The Single Most Important Thing to Remember About Electronic Medical Records

May 17th, 2012

This article is not written to debate the pros and cons of switching to electronic medical records.  It would take several pages and hours to discuss the issues with electronic medical records such as productivity, efficiency, confidentiality, patient interaction, costs savings, etc.  But since it appears that electronic medical records are here to stay and will have an impact on the practice of medicine, I do think it is important to note the single most important aspect of an electronic medical record.  Accuracy.

Whether the medical record is on paper or made via a computer, the importance of an accurate record cannot be emphasized enough.  The patient’s medical record that you create may be viewed and relied upon by the patient and other physicians.  The medical record may also be closely examined by lawyers, judges and members of a jury if you are involved in a lawsuit.

From an attorney’s point of view, an incomplete or not quite accurate medical record can be explained.  In fact, often times the explanation is quite easy.  But a jury does not always believe the explanation.  Sometimes the jury will question the accuracy of other records if just one record is found to be inaccurate.  Losing credibility with a jury can have devastating consequences.

As you implement your electronic records system and work through nuisances of that system, including where you input certain information, don’t forget to double or triple or quadruple check the information you input before moving on to the next patient.  An extra few minutes now could save you countless hours in the future.

Due Diligence 360, Part II: Names

May 15th, 2012

Prior blog articles have advised a buyer of a business or a lender getting ready to lend money to make sure and conduct not only UCC financing statement searches, but also to conduct searches for outstanding fixture filings, judgments and tax liens.  However, lenders and buyers need to be aware that liens that are not governed by the Uniform Commercial Code are not governed by the same search rules. Read the rest of this entry »

Arbitrator Given Great Deference in Union Labor Dispute

May 10th, 2012

An arbitrator was given a good deal of latitude by the Indiana Court of Appeals after a trial court had determined that the arbitrator had exceeded his powers in a dispute between a city and a labor union.  Read the rest of this entry »

Illinois Case Demonstrates Need for Changes to UCC Article 9

May 8th, 2012

A recently decided bankruptcy case in Illinois highlights the need for the amendments to Uniform Commercial Code Article 9 which will be effective in Indiana and many other states July 1, 2013. The Illinois bankruptcy case involved a borrower whose name was “Bennie A. Miller.”  This was the name that Miller used in conducting his business transactions and was the name shown on his driver’s license, Social Security card, tax returns, and deed to his residence.  The lender had filed a financing statement against Mr. Miller using this name.  After Miller filed a Chapter 13 bankruptcy, he sought to avoid the lender’s lien.  The bankruptcy court found in favor of the debtor on the basis that the financing statement filed under the name “Bennie A. Miller” was ineffective since the debtor’s legal name on his birth certificate was “Ben Miller.”  A UCC search conducted under the debtor’s legal name did not reveal the lender’s UCC filing.  Read the rest of this entry »

Indiana Department of Labor Gets First Shot at Unpaid Wage Claims

May 3rd, 2012

The Indiana Court of Appeals has determined that a claim for unpaid wages must first be submitted to the Department of Labor for resolution before the aggrieved party is entitled to file a lawsuit.   Read the rest of this entry »

Bamberger Seminar – What Employers Want to Know About Responding to EEOC Charges and Unemployment Claims

May 1st, 2012

We are listening to your feedback and addressing your questions regarding employment law and how it affects business decision makers. Join the attorneys at Bamberger on Wednesday, May 16th at 11:30 am – 1:00 pm as we present an in-depth review of a couple of hot topics in human resources — responding to Equal Employment Opportunity Commission (EEOC) and state agency charges, and unemployment compensation claims. Read the rest of this entry »

Court of Appeals To Employers: You Have the Burden of Justifying Less Pay for Women

April 26th, 2012

Susan King was hired in 2001 by Acosta Sales and Marketing, a food broker.  King was a business manager, and Acosta also employed men in the same job classification, doing the same work, and under the same conditions.  But the men received more than twice King’s pay.  In fact, all of the men were paid more than all but one of the women in the business manager position.  And it took that woman six years to achieve her $60,000 salary.  The male employees exceeded the $60,000 salary faster.   Read the rest of this entry »

Planning for Future Ownership of Farm Real Estate

April 24th, 2012

Farm real estate is a special asset.

For those engaged in farming, it is important to plan for the preservation of the farm real estate so that it may be farmed by both current generation farmers and next generation farmers. Read the rest of this entry »

BREAKING NEWS: The Indiana Court of Appeals is Scheduled to Hear a Case Today Involving Indiana’s Right to Farm Act

April 23rd, 2012

The case arose out of allegations of nuisance, negligence and trespass in a suit by a pork farm, Wilhoite Family Farm LLC, against a neighboring pork farm, TDM Farms Inc.  The suit stemmed from the intentional introduction of the Porcine Reproductive and Respiratory Syndrome by TDM Farms.  The virus spread to the pork farm owned by Wilhoite Family Farm causing loss of livestock.  TDM filed a Motion for Summary Judgment alleging that the claims made by Wilhoite were preempted by the Virus-Serum Toxin Act or barred by Indiana’s Right to Farm Act.  Stay tuned to the Bamberger blog for additional updates on the case. Read the rest of this entry »

Bamberger Seminar – What Employers Want to Know About Responding to EEOC Charges and Unemployment Claims

April 19th, 2012

We are listening to your feedback and addressing your questions regarding employment law and how it affects business decision makers. Join the attorneys at Bamberger on Wednesday, May 16th at 11:30 am – 1:00 pm as we present an in-depth review of a couple of hot topics in human resources — responding to Equal Employment Opportunity Commission (EEOC) and state agency charges, and unemployment compensation claims. Read the rest of this entry »