Q.  I am ready to dissolve my partnership with two other physicians.  Can Mediation help resolve our disputes?

A. Mediation is the preferred method of resolving partnership disputes so long as the parties are reasonable.  Litigation is expensive, time consuming and the outcome is unpredictable since it is in the hands of a third party (judge/jury).  The result of Mediation is immediate, inexpensive and the outcome is decided by the parties.  (see https://www.ziskindlaw.com/blog/

Q.  How do you value a medical practice?

A.  While most businesses are valued based upon a formula involving earnings (EBITDA), medical practices are typically appraised through a fair market value method which includes asset, market and income approaches.  The legal structure and tax implications are also vital.

Q.  Can a physician have an ownership interest in an Ambulatory Surgical Center where they perform surgery?

A.  There is a Federal Stark exemption for physician ownership of an ambulatory surgical center as long as the physician’s practice and use of the investment entity meet certain safe harbor tests.

Q.  Do I need a lawyer to respond to a complaint sent by the Department of Health?
A.  It is advisable to seek the opinion/services of a qualified attorney before responding to a Complaint.  At issue is often sanctions against the physician’s license including revocation and fines.

Q. The Hospital is recommending a number of changes to the Medical Staff Bylaws.  Does the Medical Staff need separate counsel to review?
A. The Hospital retained counsel to draft the changes to the Bylaws.  The implications of those changes can impact the privileges and due process rights of all physicians on the medical staff as well as control and autonomy of medical care rendered.  The Medical Staff should always retain independent and experienced counsel to represent its interests.