Martin Pringle Press Room

What is HITECH?

Thu, 01 Apr 2010 18:42 GMT

If you have been hearing about the new HITECH requirements that went into effect February 17, 2010, for covered entities and business associates, but weren’t certain about all the specifics, here are some of the key points.

Martin Pringle Attorneys Recognized as America’s Leading Lawyers in their Field of Practice

Fri, 26 Mar 2010 14:30 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce that three Martin Pringle attorneys have been recognized by Chambers & Partners, Legal Publishers as Leading Lawyers in their field in the 2010 edition of Chambers USA. Terry L. Mann was recognized in the field of Labor & Employment and Jeff C. Spahn and David S. Wooding have been recognized in the field of General & Commercial Litigation.

Market recommendation from clients and peers forms the basis of inclusion and coverage in the Chambers Client Guide.

Founded in 1951, Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is one of the largest law firms in Kansas. With nearly 40 attorneys in Wichita and Overland Park, Kansas, Martin Pringle provides creative, cost-effective solutions for its clients’ legal problems. Martin Pringle offers a full-range of legal services including, Adoption, Appellate Practice, Aviation Law, Banking, Bankruptcy, Business Practice, Civil Litigation, Construction Law, Creditor’s Rights, Elder Law, Employment Law, Energy Law, Environmental Law, Estate Planning, Immigration Law, Insurance Defense, Medical Malpractice Defense, Personal Injury/Wrongful Death, Products Liability, Real Estate Law, Taxation, Technology & Computers and Workers Compensation.

Martin Pringle Attorneys Recognized as America’s Leading Lawyers in their Field of Practice

Fri, 26 Mar 2010 14:30 GMT

Jason Rose Promoted to Director of Special Projects

Fri, 26 Mar 2010 14:13 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce that Jason Rose has been promoted to Director of Special Projects.

Mr. Rose started at Martin Pringle in 1999 and worked in the Accounting department. He was later promoted to the Information Techology department where he worked as a Network Support Specialist and has now been promoted to Director of Special Projects. Jason is a true asset to the Martin Pringle team and we are happy to have him on board.

Jason Rose Promoted to Director of Special Projects

Thu, 25 Mar 2010 14:32 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce that Jason Rose has been promoted to Director of Special Projects. read more

March/April 2010 Employment Law Briefing

Mon, 01 Mar 2010 20:06 GMT

A glance of topics covered in this issue:

Why it’s important for employees to maintain ongoing communication with their employers — whether it involves reporting worker harassment, or suggesting a different workplace accommodation if an employer’s suggestion isn’t feasible
We show that an employee’s actual innocence of the employer’s proffered accusation might not be sufficient in an age discrimination case

EHR/EMR “Meaningful Use” and Certification

Mon, 01 Mar 2010 19:38 GMT

The American Recovery and Reinvestment Act of 2009 (ARRA), contains the provisions for Health Information Technology for Economic and Clinical Health (HITECH). Through HITECH, the Department of Health and Human Services (HHS)[1] intends to incentivize healthcare providers to engage in "meaningful use" of "certified" EHR or EMR. Until recently, the definition of "meaningful use" has been speculative. On January 13, 2010, the Centers for Medicare and Medicaid Services, a division of HHS, released Notices of Proposed Rule Making (NPRMs)[2] which provide some additional guidance regarding "meaningful use" and "certified" EHR/EMR.

Scott Haines Elected Into Partnership

Mon, 08 Feb 2010 15:37 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce that Scott Haines has been elected into partnership.

Mr. Haines is one of 22 partners at the firm and has been with Martin Pringle since 2004. He practices in the areas of bankruptcy, focusing on work for creditors with a major emphasis on acting as counsel for Chapter 7 Trustees. He also practices in the area of real estate focusing on unlawful detainer actions, and the handling of bankruptcy matters for commercial real estate clients. His commercial litigation practice focuses on matters including foreclosures, collection and replevins.

