Top Legal Considerations for Running a Successful Medical Practice

Julie Starr • August 8, 2024

If done correctly, running a medical practice can be one of the most worthwhile business options you ever make. It’s exceptionally rewarding to deliver healthcare to those who need it. These benefits on the emotional side of things, though, can only be achieved when you have taken care of more grounded specifics, and these start with the need to keep on top of legal considerations. Getting those in place will ensure a business that runs smoothly and a practice that can deliver for its patients and staff alike.


Understanding patient privacy laws

There is maybe no information about a person that is more starkly private than their medical data. People can choose to share it with whoever they wish to, but a medical practice has to be fundamentally conscious of patient privacy, especially as it pertains to HIPAA. HIPAA breaches can expose a practice to fines of up to $50,000 per breach, so make sure that your staff are trained in a fully up-to-date way on their responsibilities in this regard. It’s not only a financial and legal consideration; it is something you morally owe to every patient you see.


Medical malpractice and legal liability

According to the American Medical Association, 34% of all working doctors have been sued at least once in their careers, with about half of that number having faced multiple suits. This doesn’t mean that one in three doctors are doing a poor job - not all of these suits have been successful, obviously. However, healthcare is an emotive field and people may bring suits for any number of reasons. 


Your practice must ensure that it is fully covered with
medical malpractice insurance to ensure that it is capable of dealing with any suits, and all professionals must be aware of their legal duties pertaining to patients and each other. Regular training in this regard is essential, and goes from the top to the bottom of the business.


Employment law and contract negotiation

There are two different kinds of contract your practice will likely enter into: contracts with staff and with vendors or service providers. On the first point, it is important to make sure you are on the right side of employment law: paying fair wages, complying with anti-discrimination law, and record-keeping. On the second, it is essential to have a contract lawyer look over any agreement you enter into with, for example, cleaning staff or pharmacy managers if these are not internally employed. 


Failure to achieve a fair contract can lead to the other contractor withdrawing from their obligations under that contract, which can in turn negatively influence your ability to deliver a service. Keeping on top of this is something you’ll need to do before you consider what your practice can do for its patients.



Sustainability

An aspect to include in the foundational components of building your medical practice is business sustainability. One resource is The Healthcare Plastics Recycling Council (HPRC) which represents a technical consortium of medical product company manufacturers, waste collectors and recycling companies working to enable recycling of select packaging waste materials within hospital and medical facilities. Founded in 2011, the objective of HPRC is to enable packaging reduction and increased recycling of select product packaging waste streams within hospital and medical facilities.


Healthcare is a complicated, challenging field, and while you may be fully focused on delivering the best outcomes for your patient, it is important to remember that your legal obligations are not a distraction from doing that, but a framework upon which it can be built.

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