I remember the first time I received a letter from an attorney’s office requesting the records of a patient I had recently seen. The envelope alone, emblazoned with the attorney’s firm, gave me such anxiety. It contained a disability claim, for which I was relieved!

Had the envelope contained information detailing a legal dispute, such as a malpractice claim, I’m certain almost all optometrists would call an attorney immediately. It is important to note, however, that there are circumstances in which well-educated O.D.s may not engage an attorney when they should.

FOUR AREAS

Below are four areas where qualified legal advice and expertise can save O.D.s time, money and headaches:

1. Administrative and license complaints.
2. Real estate and corporate sublease agreements.
3. Third-party payer contracts and disputes.
4. Employment agreements.

Just as optometrists do not advise patients to self-treat or to rely on friends, family or “Dr. Google” for eye care advice, they should heed the same thought process when it comes to legal advice.

ADMINISTRATIVE AND LICENSE COMPLAINTS

Administrative and license complaints can result from disgruntled patients, other optometrists or physicians.

They encompass a variety of complaints, from failure to follow the standard of care, to not following the advertising rules of the O.D.’s jurisdiction.

When served with a complaint requesting certain documents and/or records, an optometrist who is confident they did nothing wrong may quickly send the requested documents and/or records. This is often an unwise decision even if the O.D. feels the complaint lacks merit.

The reason: Even straightforward complaints responded to incorrectly can lead to more complicated issues for the optometrist.

For example, the complaint may be about glasses, but the record may open a standard-of-care issue, because the O.D. failed to include relevant medical records.

Attorneys are trained to evaluate a complaint and then dig into the details to ensure the proper documentation accompanies the request. Often, this is sufficient to resolve the dispute. If not, the attorney is there from the beginning to help the optometrist work toward a resolution.

Over the next few “Legal” columns, I will discuss the other areas listed above and why it is important to engage an experienced attorney early in the process.

ERR ON THE SIDE OF SAFETY

In the course of day-to-day practice, optometrists will make many decisions and enter into numerous agreements. Some of these are commonplace, so as educated professionals it is understood that legal advice is not needed. However, if the O.D. is asking themselves whether they should engage an attorney, the answer is probably “Yes!” OM

Disclaimer: The information in this article is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. The information contained in this article is not legal advice, and it is not intended to be a substitute for legal counsel on any subject matter. No reader of this article should act or refrain from acting on the basis of any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

DR. GILBERT-SPEAR is the owner of The Vision Hub, a multi-location practice in Florida’s pandhandle, and is a consultant and speaker with various eye care companies. She is also a partner at Pacific Apex Law Group, LLP, where she focuses her practice on Health Care and Life Sciences.