Mr. Haines received his J. D. from the University of Nebraska-Lincoln School of Law and is admitted to practice in Kansas and Missouri. He is a member of the Commercial Law Committee for the Missouri Bar, an Advisor in the Missouri Bar Mentoring Program, is a member of the Kansas City Metropolitan Bar Association and also received their Volunteer Attorney Project Award in 2007.

Rick Griffin Elected Into Partnership

Mon, 08 Feb 2010 15:12 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce that W. Rick Griffin has been elected into partnership.

Mr. Griffin is one of 22 partners in the firm and practices in the areas of commercial litigation, focusing on individual and commercial contract disputes, products liability, energy law and creditor’s rights bankruptcy litigation. He started at Martin Pringle in 2002 as a summer law clerk while finishing law school at the University of Kansas School of Law. He is admitted to practice in Kansas and serves on the board of directors for the Wichita Metro Chamber of Commerce, is the Chair of Young Professionals of Wichita and is active in the Wichita Bar Association.

Rick Griffin and Scott Haines Elected Into Partnership

Fri, 05 Feb 2010 20:00 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce that W. Rick Griffin has been elected into partnership. read more

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce that Scott Haines has been elected into partnership. read more

Welcome Lee Urban

Fri, 05 Feb 2010 19:46 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce the addition of Lee E. Urban to their Kansas City office.

Mr. Urban practices in the areas of civil litigation, creditors rights, and business law. He also has experience working with the legislature and other local and state governmental entities. Mr. Urban was previously an Assistant Attorney General at the Office of the Kansas Attorney General. For the State of Kansas, he litigated Kansas Consumer Protection Act claims, civil rights actions, and oversaw charities and non-profit enforcement issues. He received his Bachelor of Arts degree from Rockhurst University and went on to receive his J. D. from the Creighton University School of Law. He is admitted to practice in Kansas and Missouri.

Welcome Doug Longhofer

Fri, 05 Feb 2010 19:45 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce the addition of Doug Longhofer to their Wichita office.

Mr. Longhofer practices in the areas of taxation, estate planning, including trust and estate administration, as well as business practice law. He received his Bachelor of Science degree from Kansas State University and went on to receive his J.D., as well as Certificates in Tax Law and Business and Transactional Law, both with distinction from the Washburn University School of Law. He is admitted to practice in Kansas and is a member of the Kansas and Wichita Bar Associations as well as the Young Professionals of Wichita.

Welcome Mark Lippelmann

Fri, 05 Feb 2010 18:22 GMT

Martin, Pringle, Oliver, Wallace & Bauer, L.L.P is proud to announce the addition of Mark A. Lippelmann to their Wichita office.

Mr. Lippelmann’s primary practice area is civil litigation focusing on business law, energy law and insurance defense. He received his Bachelor of Arts degree in Philosophy from The University of Kansas and went on to receive his J.D. from the Washburn University School of Law. Mr. Lippelmann is admitted to practice in Kansas and is a member of the Kansas and Wichita Bar Associations as well as the Young Professionals of Wichita.

Office Management: Termination of Employees in the Physician’s Office

Mon, 01 Feb 2010 20:30 GMT

Kansas is an “at-will” employment state. In practical terms, this means that unless employees have a contract with different provisions, their employment can be terminated for a good reason, a bad reason, or no reason – as long as it does not violate protections afforded under the law. Most physicians and office administrators know that employees cannot be terminated based upon their gender or race. These are examples of protections afforded under state and federal law that provide exceptions to at-will employment. Other Kansas and federal statutes afford additional protections.

