by Moses

Busy productive doctors want nothing to do with medical staff governance. As a result, the medical staff is run by a collection of marginal doctors who are still bitter because they were always picked last on the playground kickball teams.

LOL. As the man says, you know what they call the idiot that graduated last in their medical school class? "Doctor"

Talent is a bell curve. Yes, for physicians the entire curve is left-shifted over the general population, but there is still two sigma to the right.

GWN7 · 10-01-2012, 01:54 PM

As your contract does not specify payment, management might not agree to pay but does the contract specify a time period? IE 6 months, one year?

You might want to send a note with your bill and ask how much longer they wish you to review the other Doctors files as your fee for this service will be going up as of (insert date).

Moses · 10-01-2012, 01:59 PM

Quote:

Originally Posted by GWN7

As your contract does not specify payment, management might not agree to pay but does the contract specify a time period? IE 6 months, one year?

Nope. No time limit.

stomachmonkey · 10-01-2012, 02:00 PM

Sounds like you needed legal advice BEFORE signing that thing.

Sucks, hope you get it worked out.

sammyg2 · 10-01-2012, 02:04 PM

Quote:

Originally Posted by Don Plumley

for physicians the entire curve is left-shifted over the general population, but there is still two sigma to the right.

That's why I could never be a doctor. Dealing with all that smegma, ewww gross.

Rot 911 · 10-01-2012, 02:45 PM

Moses, if in fact you actually signed this "contract" it is not a legally binding contract unless you received some form of consideration. Consideration is an essential element of any valid contract. It may consist of some right, interest, profit, or benefit that accrues to one party, or alternatively, of some forbearance, loss or responsibility that is undertaken or incurred by the other party. It is not necessary for a contract to be supported by a monetary consideration, but you do need to get something for it to be a binding contract.

tabs · 03:35 PM

One might want to approach them first (after consulting with an attorney of course and without mentioning the attorney) to tell them Geez this has been going on for so long and it is taking up so much of my proffessional time...that I ought to be compensated in some way or fashion...If they turn ya down..then...Your going to sue over the amount of consideration that is to be provided to you. Of course you will settle before the Trial date....if you push them to the limits they will be watching you, you are not a team playa and will even pick at you to see if they can make ya jump...then you just be your jovial self going outa your way to be a nice guy and in about 6 months to a year they will form a new opinion and love you all over agian fo being such a nice team playing jovial guy...

The Hospital left the barn open on the consideration issue

Zeke · 10-01-2012, 03:39 PM

Seems to me the first key word here is "asked." The next word, "contract," may refer to Moses general contract with the hospital, not a contract to review daily charts. I think some clarification is in order unless this is just a rant.

Which I completely understand, if it is.

But why so suddenly after doing this since April? Something tipped.

Moses · 10-01-2012, 03:53 PM

Quote:

Originally Posted by Zeke

Seems to me the first key word here is "asked." The next word, "contract," may refer to Moses general contract with the hospital, not a contract to review daily charts. I think some clarification is in order unless this is just a rant.

Which I completely understand, if it is.

But why so suddenly after doing this since April? Something tipped.

It's a CONTRACT. The Medical Executive Committee decided that the doctor in question needed to agree in writing to several stipulations, including the need for continual medical records review.

When I was presented with the contract, I asked for a few days to review it. They said that unless I signed immediately, the physician being disciplined would be immediately placed on summary suspension and reported to the State Board of Medical Quality Assurance. That would be a career killer. I signed.

Keep in mind, the grievances are entirely political in my opinion. She is a very talented and conscientious physician.

nostatic · nostatic's Garage

is she hot?

sorry, someone had to ask...

Moses · 10-01-2012, 04:07 PM

Quote:

Originally Posted by nostatic

is she hot?

sorry, someone had to ask...

She is. No pics.

nostatic · nostatic's Garage

sorry, no pics, no doc

DanielDudley · 10-01-2012, 04:10 PM

Quote:

Originally Posted by Moses

It's a CONTRACT. The Medical Executive Committee decided that the doctor in question needed to agree in writing to several stipulations, including the need for continual medical records review.

When I was presented with the contract, I asked for a few days to review it. They said that unless I signed immediately, the physician being disciplined would be immediately placed on summary suspension and reported to the State Board of Medical Quality Assurance. That would be a career killer. I signed.

Keep in mind, the grievances are entirely political in my opinion. She is a very talented and conscientious physician.

They screwed themselves there. If you get a lawyer. you could eat them alive, or perhaps just put a stop to this mess.

Tobra · Tobra's Garage

Quote:

Originally Posted by Moses

Nope. No time limit.

I think the doctor you are shadowing probably needs an attorney, not you.

A 6 month fishing expedition without results, or that is the impression I get with the politically motivated bit. If there were an issue, it would have manifest itself by now. They are liable to just "ask" another guy to follow her around if you don't handle shutting it down correctly.

Obviously you are not at liberty to discuss this, and perhaps have said too much already, but WTF is wrong with your MEC? You absolutely have to have an extremely good reason for this sort of thing. Telling the chief of staff he is not your type is not justification to eff with two doctors. The subject of the investigation and you.

You probably ought to see if Todd or Zoltan can delete this thread for you. You are fairly anonymous here, but not completely so.

DARISC · 06:19 PM

Quote:

Originally Posted by Moses

It's a CONTRACT. The Medical Executive Committee decided that the doctor in question needed to agree in writing to several stipulations, including the need for continual medical records review.

Basic contract law: A contract must include consideration for it to be legal and binding. What is the consideration, i.e. what are you getting for what you are giving?

Edit: just now saw post #10.

Noah930 · Noah930's Garage

Is there a reason you can't ask the dept chair for how long your "supervision" must continue? Or if you're the more confrontational type, ask in the middle of the monthly dept meeting in front of the entire dept. Say publically how you don't think any further supervision is necessary, as the doc you're supervising is clinically excellent. It'll be noted in the minutes.