Recently, a webinar commentator posed the question about the R&D tax credit and whether healthcare professionals engage in research in their daily practices. The question was based on the commentator’s interpretation of experimentation as the discovery of something new. As with all things legal and tax-related, language is everything. So how does the language of Read More
It is not uncommon for clients to ask the big questions: What are the odds of an audit in the R&D tax credit application? How can audit risk be reduced? Does an amended return increase audit risk? Will the IRS look a little harder this year? It is true that claiming the R&D Tax Credit Read More
We work with some excellent CPAs. In fact, one of the first things we do is reach out to your CPA to resolve any questions early on and strategize to see whether the R&D tax credit is a good fit for you. We recently received a question from one of these great CPAs as to Read More
Physicians, dentists, and other healthcare businesses are typically in the daily process of innovation, even if we haven’t been trained to designate our processes that way. The very name of our business methodology – a healthcare practice – indicates that there is a component of development inherent to the delivery of healthcare services. Let’s break Read More
The standard of care in medical malpractice law varies by the locality from which different states draw their customary care practices. The customary care standard was historically limited to physicians practicing in close proximity to each other. Currently, only six states maintain a version of the “locality rule,” in which a physician is judged by Read More
The customary care standard in medical malpractice litigation is generally established through the testimony of physicians who are considered experts in the field relating to the specific malpractice case.[1] In general, expert testimony must establish that it is more probable than not that the defendant’s act of negligence was responsible for the resulting harm.[2] In Read More
Physician liability in a medical malpractice case is determined by assessing whether medical care meets the “standard of care.” Legal standards of care are derived from various sources including common law, state statutes, federal and state agencies, and professional ethics.[1] Unlike other negligence cases, physician defendants are not judged against “reasonableness” standards, or what a Read More
In many ways, if customary care and evidence-based research got together and had a baby, it would be the clinical practice guideline. Clinical Practice Guidelines (CPGs) standardize treatment by placing patients with particular diagnoses on a relatively uniform pathway. CPG pathways are found by identifying and standardizing successful customary care practices or through research generated Read More
Recognizing the inherent variability in the customary care standard, many in healthcare have suggested moving towards an evidence based care standard.[1] Evidence-based medicine (EBM) is the conscientious, explicit, and judicious use of the current best evidence in making decisions about the care of individual patients.[2] Instead of the practitioner consensus found in customary care, evidence-based Read More