January/February 2010 Employment Law Briefing

Fri, 01 Jan 2010 20:35 GMT

A glance of topics covered in this issue:

SOX and suits: Whistleblower provisions at issue in retaliatory termination case
Reduction in force or age-based discrimination?
Imputing ugly staff conduct to the employer
Ignorance isn't bliss for employer in FMLA lawsuit

New Year’s Resolutions for Physicians

Fri, 01 Jan 2010 20:22 GMT

2009 is over, and 2010 is here. 2009 brought many interesting new legal developments for physicians, including recent changes to HIPAA and an ongoing debate over health care reform. As we head into this year, here are a handful of new year’s tips and resolutions to keep in mind:

Never Events

Mon, 02 Nov 2009 17:06 GMT

In 1999, a report issued by the Institute of Medicine found medical errors were a leading cause of mortality and morbidity in the United States. This ignited those in the health care world. Following this report, in 2002, the National Quality Forum developed a list of 27 serious and “preventable” conditions which should never happen to a hospital patient. In 2006, another condition was added to make the total list 28. These events became known as “never events”. The name seems unfortunate in that all related to the health care industry recognize there is never a “never”.

November/December 2009 Employment Law Briefing

Sun, 01 Nov 2009 15:59 GMT

A glance of topics covered in this issue:

The Age Discrimination in Employment Act: Supreme Court rules on age as key factor
At issue: Allegedly discriminatory hiring procedures
Do salary deductions negate overtime exemption?
Employer terminates worker before end of FMLA leave

The “Red Flags” Rule Part II – Are you low-risk or high-risk?

Wed, 02 Sep 2009 15:46 GMT

In the Volume 59, Number 2, Summer 2009, issue of this publication, my colleague Lora Jennings introduced you to the Red Flag Rules (RFR) in her article titled “Health Care Providers and Identity Theft – Ensuring Compliance with the ‘Red Flags’ Rule.” Since then, the Federal Trade Commission (FTC) has postponed its enforcement of the Rule until November 1, 2009.

September/October 2009 Employment Law Briefing

Tue, 01 Sep 2009 16:08 GMT

A glance of topics covered in this issue:

Who's watching the watcher? Discrimination suit puts EEOC under scrutiny
Independent contractor vs. employee: Another battle is fought in the IT realm
Workforce reduction cuts along gender lines
Regarding guns, OSHA and the workplace...

July/August 2009 Employment Law Briefing

Wed, 01 Jul 2009 15:27 GMT

A glance of topics covered in this issue:

New wage bias act reverses Supreme Court's Ledbetter decision
Did employee's cooperation lead to employer's retaliation?
The Family and Medical Leave Act: Think twice before firing someone on qualified leave
Acting in good faith at question in FLSA case

Health Care Reform – Stay Tuned

Tue, 02 Jun 2009 16:34 GMT

On June 9, 2009, the Senate Health, Education, Labor and Pensions (HELP) Committee released a draft bill to reform the nation’s health care system. The draft bill, called the Affordable Health Choices Act, is a 615-page bill that includes numerous provisions touching many different areas of health care. Included in the bill are provisions prohibiting health care insurers from discriminating against individuals on the basis of an individual’s health status, preexisting conditions, medical condition or history, claims experience, disability, or genetic information, among other things. The Act also contains numerous other provisions pertaining to the design and implementation of regionalized systems for emergency care, health care workforce loan repayment programs, expansion of Medicaid coverage, and insurance market reforms.

Health Care Providers and Identity Theft – Ensuring Compliance with the “Red Flags” Rule

Tue, 02 Jun 2009 15:36 GMT

Beginning August 1, 2009, the Federal Trade Commission will start enforcing the Red Flags Rule – a law that requires certain businesses and organizations, including healthcare providers, to develop and implement a written program to identify, detect, and respond to warning signs, or “red flags,” of identify theft. A “red flag” is a pattern, practice, or specific activity that indicates the possible existence of identity theft.”

May/June 2009 Employment Law Briefing

Fri, 01 May 2009 15:52 GMT

A glance of topics covered in this issue:

New rules interpret the Family and Medical Leave Act
Something in the air: Employee's perfume prompts ADA dispute
The Pregnancy Discrimination Act: Treating workers equally is key
What constitutes salary for FLSA overtime rules?

