Caveat Medicus: Practising with Another Dentist May Be Hazardous to Your Financial Health
AbstractThe author reviews recent decisions on the ownership of patient medical records when a dental practice splits. Firstly, he notes the fiduciary relationship physicians have to their patients in regards to medical records such that among doctor and patient the doctor owns such records only for the benefit of the patient. He goes on to explain how ownership among medical practitioners depends on whether their relationship is one of partnership, employment, or independent contractor. This analysis can be further complicated by factors like restrictive covenants and the need to he reasonable. Finally he notes the importance of well written agreements to help dentists avoid complicated and expensive litigation by providing solutions for such problems before they occur.
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