The Kansas Board of Healing Arts: Interaction after Licensure or Registration

Mon, 02 Mar 2009 16:02 GMT

The practice of the healing arts is a privilege granted by legislative authority, not a natural right of individuals. In Kansas, the practice of the healing arts is regulated by the Kansas State Board of Healing Arts. Physicians and other practitioners become familiar with the Board even before they begin practice, as the Board is where one applies for temporary permits, postgraduate permits, examination, and licensure.

March/April 2009 Employment Law Briefing

Sun, 01 Mar 2009 15:34 GMT

A glance of topics covered in this issue:

ADA amendments expand coverage: How your business may be affected
Criticized professor alleges discrimination and retaliation
Does merely calling in sick trigger FMLA protection?
Employers beware: Don't let emotion get the best of you when making a firing decision

Coordinating Your Estate Plan

Mon, 02 Feb 2009 15:29 GMT

At the beginning of this New Year, we wanted to take the opportunity to briefly share with you one of the most common mistakes in estate plans—the lack of coordination between your estate planning documents, such as wills or trusts, and your beneficiary designations on retirement plan assets and life insurance policies.

Frequently, many designate their spouse as the primary beneficiary of these types of assets and, in some instances, the law even requires that a spouse be the primary beneficiary unless they have signed a written waiver. However, many people are still unaware who should be designated as a successor or contingent beneficiary. Furthermore, you could inadvertently defeat the purpose of your estate plan resulting in legal or income tax expense that would otherwise have been avoided. Thus, to make sure that your beneficiary designations reflect and support your plans for your children, grandchildren, or heirs, you should review your estate plan.

A good review of your estate plan involves requesting copies of your current beneficiary designation forms for all your retirement plan assets and life insurance policies. The beneficiary designations should be reviewed and updated to make sure they are consistent with your other estate planning documents.

If you have any questions about beneficiary designations or your estate plan generally, please feel free to contact us at your convenience, and have a very Happy New Year.

January/February 2009 Employment Law Briefing

Thu, 01 Jan 2009 20:29 GMT

A glance of topics covered in this issue:

Against the clock: Proximity of harassment complaints to firing is key in retaliation case
FBI agent says PTSD interfered with the major life activity of sleeping
Husband alleges retaliation after wife settles FMLA suit
For ADA protection, must an employee request accommodation?

Beneficiary Designation

Thu, 01 Jan 2009 16:18 GMT

Everyone should be aware of one of the most common mistakes in estate planning—the lack of coordination between the estate planning documents, such as wills or trusts and your beneficiary designations on retirement plan assets and life insurance policies.

Pitfalls of Withdrawing From A Physician-Patient Relationship

Tue, 02 Dec 2008 17:02 GMT

When handling difficult patients, such as patients who repeatedly miss scheduled appointments, refuse to comply with treatment advice, or fail to make required bill payments, it may become necessary for the physician to terminate the physician-patient relationship. If the physician has addressed with the patient the issues that are becoming detrimental to the physician-patient relationship and the physician decides that withdrawing from the patient’s case is necessary, a physician should proceed carefully to avoid liability for abandoning the patient.

Managing the Risks Associated with Prescribing Controlled Substances

Tue, 02 Dec 2008 15:56 GMT

The non-medical use or abuse of controlled substances continues to be a growing public health concern. In a 2004 study, approximately six million people reported that they had used prescription drugs for non-medical purposes during the previous month, with an estimated 14.6 million people reporting such non-medical use of prescription drugs in the previous year. Physicians often treat patients who have chronic pain and various other medical conditions with prescription narcotics.

Choosing and Protecting Your Business Name And Trademark

Mon, 03 Nov 2008 16:57 GMT

Trademarks and service marks are important aspects of business operations. A trademark or service mark is a word, symbol, phrase or design that the public associates with the source of certain goods or services, such as the Nike swoosh symbol, or the name AT&T. The term “trademark” generally refers to a mark identifying the source of goods while the term “service mark” refers to the source of services.

November/December 2008 Employment Law Briefing

Sat, 01 Nov 2008 15:55 GMT

A glance of topics covered in this issue:

When must employers pay for commuting time?
Employee fired for on-the-job sleeping alleges retaliation
Offensive language can create a hostile work environment
Beware of pretextual firing reasons
New act bars genetic discrimination

Changes In Your Estate Plan

Thu, 02 Oct 2008 15:33 GMT

This year has passed quickly. As we approach the close of 2008, please consider the changes that have occurred in your life or in the lives of your family and friends.

These changes may affect your estate plan or the estate plan of your parents. Some of the changes that may affect those estate plans include the following:

The addition or change in circumstances of a child or a grandchild;
A change in employment or place of residence;
Retirement from work or changes in health;
The loss of a spouse or other family member;
A change in marital status;
Receipt of an inheritance; and
Acquisition of real estate.

Please consider whether your estate plan and your parents' estate plan are current. Keeping your estate plan current is as important as having a plan in the first place.

The Latest Stark Regulations Have Been Released

Mon, 01 Sep 2008 17:08 GMT

On August 19, 2008, the Centers for Medicare and Medicaid Services (“CMS”) posted new Stark Law regulations that significantly alter the prohibitions on referrals by physicians for designated health services (“DHS”) to entities with which they have financial relationships.

September/October 2008 Employment Law Briefing

Mon, 01 Sep 2008 16:04 GMT

A glance of topics covered in this issue:

Does job title exempt an employee from overtime pay?
Sexual harassment suit hinges on physician's employment status
Employer needn't provide Sabbath observer's preferred accommodation
Diabetes and the ADA

Kansas Law Has Abolished Vicarious Liability for Health Care Providers

Fri, 01 Aug 2008 17:04 GMT

Three basic elements are required to prove negligence in any lawsuit, whether the claim is medical malpractice or some other tort. First, the party who is alleged to be negligent must have a duty to prevent the harm about which the injured person complains. Second, the negligent party must breach that duty. And third, the breach of the duty must have caused the injured party’s damages. In the medical malpractice context, for example, a physician is negligent if the applicable standard of care requires her to perform a procedure a certain way, she fails to do so, and the patient is injured because of her failure.

Federal Estate Tax Law

Wed, 02 Jul 2008 15:31 GMT

As we progress through this important election year and listen to all the talk and rhetoric about how the candidates will make our lives and businesses better, the clock continues to count down on the repeal of the Federal estate tax law. The current applicable exemption amount from Federal estate tax is $2,000,000 per person. This is the amount that can pass free of the Federal estate tax to a person other than a surviving spouse. This amount is currently set to increase to $3,500,000 per person on January 1, 2009. If the existing law remains unchanged, on January 1, 2010, the Federal estate tax law is repealed for one year, and then in 2011 the Federal estate tax law reverts back to the 2001 law with an exemption amount of $1,000,000. We believe it is highly unlikely that a new administration and Congress will let 2009 pass without revising the estate tax law to prevent the elimination of the estate tax in 2010. There seems to be bipartisan support for an increased exemption amount. Exemption amounts as high as $4,000,000 to $5,000,000 per person have been discussed.

While it is impossible to predict what the future estate tax law will be, it is likely that the exemption amount will remain at a level in excess of $2,000,000 per person. Increases in the exemption amount may impact your existing estate plan. If you have a current will or trust in place that provides upon the death of the first spouse that the deceased spouse’s exemption amount shall be placed in a “bypass”, “credit shelter” or “family trust”, then your plan should be reviewed in light of the increase in the exemption amount to determine if this structure is still necessary or practical. Many estate plans were implemented when the exemption level was only $600,000 per person. The increased exemption level has reduced the need for the creation of a tax shelter trust upon the death of the first spouse in estates that have a value of less than $2,000,000. It may be your desire to eliminate the creation of this tax sheltered trust upon the death of the first spouse or fund it with less than the full exemption amount.

However, to complicate matters further, the Kansas estate tax law and exemption amounts are different from the Federal law and Federal exemption amounts. Previously, the Kansas estate tax law piggy backed the Federal law in recognizing the Federal exemption amount. When the Federal exemption amount began increasing and phasing out the state death tax credit, Kansas decided to decouple from the Federal law. Currently, Kansas law recognizes an exemption amount of only $1,000,000. Therefore, an estate plan may be structured to avoid Federal estate tax, but can still result in Kansas estate tax liability.

Tax law changes along with changes in your life circumstances should cause you to review your documents and make sure they are still consistent with your wishes. If you would like to visit with us further regarding these tax law changes or to review your documents, please do not hesitate to contact us.

July/August 2008 Employment Law Briefing

Tue, 01 Jul 2008 15:24 GMT

A glance of topics covered in this issue:

Location, location, location: In discrimination cases, where a promotion is offered can make a difference
Is depression covered by the ADA and FMLA?
A professor's alleged in-office pornography leads to multiple claims
WARN Act doesn't require double payment of wages

Physicians as Witnesses

Mon, 02 Jun 2008 16:22 GMT

In medical legal matters, the testimony of treating physicians as well as that of physicians acting as expert witnesses is absolutely crucial. Personal injury, medical malpractice, workers compensation and child abuse cases continue to flow through the court system at a steady pace. This means that as a family physician, chances are you will find yourself at some point in your career sitting in the witness chair. Most physicians understand that they have an obligation to testify as witnesses on behalf of plaintiffs or defendants as appropriate.

Successful Succession: Transfer of Ownership of a Kansas Professional Corporation

Mon, 02 Jun 2008 16:11 GMT

Many private medical practices in Kansas are organized as “professional corporations” under the Kansas corporation statutes. The Kansas professional corporation statute was enacted in 1965 to provide benefits of incorporation (such as favorable tax treatment) to people providing professional services, either as solo practitioners or in groups. Traditionally, the general corporation statutes did not permit corporations to engage in “learned professions,” including medicine, so the professional corporation law was a way to provide the benefits of incorporation, while maintaining the distinction between learned professions and other businesses. Under current law, some professions can organize as general corporations, but medical practices cannot.4

The Training Requirement Under the Deficit Reduction Act

Thu, 01 May 2008 17:08 GMT

If you haven’t reviewed this issue since it first reached healthcare headlines, there is no time like the present. The Deficit Reduction Act of 2005 (DRA) was signed into law February 8, 2006, and it contained several provisions that are designed to strengthen Medicaid fraud and abuse enforcement. One DRA provision that has received much attention is that, as of January 1, 2007, state Medicaid plans must ensure through a compliance program that any entity annually receiving payments of at least $5 million under the state plan must provide information on certain subjects to its employees, contractors and agents, as a condition of receiving payment.

May/June 2008 Employment Law Briefing

Thu, 01 May 2008 15:47 GMT

A glance of topics covered in this issue:

"Sexual harasser" vs. "Retaliation victim": Court focuses on pretext, timing and connections
Employer didn't violate duty to accommodate Sabbath observer
Is direct notice required for FMLA leave?
Handbooks must be clear to average employee

Providing Reasonable Accommodation to Health Care Employees Under the ADA

Mon, 03 Mar 2008 16:02 GMT

Health care was the largest industry in the economy in 2006, providing fourteen million jobs, and it is expected to continue to grow in the next several years. The health care industry also has a high incidence of occupational injury and illness. In light of the unique working conditions in this industry, health care employers must work to ensure compliance with the Americans with Disabilities Act (“ADA”) when dealing with employees and applicants. The ADA protects a qualified individual with a disability from discrimination on the basis of a disability, and provides that an employee or applicant is entitled to reasonable accommodation to perform, apply for, or enjoy the benefits and privileges of employment. Below is an overview of a few issues that health care employers may face in providing a reasonable accommodation to qualified, disabled employees or job applicants.

March/April 2008 Employment Law Briefing

Sat, 01 Mar 2008 15:39 GMT

A glance of topics covered in this issue:

Is obesity a disabling impairment under the ADA?
Definitions key in determining FMLA eligibility
Internal affairs: Don't leave your business open to disparate-treatment changes
Harassers needn't know victim's actual national origin
Involving the police held to be protected conduct

Implementing Voluntary Compliance Programs

Fri, 01 Feb 2008 16:42 GMT

Physicians should develop and maintain a voluntary compliance program to minimize the potential for erroneous or fraudulent conduct under federal health care requirements. The Office of the Inspector General (“OIG”), in the Department of Health and Human Services, issued a Compliance Program Guidance (“CPG”) for Individual and Small Group Physician Practices that, in essence, contains seven components that provide a solid basis upon which an individual or small physician practice group can create a program to prevent submission of erroneous claims and fraudulent conduct.

Communicating With LEP Patients

Thu, 01 Nov 2007 17:05 GMT

Physician-patient communication can be challenging, even under the best circumstances. When the physician and patient do not speak the same language, however, ensuring accurate communication is all the more difficult. Poor communication can lead to extra costly tests, or worse, medical error.

Protecting Your Personal Assets

Wed, 01 Aug 2007 16:46 GMT

Maintaining adequate and appropriate personal insurance is a significant key that physicians often overlook when seeking to protect personal assets. For any damage award that exceeds the limits on a homeowners or automobile policy, the individual is personally liable. Liability insurance, whether in the form of homeowners or automobile insurance, is designed to pay for expenses such as medical bills, lost wages, property damage and other expenses due to the negligence of the person at fault. After adding up all the expenses arising out of an automobile accident or other accident, insurance policy limits simply may not be enough.

Top Ten Reasons Physicians Are Sued

Mon, 02 Jul 2007 17:12 GMT

Physicians are sued for many reasons. Some of the reasons are legitimate and others are not. Obviously, if a physician is negligent and it causes damage to the patient, the physician is vulnerable to being sued for malpractice. However, physicians are many times sued for reasons not based on the classic negligence principles. A plaintiff may disguise his lawsuit in negligence but the motivating factor may not be thoughts of negligence at all. A physician often has control, and is able prevent the lawsuits based on these other factors.

Caveat Medicus: Physician Liability under the Kansas Consumer Protection Act

Thu, 01 Mar 2007 15:53 GMT

In February, the Kansas Supreme Court held in the case of Williamson v. Amrani that a medical negligence plaintiff who alleges that “a physician has willfully failed to state a material fact or has willfully concealed a material fact” can make a claim for deceptive acts and practices and/or unconscionable acts and practices under the Kansas Consumer Protection Act (the “KCPA”). This decision has adverse implications for health care providers in Kansas. Fortunately, the Kansas Legislature is considering overturning the Williamson decision.

Standards of Conduct for Physicians and Attorneys

Fri, 01 Dec 2006 16:28 GMT

Involved in Legal Disputes Concerning Evidence of Medical Matters

Becoming involved in legal disputes concerning evidence of medical matters can be a time-consuming and even stressful experience. Recognizing that mutual cooperation of physicians and attorneys is essential to the orderly resolution of such disputes, the Wichita Bar Association and the Medical Society of Sedgwick County have adopted the Sedgwick County Medical-Legal Code. This Code contains a declaration of standards of conduct for both attorneys and physicians involved in such matters.

The Confusing Federal Estate Tax Picture

Mon, 02 Oct 2006 17:11 GMT

The current state of the law with respect to the Federal Estate Tax is complex and at least somewhat confusing. As a result, taxpayers with significant assets are faced with difficult decisions in putting together the optimum estate plan. Adding to the confusion is the possibility that Congress will either repeal the Estate Tax altogether or modify its provisions so that it would apply to only very large estates.